Witt v. Virtuoso Sourcing Group, LLC

Filing 22

PROTECTIVE ORDER entered by Magistrate Judge Boyd N. Boland on 9/17/14. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01975-RM-BNB
DEBORAH WITT,
Plaintiff
v.
VIRTUOSO SOURCING GROUP, LLC, a Colorado limited liability company,
Defendant.

PROTECTIVE ORDER

Pursuant to stipulation of the parties and in accordance with the provisions of
Fed.R.Civ.P. 26(c),
IT IS HEREBY ORDERED THAT:
1.

Confidential information shall be designated by stamping

“CONFIDENTIAL” on the copies of the document produced. Stamping
“CONFIDENTIAL” on the cover of any multipage document shall designate all pages of the
document as Confidential Material, unless otherwise stated by the producing party. In the case
of deposition testimony, a party may request at the time a question is asked, or at the end of
the deposition, that any portion of the deposition transcript be designated confidential. A
party may designate any portion of a deposition as “CONFIDENTIAL” after transcription of
the deposition, provided that 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.

2.

Information shall be designated “CONFIDENTIAL” only after counsel for the

party making the designation has reviewed, or heard, the information and believes, in good
faith, that the information is confidential or otherwise entitled to protection.
3.

The confidential information discussed in ¶1 above, and all tangible embodiments

thereof, all copies thereof, the substance thereof, and all information contained therein
(hereinafter collectively referred to as “Confidential Material”):
(a)

shall not be disclosed or distributed by counsel, or any other person receiving,

viewing or hearing the Confidential Material (“Receiving Person”) to any person other than to
(1) counsel for either party as identified in ¶8 below, (2) insurance carriers for either party, (3)
partners, employees and agents of counsel for either party, (4) any consulting or testifying
experts hired by counsel for either party, who are assisting counsel in preparation of this
action for trial (subject to ¶3(c) below), (5) the Court and its employees, and (6) Plaintiff
(“Plaintiff”) and Defendant (the “Defendant”), its officers, directors and employees;
(b)

shall be filed with the Court, should filing be desired or required, in accordance

with D.C.Colo.LCivR 7.2; and,
(c)

shall not be disclosed to any consulting or testifying expert unless the

party making the disclosure follows the provisions of ¶5 of this Protective Order.
3A.

Any request to restrict access must comply with the requirements of

D.C.COLO.LCivR 7.2.
4.

By agreeing to the limited disclosure permitted under this Protective

Order, no party waives its claim that Confidential Material is confidential. All parties agree
that a disclosure in accordance with this Protective Order does not constitute a waiver of a
party’s claim or position that the information so disclosed is confidential. All parties agree that
no party will contend that the failure to mark a particular document “CONFIDENTIAL” or to
designate any portion or a deposition as “CONFIDENTIAL” constitutes a waiver of the other
party’s position, if any, that a document or a portion of a deposition contains Confidential
Material, unless the party seeking to assert waiver first notifies the other party in writing of its

2

intention to claim waiver and gives the other party three (3) business days within which to
designate as confidential the document or portion or deposition transcript at issue.
5.

Before disclosing any Confidential Material to any consulting or testifying

expert, counsel for the disclosing party or parties shall have the consulting or testifying expert
read this Protective Order and shall explain the contents of this Protective Order to that person.
The consulting or testifying expert shall agree to be bound to the terms of this Protective
Order and shall execute a declaration identical to Exhibit “1” attached hereto.
6.

During any deposition or at any hearing, Confidential Material may be disclosed

to any deponent or witness. Before that disclosure is made, the disclosing party shall advise
the deponent or witness (as well as counsel, if any, representing the deponent or witness) that
the information about to be disclosed is subject to this Protective Order and that any further
disclosure of the Confidential Material by the deponent or witness (or by his or her
counsel) shall constitute a violation of the Protective Order.
7.

Before trial, the parties will address the method for protecting the confidentiality

of the Confidential Material during trial.
8.

In accordance with this Protective Order, counsel for the parties are:
A. In the case of Plaintiff: David M. Larson, Esq.
B. In the case of Defendant: Irvin A. Borenstein, Esq.

It is the responsibility of the attorneys whose signatures appear below to ensure that
their partners, employees and agents who may have access to Confidential Information shall be
apprised of, and adhere to, this Protective Order.
9.

A party may object to the designation of particular Confidential Material 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, the party
designating the information as CONFIDENTIAL shall have the obligation 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.

The termination of proceedings in this action shall not relieve any person to

whom Confidential Material was disclosed from the obligation of maintaining the
confidentiality of such material in accordance with the provisions of this Protective
Orde
r.
11.

Upon final termination of this action, including any appeal, each party shall

assemble and shall destroy all items designated as Confidential Material by the other party in
accordance with the Colorado Rules of Professional Conduct.
12.

This Protective Order shall be without prejudice to the right of the parties: a) to

bring before the Court at any time the question of whether any particular document or
information is Confidential Material or whether its use should be restricted; or, b) to present a
motion to the Court under Fed.R.Civ.P. Rule 26(c) for a separate protective order as to any
particular document or information, including restriction differing from those as specified
herein.
13.

This Protective Order shall not be deemed to prejudice the parties in any way

from making future application to this Court for modification of this Order.
14.

This Protective Order is entered solely for the purpose of facilitating the

exchange of documents and information between the parties to this action without
unnecessarily involving the Court in the process. Nothing in this Protective Order, nor the
production of any information or document under the terms of this Protective Order, nor any
proceeding pursuant to this Protective Order shall be deemed to be an admission or waiver by
either party, or to be an alteration of the confidentiality or non- confidentiality or the
discoverability or non-discoverability or the admissibility or inadmissibility of any such
document or information, or to be an alteration of any existing obligation of any party or the
absence of any such obligation.
15.

The existence of this Protective Order, including the fact that it was

entered into by the parties shall not be admissible at trial of the present action, nor shall it be

admissible in any other court, administrative agency or tribunal for any party, with the
exception of a proceeding to enforce or interpret the terms of this Protective Order.
16.

To the extent that any discovery is taken from any person who is not a party to

this action (“Third Party”), and in the event such Third Party contends the discovery sought
involves Confidential Material, then such Third Party may agree to execute and be bound by
this Protective Order.
Dated September 17, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

ACCEPTED AND APPROVED AS TO FORM:

s/ David M. Larson
s/ Irvin A. Borenstein
David M. Larson, Esq.
Irvin A. Borenstein, Esq.
88 Inverness Circle East, Suite E-102
Silverman / Borenstein, PLLC
Englewood, Colorado 80112
13111 E Briarwood Avenue, Suite 340
Telephone: [phone]
Centennial, CO 80112
Attorney for the Plaintiff
Telephone: [phone]
Attorney(s) for the Defendant