Velez v. SCL Health-Front Range, Inc

Filing 17

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 9/22/14. ORDERED that the Unopposed 16 Motion for Protective Order is GRANTED. FURTHER ORDERED that when filing documents under seal parties MUST fully comply with the requirements of D.C.ColoL.CivR. 7.2 and D.C.COLO. ECF. PROC. 5.1. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 14-cv-2179-CBS
SUZY VELEZ
Plaintiff,
V.
SCL HEALTH-FRONT RANGE, INC.
Defendant

STIPULATED PROTECTIVE ORDER

The Court being advised of the agreement of the parties to the ently of this
Stipulated Protective Order, IT IS HEREBY ORDERED THAT:
WHEREAS, the parties have, through counsel, agreed to be bound by and
stipulated to the entry of this Stipulated Protective Order pursuant to Fed. R. Civ.P.
26(c) to prevent unnecessary disclosure or dissemination of confidential information;
and
IT IS HEREBY STIPULATED, AGREED AND ORDERED that the terms and
conditions of this Stipulated Protective Order shall govern initial disclosures, the
production and handling of documents and things, answers to interrogatories,
responses to requests for admissions, depositions, inspections, pleadings, exhibits and
other information exchanged by the parties, or received from non-parties, in this action:
1.

Counsel for any party may designate any document, information contained

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in a document, information revealed in an interrogatory response or information
revealed during a deposition as confidential if counsel determines, in good faith, that
such designation is necessary to protect the interests of the client. Information and
documents designated by a party as confidential ("Confidential Information") will be
stamped "Confidential."
2.

Unless ordered by the Court, or otherwise provided for herein, the

Confidential Information disclosed will be held and used by the person receiving such
information solely for use in connection with the above-captioned action.
3.

In the event that a party challenges another party's Confidential

designation, counsel shall make a good faith effort to resolve the dispute, and in the
absence of a resolution, the challenging party may thereafter seek resolution by the
Court. Nothing in this Protective Order constitutes an admission by any party that
Confidential Information disclosed in this case is relevant or admissible. Each party
specifically reserves the right to object to the use or admissibility of all Confidential
Information disclosed, in accordance with applicable law and Court rules.
4.

Information or documents designated as "Confidential" shall not be

disclosed to any person, except:
a.

The requesting party and counsel, including in-house
counsel;

b.

Employees of such counsel assigned to and necessary to assist in
the litigation;

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c.

Consultants or experts assisting in the prosecution or
defense of the matter, to the extent deemed necessary
by counsel;

d.

Any person from whom testimony is taken or is to be
taken in this action, except that such a person may only
be shown that Confidential Information during and in
preparation for his/her testimony and may not retain the
Confidential Information; and

e.

The Court, any clerk, stenographer, or other person
having access to any Confidential Information by virtue of
his or her position with the Court or the jury at trial or as
exhibits to motions.

5.

Prior to disclosing or displaying the Confidential Information to any person,

counsel shall:
a.

inform the person of the confidential nature of the
information or documents; and

b.

inform the person that this Court has enjoined the use of
the information or documents by him/her for any purpose
other than this litigation and has enjoined the disclosure
of that information or documents to any other person.

6.

The Confidential Information may be displayed to and discussed with

the persons identified in Paragraphs 4(c) and (d) only on the condition that prior to
any such display or discussion, each such person shall be asked to sign an
agreement to be bound by this Order in the form attached hereto as Exhibit A. In

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the event such person refuses to sign an agreement in the form attached as Exhibit
A, the party desiring to disclose the Confidential Information may seek appropriate
relief from the Court.
7.

The disclosure of a document or information without designating it as

"Confidential" shall not constitute a waiver of the right to designate such document or
information as Confidential Information provided that the material is designated
pursuant to the procedures set forth herein no later than that latter of fourteen (14) days
after the close of discovery or fourteen (14) days after the document or information's
production. If so designated, the document or information shall thenceforth be treated
as Confidential Information subject to all the terms of this Stipulation and Order.
8.

All information subject to confidential treatment in accordance with the

terms of this Stipulation and Order that is filed with the Court, and any pleadings,
motions or other papers filed with the Court disclosing any Confidential Information,
shall be filed under seal to the extent permitted by law (including without limitation any
applicable rules of court) and kept under seal until further order of the Court. To the
extent the Court requires any further act by the parties as a precondition to the filing of
documents under seal (beyond the submission of this Stipulation and Order Regarding
Confidential Information), it shall be the obligation of the producing party of the
documents to be filed with the Court to satisfy any such precondition. Where possible,
only confidential portions of filings with the Court shall be filed under seal.
9.

If any privileged or otherwise protected information is inadvertently

produced, the producing party may provide written notice to any other parties that such

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information has been inadvertently produced or disclosed. Within three (3) business
days of the receipt of such notice, each other party shall return to the producing party all
such information and copies thereof identified in the notice in its possession, custody, or
control and shall make reasonable efforts to reclaim and return any such information.
The party that has inadvertently produced or disclosed such information shall provide a
privilege log identifying the information returned to the producing party.
10.

At the conclusion of litigation, the Confidential Information and any copies

thereof shall be promptly (and in no event later than thirty (30) days after entry of final
judgment no longer subject to further appeal) returned to the producing party or certified
as destroyed, except that the parties' counsel shall be permitted to retain their working
files on the condition that those files will remain confidential.
The foregoing is without prejudice to the right of any party to apply to the Court
for any further Protective Order relating to confidential information; or to object to the
production of documents or information; or to apply to the Court for an order compelling
production of documents or information; or for modification of this Order. This Order
may be enforced by any party and any violation may result in the imposition of sanctions
by the Court.

DATED: this

22nd

September

day of

BY THE COURT
District Court Judge
Craig B. Shaffer 
United States Magistrate Judge 
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EXHIBIT A
DECLARATION REGARDING CONFIDENTIALITY

have been informed by counsel that certain
documents or information to be disclosed to me in connection with the above-captioned
matter have been designated as confidential. I have been informed that any such
documents or information labeled "Confidential" are confidential by Order of the Court.
I have received a copy of the STIPULATED PROTECTIVE ORDER, entered in
this case, and agree to be bound by its terms. I hereby agree that I will not disclose any
information contained in such documents to any other person. I further agree not to use
any such information for any purpose other than this litigation.

DATED:
By:
Signed in the presence of:

(Attorney)
(Print name)