Chapman v. RJM Acquisitions LLC

Filing 14

PROTECTIVE ORDER entered by Magistrate Judge Boyd N. Boland on 12/9/14. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02131-RM-BNB
ELEANOR CHAPMAN,
Plaintiff,
v.
RJM ACQUISITIONS, LLC, a New York 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.
3(b)

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 intention to claim
waiver and gives the other party three (3) business days within which to designate as confidential
2

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: James F. Parr, 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 Order.
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 nondiscoverability 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 December 9, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
ACCEPTED AND APPROVED AS TO FORM:

s/ David M. Larson
David M. Larson, Esq.
88 Inverness Circle East, Suite E-102
Englewood, Colorado 80112
Telephone: [phone]
Attorney for the Plaintiff

s/ James F. Parr
James F. Parr, Esq.
Lewis Brisbois Bisgaard & Smith, LLP
1700 Lincoln Street, Suite 4000
Denver, CO 80203
Telephone: [phone]
Attorney(s) for the Defendant

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02131-RM-BNB
ELEANOR CHAPMAN,
Plaintiff,
v.
RJM ACQUISITIONS, LLC, a New York limited liability company,
Defendant.

DECLARATION RE: PROTECTIVE ORDER WITH RESPECT TO
CONFIDENTIAL INFORMATION AND DOCUMENTS

I,_______________________________________________________ declare that:
1. My address is ____________________________________________________.
2. My present employer ______________________________________________.
3. My present occupation or job description is _____________________________.
4. I have read and know the contents of the Protective Order dated ____________.
5. I am one of the persons described in the Protective Order. I am executing this Declaration and
agreeing to be bound by its terms in order to satisfy the conditions provided in the Protective
Order prior to the disclosure to me of any Confidential Material under the Protective Order.
6. I have read and shall be fully bound by the terms of the aforesaid Protective
Order.
7. All documents and information which are described to me pursuant to the
Protective Order shall be maintained by me in strict confidence and I shall not disclose
or use the original or any copy of, or the subject of, such documents and/or information
except in accordance with the aforesaid Protective Order.
8. I shall not use or refer to any of the aforesaid documents and/or information, or
copies thereof, other than in connection with the above-entitled action and as provided
in the Protective Order.

9. I shall, upon being notified of the termination of the above-entitled action, return
all copies of such documents to counsel from whom I received such documents, and I
shall destroy any notes and/or memoranda I have regarding the aforesaid documents
and/or information.
10. I do and shall subject myself to the continuing jurisdiction of the above-captioned
Court over my person, wherever I shall be, for the enforcement of the aforesaid
Protective Order.
11. I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.
DATED:___________________________
BY:_______________________________