Stith v. Aetna Health and Life Insurance Company
Filing
35
STIPULATION AND PROTECTIVE ORDER, by Judge Richard P. Matsch on 5/6/15. (ktera)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CIVIL ACTION NO. 1:14-cv-02335-RPM
WILLIAM STITH,
Plaintiff,
v.
AETNA LIFE INSURANCE COMPANY,
Defendant.
STIPULATION AND PROTECTIVE ORDER
Each Party and each Counsel of Record stipulate and move this Court for a Protective
Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the
treatment of Confidential Information (as hereinafter defined), and, as grounds therefore, state as
follows:
1.
In this action, at least one of the Parties has sought and/or is seeking Confidential
Information (as defined in paragraph 2 below). The Parties assert the disclosure of such
information outside the scope of this litigation could result in significant injury to one or more of
the Parties’ business or privacy interests. The Parties have entered into this Stipulation and
request this Court enter the within Protective Order for the purpose of preventing the disclosure
and use of Confidential Information except as set forth herein.
2.
“Confidential Information” means any document, file, portions of files, agreement,
contract, or response to a discovery request – not made available to the public – and designated by
one of the Parties in the manner provided in paragraph 3 below as containing proprietary,
confidential, private, and/or financial information about business operations, procedures, or
monetary arrangements or payments. This includes information about contracts with other
businesses and individuals and information about their relationships and terms of agreement.
This also includes information about financial arrangements and payments made to other
businesses and individuals.
3.
Where Confidential Information is produced, provided or otherwise disclosed by a
Party in response to any discovery request, it will be designated in the following manner:
a.
By imprinting the word “Confidential” on the first page or cover of any
document produced; and
b.
By imprinting the
word
“Confidential”
next
to
or above
any response to a discovery request.
4.
All Confidential Information provided by a Party in response to a discovery
request shall be subject to the following restrictions:
a.
It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever;
b.
It shall not be communicated or disclosed by any Party’s counsel or a Party
in any manner, either directly or indirectly, to anyone except for purposes
of this case.
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5.
Individuals authorized to review Confidential Information pursuant to this
Protective Order shall hold Confidential Information in confidence and shall not divulge the
Confidential Information, either verbally or in writing, to any other person, entity or government
agency unless authorized to do so by court order.
6.
The Party’s counsel who discloses Confidential Information shall be responsible
for assuring compliance with the terms of this Protective Order with respect to persons to whom
such Confidential Information is disclosed.
7.
No copies of Confidential Information shall be made except by or on behalf of
counsel in this litigation and such copies shall be made and used solely for purposes of this
litigation.
8.
During the pendency of this litigation, counsel shall retain custody of Confidential
Information, and copies made therefrom pursuant to paragraph 7 above.
9.
If opposing counsel objects to the designation of certain information as Confidential
Information, he or she shall promptly inform the other party’s counsel in writing of the specific
grounds of objection to the designation. All counsel shall then, in good faith and on an informal
basis, attempt to resolve such dispute. If after such good faith attempt, all counsel are unable to
resolve their dispute, opposing counsel may move for a disclosure order consistent with this
order. Any motion for disclosure shall be filed within 14 days of receipt by counsel of notice of
opposing counsel's objection, and the information shall continue to have Confidential Information
status from the time it is produced until the ruling by the Court on the motion.
10.
Use of Confidential Information in Court Proceedings: In the event Confidential
Information is used in any court filing or proceeding in this action, including but not limited to its
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use at trial, it shall not lose its confidential status as between the parties through such use.
Confidential Information and pleadings or briefs quoting or discussing Confidential Information
will not be accepted for filing “under seal” or otherwise kept out of the public record in this
action, however, except by court order issued upon motion of the party seeking to file the
documents under seal. Any motion requesting leave to file documents under seal shall comply
with the requirements of D.C.COLO.LCivR 7.2 and demonstrate that the Confidential
Information at issue is entitled to protection under the standards articulated in Nixon v. Warner
Communications, Inc., 435 U.S. 589, 598-602 (1978)(applied in United States v. Hickey, 767 F.2d
705, 708 (10th Cir. 1985) and Crystal Grower’s Corp. v. Dobbins, 616 F.2d 458, 461 (10th Cir.
1980)).
11.
The termination of this action shall not relieve counsel or other persons obligated
hereunder from their responsibility to maintain the confidentiality of Confidential Information
pursuant to this Protective Order, and the Court shall retain continuing jurisdiction to enforce the
terms of this Protective Order.
12.
By agreeing to the entry of this Protective Order, the Parties adopt no position as
to the authenticity or admissibility of documents produced subject to it.
13.
Upon termination of this litigation, including any appeals, each Party’s counsel
shall immediately return to the producing party all Confidential Information provided subject to
this Protective Order copies made therefrom.
14.
Nothing in this Protective Order shall preclude any Party from filing a motion
seeking further or different protection from the Court under Rule 26(c) of the Federal Rules
of Civil Procedure, or from filing a motion with respect to the manner in which Confidential
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Information shall be treated at trial.
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Dated at Denver, Colorado, this 6th day of May, 2015.
BY THE COURT:
s/Richard P. Matsch
UNITED STATES DISTRICT COURT
JUDGE
STIPULATED AND AGREED TO:
s/ Shawn E. McDermott
Shawn E. McDermott
MCDERMOTT LAW, LLC
2300 15th Street, Suite 200
Denver, CO 80202
(303) 964‐1800
Attorney for Plaintiff
s/ Franz Hardy
Franz Hardy, Esq.
Nicole Salamander Irby, Esq.
Christine M. Kroupa, Esq.
GORDON & REES, LLP
555 Seventeenth Street, Suite 3400
Denver, CO 80202
(303) 534‐5160
Attorneys for Defendant
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