Madison Park Townhouses Homeowners Association v. Country Mutual Insurance Company
PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 3/3/2015. (mdave )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01915-MEH
MADISON PARK TOWNHOUSES HOMEOWNERS ASSOCIATION, a Colorado Nonprofit
COUNTRY MUTUAL INSURANCE COMPANY, an Illinois Corporation,
Michael E. Hegarty, United States Magistrate Judge.
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.
This Protective Order shall apply to all documents, materials produced by Country
Mutual in response to Plaintiff’s Requests for Production of Documents Nos. 1, 3, 12, 13 and 14 and
the Confidential Information contained therein (CMIC_2692 - 4831). 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 or deposition testimony.
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.
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 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:
attorneys actively working on this case;
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;
expert witnesses and consultants retained in connection with this proceeding,
to the extent such disclosure is necessary for preparation, trial or other
proceedings in this case;
the Court and its employees (“Court Personnel”);
stenographic reporters who are engaged in proceedings necessarily incident
to the conduct of this action;
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.
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:
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.
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.
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.
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 non-electronic filing
of papers and documents under seal.
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 and entered at Denver, Colorado this 3rd day of March, 2015.
BY THE COURT:
Michael E. Hegarty
United States Magistrate Judge
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