Knob Hill Chapter 26, Disabled American Veterans, Inc. v. Nova Casualty Company

Filing 39

PROTECTIVE ORDER. By Magistrate Judge Michael E. Hegarty on 02/24/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01904-CMA-MEH
KNOB HILL CHAPTER 26, DISABLED AMERICAN VETERANS, INC., a Colorado
Nonprofit Corporation,
Plaintiff,
v.
NOVA CASUALTY COMPANY, a New York Company,
Defendant.
_______________________________________________________________________
PROPOSED PROTECTIVE ORDER
______________________________________________________________________

1.

In this action, it is anticipated that at least one of the Parties will seek

Confidential Information (as defined in paragraph 4 below) during discovery and that there
will be questioning concerning Confidential Information in the course of depositions. The
Parties assert the disclosure of such information outside the scope of this litigation could
result in significant injury to one or more of the Parties’ interests. The Parties have entered
into this mutual agreement for the purpose of preventing the disclosure and use of
Confidential Information to protect the discovery and dissemination of confidential
information or information which will improperly annoy, embarrass, or oppress any party,
witness, or person providing discovery in this case.
2.

This Protective Order shall apply to all documents, materials, videos and

information, including without limitation, documents produced and other information
disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of

Civil Procedure. This Protective Order shall also apply to “Confidential Information” which
is being discussed, explained or referenced in answer to interrogatories, responses to
requests for admission, deposition testimony, and other information disclosed pursuant to
the disclosure or discovery duties created by the Federal Rules of Civil Procedure.
3.

As used in this Protective Order, “document” is defined as provided in Fed.

R. Civ. P. 34(a). A draft or non-identical copy is a separate document within the meaning
of this term.
4.

Information designated “CONFIDENTIAL” shall be information that is

confidential and implicates common law and statutory privacy interests. CONFIDENTIAL
information shall not be disclosed or used for any purpose except the preparation for and
trial of this case. Such a designation shall only be assigned to information after the
designating attorney has reviewed such information and determined in good faith that the
subject information is worthy of designation as CONFIDENTIAL.
5.

CONFIDENTIAL documents, materials, and/or information (collectively

“CONFIDENTIAL information”) shall not, without the consent of the party producing it or
further Order of the Court, be disclosed except that such information may be disclosed to:
(a)

attorneys actively working on this case;

(b)

persons regularly employed or associated with the attorneys actively
working on the case whose assistance is required by said attorneys
in the preparation for trial, at trial, or at other proceedings in this case;

(c)

the parties;

(d)

expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for preparation,
2

trial or other proceedings in this case;
(e)

the Court and its employees (“Court Personnel”);

(f)

stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;

(g)
(h)
6.

deponents, witnesses, or potential witnesses; and
other persons by written agreement of the parties.

Prior to disclosing any CONFIDENTIAL information to any person listed

above (other than counsel, persons employed by counsel, Court Personnel and
stenographic reporters), counsel shall provide such person with a copy of this Protective
Order and obtain from such person a written acknowledgment stating that he or she has
read this Protective Order and agrees to be bound by its provisions.

All such

acknowledgments shall be retained by counsel and shall be subject to in camera review by
the Court if good cause for review is demonstrated by opposing counsel.
7.

Documents are designated as CONFIDENTIAL by placing or affixing on them

(in a manner that will not interfere with their legibility) the following or other appropriate
notice: “CONFIDENTIAL.”
8.

Whenever a deposition involves the disclosure of CONFIDENTIAL

information, the deposition or portions thereof shall be designated as CONFIDENTIAL and
shall be subject to the provisions of this Protective Order. Such designation shall be made
on the record during the deposition whenever possible, but a party may designate portions
of depositions as CONFIDENTIAL after transcription, provided written notice of the
designation is promptly given to all counsel of record within thirty (30) days after notice by
the court reporter of the completion of the transcript.
3

9.

A party may object to the designation of particular CONFIDENTIAL

information by giving written notice to the party designating the disputed information. The
written notice shall identify the information to which the objection is made. If the parties
cannot resolve the objection within ten (10) business days after the time the notice is
received, it shall be the obligation of the party designating the information as
CONFIDENTIAL to file an appropriate motion requesting that the Court determine whether
the disputed information should be subject to the terms of this Protective Order. If such a
motion is timely filed, the disputed information shall be treated as CONFIDENTIAL under
the terms of this Protective Order until the Court rules on the motion. If the designating
party fails to file such a motion within the prescribed time, the disputed information shall
lose its designation as CONFIDENTIAL and shall not thereafter be treated as
CONFIDENTIAL in accordance with this Protective Order. In connection with a motion filed
under this provision, the party designating the information as CONFIDENTIAL shall bear
the burden of establishing that good cause exists for the disputed information to be treated
as CONFIDENTIAL.
10.

At the conclusion of this case, unless other arrangements are agreed upon,

each document and all copies thereof which have been designated as CONFIDENTIAL
shall be returned to the party that designated it CONFIDENTIAL, or the parties may elect
to destroy CONFIDENTIAL documents.

Where the parties agree to destroy

CONFIDENTIAL documents, the destroying party shall provide all parties with an affidavit
confirming the destruction.
11.

Although the parties do not anticipate the need to do so, the parties agree to

comply with D.C.Colo.LCivR 7.2 and 7.3 regarding motions to seal and procedures for non4

electronic filing of papers and documents under seal.
12.

This Protective Order may be modified by the Court at any time for good

cause shown following notice to all parties and an opportunity for them to be heard.
DATED this 24th day of February, 2015, in Denver, Colorado.

BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

5