Richards v. Corrections Corporation of America
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 2/17/15. ORDERED that when filing restricted documents, parties MUST fully comply with the requirements of D.C.ColoL.CivR. 7.2. (cbssec)
Case 1:14-cv-02493-WJM-CBS Document 25-1 Filed 02/12/15 USDC Colorado Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02493-CBS WJM-CBS
CORRECTIONS CORPORATION OF AMERICA, KIT
CARSON CORRECTIONAL CENTER,
STIPULATED PROTECTIVE ORDER
CONCERNING CONFIDENTIAL INFORMATION
The parties, by and through their respective counsel, stipulate to the entry of this
protective order concerning confidential information as follows:
Purpose: The parties anticipate that during the course of this litigation, they will
disclose or produce documents, testimony, and other information that contains proprietary,
confidential, or personal information not publicly available, or and that implicates a privilege or
legitimate privacy interest. The court enters this order to allow the parties to produce such
confidential information while preserving it from unauthorized or unnecessary disclosure.
Scope: This protective order applies to all documents, materials, information, and
deposition testimony marked “CONFIDENTIAL” by a party that a party provides or discloses to
an opposing party during this litigation.
Case 1:14-cv-02493-WJM-CBS Document 25-1 Filed 02/12/15 USDC Colorado Page 2 of 4
Documents: Fed.R.Civ.P. 34 (a) (1) (A) provides the definition of “document” in
this order. A draft or non-identical copy is a separate document within the meaning of this term.
information, and testimony a party provides or discloses during this litigation that is marked or
designated “CONFIDENTIAL” and is proprietary, confidential, and not publicly available, or
that implicates a privilege or legitimate privacy interest.
Lawyer Review: Documents a party intends to mark “CONFIDENTIAL” must
first be reviewed by a lawyer for the party who will certify the “CONFIDENTIAL” designation
is based on a good faith belief the information in the documents is confidential or otherwise
entitled to protection.
Restrictions: Confidential information must not be disclosed or used for any
purpose except the preparation and trial of this case.
Exceptions: Confidential information must not be disclosed without the consent
of the party producing it or further order of the court, except such information may be disclosed
(a) attorneys working on this case;
(b) persons regularly employed or associated with the attorneys working on the
case whose assistance is required by said attorneys to prepare for trial, at trial, or at other
proceedings in this case;
(c) the parties and designated representatives for the corporate defendant;
(d) expert witnesses and consultants retained in connection with this case, to the
extent such disclosure is necessary for preparation, trial, or other proceedings in this case;
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(e) the court and its employees;
(f) stenographic reporters 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.
Parties' Own Documents: This order will not affect any party's right to permit
material that it designated as “CONFIDENTIAL” to be revealed to, discussed with, viewed by,
or disclosed to anyone that it wishes.
Confidential Designation: Documents are designated confidential by clearly and
conspicuously placing or affixing on them the word “CONFIDENTIAL,” or other appropriate
notice, in a manner that will not interfere with their legibility.
Testimony: Whenever a deposition involves the disclosure of information a
party regards as confidential, such party shall designate the information confidential 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 30 days after notice by the court reporter of the
completion of the transcript.
Objections: 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 business days after the time the notice is received, then within 30
days of the date on the notice, it shall be the obligation of the party designating the information
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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 information 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.
Conclusion of Action: Within 30 days of the final conclusion of this case, unless
other arrangements are agreed upon, all confidential information shall be destroyed or returned to
the party who produced it. In the event a party elects to return confidential information to the
opposing party, the returning party may request in writing that the returned documents be
maintained and not destroyed for up to three years from the final disposition of the case, and the
opposing party shall maintain the documents accordingly. A party who destroys the confidential
information produced to it must notify the producing party in writing of the manner and date of
Modification: 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.
this 17th day
UNITED STATES MAGISTRATE JUDGE
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