Brockhouse v. Boulder Community Hospital
STIPULATED PROTECTIVE ORDER, by Magistrate Judge Kathleen M. Tafoya on 5/27/15. (morti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02168-PAB-KMT
BOULDER COMMUNITY HOSPITAL.
STIPULATED PROTECTIVE ORDER
Upon a showing of good cause in support of the entry of a Protective Order 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,
IT IS ORDERED:
1. This Protective Order shall apply to all documents, materials, and information,
including without limitation, documents produced, answers 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.
2. 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.
3. Information designated " CONFIDENTIAL" shall be information that is confidential
and implicates common law and statutory privacy interests of current or former employees of
Boulder Community Hospital or any of it’s affiliates. CONFIDENTIAL information shall not be
disclosed or used for any purpose except the preparation and trial of this case.
4. 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, including
designated representatives for the entity defendant; (d) 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; (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) deponents, witnesses, or potential witnesses; and(h) other persons by written
agreement of the parties.
5. Any information designated by a party as confidential must first be reviewed by a
lawyer who will certify that the designation as CONFIDENTIAL is based on a good faith belief
that the information is truly confidential or otherwise entitled to protection.
6. 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 in the form attached hereto as Exhibit A, 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: "
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.
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. 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 at Denver, Colorado, this 27th day of May, 2015.
BY THE COURT:
Hon. Kathleen M. Tafoya
United States Magistrate Judge
/s Jennifer Robinson
Robinson & Associates Law Office, LLC
3300 S. Parker Rd., Suite 330
Aurora, CO 80014
Telephone: (303) 872-3063
Attorney for Plaintiff
/s Michael W. Schreiner
Michael W. Schreiner
Caplan and Earnest LLC
1800 Broadway, Suite 200
Boulder, CO 80302
Telephone: (303) 443-8010
Attorney for Defendant
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