Bland v. Kaiser Foundation Health Plan of Colorado

Filing 37

STIPULATED PROTECTIVE ORDER. By Judge R. Brooke Jackson on 3/6/2015. (tscha, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 14-cv-02263-RBJ-BNB
LISA BLAND,
Plaintiff,
vs.
KAISER FOUNDATION HEALTH PLAN OF COLORADO,
Defendant.
STIPULATED PROTECTIVE ORDER
Under Rules 26(c) and 26(c)(7), FED. R. CIV. P., IT IS ORDERED:
1.

This Stipulated Protective Order shall apply to all documents, materials

and information, including without limitation, documents produced, answers to
interrogatories, responses to requests for admission, depositions and other
information disclosed pursuant to the disclosure or discovery duties created by the
Federal Rules of Civil Procedure.
2.

As used in this Stipulated Protective Order, “document” is defined as

provided in Rule 34(a), FED. R. CIV. P. A draft or non-identical copy is a separate
document within the meaning of this term.
3.

Confidential documents, materials, and information (collectively, the

“Confidential Information”) shall not be disclosed or used for any purpose except the
preparation and trial of this case. The duty to keep confidential information
confidential survives the completion of this case.

4.

Information designated “Confidential” shall be information that concerns

private financial, employment or medical information of Plaintiff Lisa Bland
(“Plaintiff”); or confidential business information about Defendant Kaiser Foundation
Health Plan of Colorado (“Defendant”), Defendant’s affiliates or subsidiaries, current
or former employees, patients, and agents, trade secrets or other confidential
research, or marketing, development or commercial information of Defendant. As a
condition of designating documents for confidential treatment, the documents must
be reviewed by a lawyer and a good faith determination must be made that the
documents are entitled to protection.
5.

A party designating documents as Confidential Information may do so

by marking such material with the legend "Confidential."
6.

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 Stipulated 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 is promptly given to all counsel of record within thirty (30)
days after notice by the court reporter of the completion of the transcript.
7.

The parties recognize but do not necessarily agree that Confidential

Information may include, but is not limited to, sensitive and non-public information
and records concerning compensation, employee duties and performance, employee
discipline and promotions, personnel decisions and other documents related to the

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Plaintiff’s employment with Defendant, and Defendant’s general business practices,
financial matters, information regarding patient/members and patient/member
relationships, and technical, strategic or other proprietary business information. All
Confidential Information designated “Confidential” may be reviewed only by the
following persons (subject to Paragraph 11 of this Order):
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 of the case, at trial, or at
other proceedings in this case;

c.

the parties, including Plaintiff and Defendant and Defendant’s
Board of Directors, officers, management, and any advisory
witnesses who are directly assisting said attorneys in the
preparation of this case;

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, jurors and/or court staff in any proceeding herein;

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.

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8.

Subject to Paragraph 11 of this Order, in no event shall a person or

entity that is a competitor (direct or indirect) of Defendant, or who may be involved in
any charge or claim against the Defendant, be allowed to view or receive any
information designated by Defendant as Confidential, absent Defendant’s written
consent or Order of the Court.
9.

Before the parties or their counsel may disclose any Confidential

Information to any persons contemplated by paragraph 7 of this Stipulated Protective
Order, such person shall be provided with a copy of the Stipulated Protective Order
and shall be advised that he or she shall be bound by its provisions. In the event
any counsel of record determines that persons other than those provided for in
Paragraph 7 above have a need to review any Confidential Information, written
authorization of the party who produced the Confidential Information must be
obtained in advance of such disclosure. Should the party who produced the
Confidential Information refuse such authorization, counsel may apply to the Court
for authorization.
10.

A party may object to the designation of particular Confidential

Information by giving written notice to the party that designated the disputed
information and all other parties to the civil action. 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 Information
to file an appropriate motion or to contact the Magistrate Judge’s chambers, as may

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be required by the Magistrate Judge’s Practice Standards before filing a motion,
within eleven (11) days of the end of the above-described ten-day period requesting
that the Court determine whether the disputed information should be subject to the
terms of this Stipulated Protective Order. If such a motion is timely filed or contact
with the Magistrate Judge’s chambers is timely made, the disputed information shall
be treated as Confidential Information under the terms of this Stipulated Protective
Order until the Court rules on the motion. If the designating party fails to file such a
motion or contact the Magistrate Judge’s chambers within the prescribed period, the
disputed information shall lose its designation as Confidential Information and shall
not thereafter be treated as Confidential Information in accordance with this
Stipulated Protective Order. In connection with a motion filed under this provision,
the party designating the information as Confidential Information shall bear the
burden of establishing that good cause exists for the disputed information to be
treated as Confidential Information.
11.

Any party that wishes to file Confidential Information with the Court

must move the Court to file such information under seal pursuant to
D.C.COLO.LCivR 7.2. Information filed with the Court will generally be available to
the public. Restriction of public access is appropriate for such things as Social
Security numbers, residential addresses and true trade secrets and may be
appropriate for other categories such as criminal histories and medical information,
but the parties shall consider and confer about the possibility of redacting documents
containing Confidential Information before filing such documents with the Court. If it

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is critical that the Court see the information, then the parties may request a narrow
order restricting public access and show good cause to support such a request.
12.

At the conclusion of this case, unless other arrangements are agreed

upon, each document and all copies thereof which have been designated as
Confidential Information shall be returned to the party that designated it Confidential
Information, or the parties may elect to destroy Confidential Information. Where the
parties agree to destroy Confidential Information, the destroying party shall provide
all parties with an affidavit confirming the destruction.
13.

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 this 6th day of March, 2015.
By the Court:

R. Brooke Jackson
United States District Judge

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So Stipulated:
s/ Robert M. Liechty
Robert M. Liechty
CROSS LIECHTY LANE PC
7100 E. Belleview Ave, Suite G-11
Greenwood Village, CO 80111
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]

s/Mark B. Wiletsky
Mark B. Wiletsky
HOLLAND & HART LLP
One Boulder Plaza
1800 Broadway, Suite 300
Boulder, Colorado 80302
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

ATTORNEYS FOR PLAINTIFF

ATTORNEYS FOR DEFENDANT

7534193_1

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