Carrion et al v. American Standard Insurance Company of Wisconsin et al

Filing 27

PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 12/16/14. ORDERED that when filing restricted documents, parties MUST fully comply with the requirements of D.C.ColoL.CivR. 7.2. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-CV-02530-WJM-CBS
VALENTINA CARRION and ARMANDO CARRION,
Plaintiffs,
v.
AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, A MEMBER OF
THE AMERICAN FAMILY INSURANCE GROUP, DBA AMERICAN FAMILY
INSURANCE
Defendants.
______________________________________________________________________
STIPULATED MOTION FOR PROTECTIVE ORDER
______________________________________________________________________
The Parties, by and through their respective counsel, stipulate and agree to the
entry of the following protective order and move the Court to approve and order the
protection sought herein as follows:
Defendant requests an order protecting the confidentiality of certain documents,
materials and other information that may be disclosed to Plaintiffs in this case.
Defendant agrees that the “Confidential” materials may be used in this litigation but
assert that “Confidential” materials contain and are defined as containing proprietary,
confidential, completely sensitive and/or trade secret information. Defendant has
requested that this Court enter an order to protect the confidentiality of documents.
Rule 26(c) F. R. C. P. provides that upon motion by a party and for good cause
shown a court may make any order which justice requires to protect a party. When

4816-7464-3731.1

determining whether good cause exists for issuance of a protective order in a particular
case, the trial court must balance the competing interests that would be served by
granting or denying discovery, including a party's need for the information against the
injury which might result from unrestricted disclosure. Here, the interests of both parties
can be served by issuing a protective order to protect the confidentiality of materials while
at the same time allowing the Plaintiffs access to the materials for use in this litigation.
THE COURT HEREBY ORDERS:
That the Stipulated Motion for Protective Order is granted. Defendant is ordered
to mark any materials it asserts to be “Confidential” prior to production to Plaintiffs. In
marking such materials as “Confidential”, the designating party asserts that it has a
good faith factual and legal basis for asserting a privilege or exemption from public
disclosure, and that counsel of record for the designating party has made a bona fide
determination that the document is in fact “Confidential” as that term is defined above.
The burden of proving that “Confidential” material has been properly designated as
“Confidential” is on the party designating the material, and nothing in this Protective
Order shall in any manner alter or shift the burdens of production and persuasion as
they apply to the assertion of privileges or exemptions from public disclosure or any
claim or affirmative defense in this matter. If Plaintiffs disagree with the designation of
material as “Confidential”, Plaintiffs shall notify Defendant in writing. If, after appropriate
conferral, the parties cannot resolve the disagreement, Defendant agrees to contact the
Court to set a hearing within 14 days from the date of conferral to seek a determination
of the issue.

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It is further ordered that this protective order will cover all other internal documents
produced by Defendant that Defendant asserts contain “Confidential” material. All such
documents designated by Defendant as “Confidential” will be covered by this protective
order. However, this Protective Order will expressly not include any documents that are
publicly available, that Plaintiffs obtain from means other than through disclosure by or
discovery from Defendant in this case. If Plaintiffs object to Defendant’s designation of
documents, testimony or other materials or information as “Confidential”, Plaintiffs will
continue to treat any such “Confidential” documents as subject to this Protective Order
until such time as the Court issues a final determination that the document is or is not
protected pursuant to the Protective Order.
In the case of a deposition or oral examination, counsel for the producing party
may, during the deposition, designate on the record that testimony involving
“Confidential” material be held as “Confidential,” and the entire deposition transcript will
be treated as “Confidential” until counsel for the producing party receives a transcript of
the deposition and designates specific page and line portions of the testimony. In the
event the producing party’s counsel during the deposition does not designate on the
record that testimony involving “Confidential” material be held as “Confidential,” the
producing party does not waive its right to designate the deposition testimony or any
parts thereof as “Confidential” upon receipt of the deposition transcript. After receipt of
the final deposition transcript, the producing party shall identify by page and line the
portion of the material that the producing party intends to designate as “Confidential” in
a written letter served to all counsel of record within 30 days after the producing party’s
receipt of the written deposition transcript from the court reporter. Only the portions of

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the deposition transcript designated by the producing party during this time period shall
remain “Confidential.”

THE COURT FURTHER ORDERS:
1.

That Plaintiffs and their attorneys protect the documents from disclosure,

dissemination and publication to anyone except the Court and all Court personnel, the
named parties in this case, retained attorneys in this case, and such personnel and staff
of counsel, including Plaintiffs’ experts, and witnesses and the jury in this case at trial as
is necessary for the conduct of this case only;
2.

That the documents may not be used for any purpose other than the

prosecution or defense of this action.
3.

Plaintiffs assert that, notwithstanding the terms of this protective order,

Plaintiffs' counsel should be permitted to retain the materials for use in future litigation
against Defendant, subject to continuing jurisdiction of this Court for the enforcement of
this order. Although these terms are not a part of this protective order, Plaintiffs reserve
the right to seek future modification of this order to incorporate such terms. Defendant
does not object to Plaintiffs request to reserve the right to seek future modification of
this order, although Defendant reserves its right to object to such modification.
4.

That other than the Court and Court Personnel, no copies, duplications or

reproductions of “Confidential” documents shall be provided to any of the individuals in
paragraph 1 above without first obtaining a signed Agreement of Confidentiality (Appendix

4816-7464-3731.1

A) from such person, agreeing to hold all such materials in confidence and agreeing to the
terms and conditions set forth in this Protective Order;
5.

If any “Confidential” material is filed with this Court, including any pleading

incorporating “Confidential” material, the portion of such filing containing “Confidential”
material shall be filed in a sealed envelope on which the following legend shall
prominently appear:
Valentina Carrion and Armando Carrion v. American Standard Insurance
Co. of Wisconsin
U.S. District Court for the District of Colorado
Civil Action No. 14-CV-02530-WJM-CBS
CONFIDENTIAL - This envelope contains documents or other
material filed by the parties in this matter. It shall not be opened nor
the contents thereof displayed or revealed except by the Order of
this Court.
Such filing shall be made in accordance with the provisions of D.C.Colo.LCivR 7.2. The
filing party shall identify the confidential business, financial, proprietary, and/or
commercially sensitive interests of the party or non-parties sought to be protected and
request that the Court restrict public access to CONFIDENTIAL MATERIAL to “Level 1
Access” (limited to the parties and the Court) pursuant to D.C.Colo.LCivR 7.2(b).
Nothing in this Protective Order shall control the use of exhibits or testimony at
trial. If either party wishes to obtain an Order closing the Court to the public or sealing
the trial record, a motion seeking such shall be filed no later than thirty (30) days before
trial.
All writings submitted to or filed with the Court in connection with any pre-trial
proceeding that contain, set forth, summarize or otherwise disclose “Confidential”
material shall be filed under motion to restrict public access pursuant to D.C.Colo.LCivR

4816-7464-3731.1

7.2, and such documents shall not be publicly available, except by further order of this
Court.
6.

Within 90 days after the final disposition of this lawsuit, by settlement, trial

or appeal, counsel for the parties shall deliver to counsel for the producing party written
confirmation that all “Confidential” material has been destroyed (except as noted in
paragraph 3 above).
It is the responsibility of any party receiving “Confidential” material to verify that
material provided by that party to any of the persons identified in paragraph 1 above,
has been destroyed.
7.

That this Protective Order survives this case for the purpose of

enforcement; and

8.

That 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.

Respectfully submitted this 8th day of December, 2014.

CAMPBELL LATIOLAIS & AVERBACH, LLC

TAUSSIG & TAUSSIG, P.C.

s/ Rebecca K. Wagner
______________________________
Rebecca K. Wagner, Esq.
825 Logan Street
Denver, CO 80203
[phone]

s/ Scott D. Smith
______________________________
Scott D. Smith, Esq.
5377 Manhattan Circle, Suite 203
Boulder, CO 80303
[phone]

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16th
SO ORDERED this ______ day of December, 2014 by:

____________________________________
Magistrate Schaffer
Craig B. Shaffer 
United States Magistrate Judge 

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Appendix A
Carrion v. American Family Mutual Insurance Company
United States District Court for the District of Colorado
Case Number: 14-CV-02530-WJM-CBS
AGREEMENT OF CONFIDENTIALITY
1.

My full name is: __________________________________________________

2.

My address is: ___________________________________________________

3.

My present employer is: ___________________________________________

4.

My present occupation or job description is: ____________________________

5.
I have received a copy of the Protective Order entered in this case. I have
carefully read and understand the provisions of the Protective Order. I will comply with
all of the provisions of the Protective Order.
6.
I will not disclose any documents covered by the Protective Order except to the
attorneys of record in this case and their staff. I will use any such information only with
respect to this case.
7.
I will return all documents covered by the Protective Order that come into my
possession and all documents or things which I have prepared which contain reference
to such information to any attorney representing the party that has employed or retained
me at the conclusion of this case.
8.
I submit to the jurisdiction of this Court for the purposes of enforcement of the
Protective Order.
DATED this ____ day of _______________ , 2015

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