Electronic Payment Systems, LLC v. Electronic Payment Solutions of America, Inc. et al

Filing 36

STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 2/23/2015. (mdave )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02624-MEH
ELECTRONIC PAYMENT SYSTEMS, LLC,
Plaintiff,
v.
ELECTRONIC PAYMENT SOLUTIONS OF AMERICA, INC.,
JAY WIGDORE,
MICHAEL ABDELMESSH, a/k/a Michael Stewart,
FIRST PAY SYSTEMS LLC,
RICHARD KUHLMANN,
FIRST PAY SOLUTIONS, LLC,
FIRST DATA CORPORATION, and
WELLS FARGO BANK N.A.,
Defendants.

STIPULATED ORDER REGARDING CONFIDENTIALITY OF CERTAIN
DISCOVERY MATERIAL PROVIDED IN RESPONSE TO PLAINTIFF’S LIMITED
DISCOVERY REQUESTS TO DEFENDANT FIRST PAY SOLUTIONS, LLC
______________________________________________________________________________
Whereas, the parties have stipulated that certain discovery material (“the Material”)
provided in response to Plaintiff, Electronic Payment Systems, LLC’s (“Plaintiff”) Limited
Discovery Requests to Defendant First Pay Solutions, LLC, (“First Pay Solutions”) be treated as
Attorney Eyes Only (“AEO”) and that certain provisions of FED. R. EVID. 502 be incorporated in
an order;
Accordingly, it is this ORDERED:
1.

Designation of Material as Attorney Eyes Only.

This Order shall apply only to the

portions of First Pay Solutions’ Answers to Plaintiff’s Limited Discovery Requests
Interrogatories Nos. 2 and 3 that First Pay Solutions has designated as AEO. Specifically, the

only portion of the Answers that First Pay Solutions has designated as AEO is the identification
of Merchants, as that term is defined in Plaintiff’s Limited Discovery Requests, which are
currently doing business with First Pay Solutions.
2.

The AEO Material may only be viewed by counsel of record (and staff employees at their

respective firms, strictly as necessary) and in-house counsel of Defendants Wells Fargo Bank,
N.A. and First Data Corporation (and staff/employees strictly as necessary) and may not be
disclosed to any third persons unless the document or information was known to the proposed
recipient before the litigation. The AEO Material shall not be filed with the Court unless
restricted/sealed, nor shall the contents of which be disclosed in unrestricted/unsealed pleadings
or open court proceedings. If counsel intends to make any such disclosure, counsel shall notify
counsel for First Pay Solutions in writing 10 days, or as soon as practicable, before the disclosure
is planned to take place.
3.

AEO Information Filed with Court. To the extent that any materials subject to this

Confidentiality Order (or any pleading, motion or memorandum disclosing them) are proposed to
be filed or are filed with the Court, those materials and papers, or any portion thereof which
discloses confidential information, shall be governed by the Local Rules of this Court.
4.

Return of AEO Material at Conclusion of Litigation. At the conclusion of the litigation,

the AEO Material that is the subject of this order shall be returned to the originating party or may
be destroyed instead of being returned.
5.

The protection of the AEO Material continues during and beyond the conclusion of this

matter; however, nothing in this order shall be construed to assert the jurisdiction of this Court in
this case once the case is closed.

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6.

This agreement does not limit a decision to later determine that certain documents and

information about that had been identified as confidential do not have to continue to be treated as
confidential.
IT IS SO ORDERED.
Dated at Denver, Colorado this 23rd day of February, 2015.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

Respectfully submitted,
/s/ Ruth Ann Azeredo
Ruth Ann Azeredo
Law Office of Ruth Ann Azeredo, LLC
1997 Annapolis Exchange Parkway, Suite 300
Annapolis, Maryland 21401
Tel. [phone]
Fax. [phone]
[e-mail]
Attorney for Defendant First Pay Solutions, LLC
/s/ Scotty P. Krob
Scotty P. Krob
KROB LAW OFFICE, LLC

`

8400 E. Prentice Avenue, Penthouse
Greenwood Village, CO 80111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Electronic Payment Systems, LLC
/s/Christopher T. Groen
Christopher T. Groen
FOX ROTHSCHILD LLP
1225 17th Street, Suite 2200
3

Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Defendants First Data Corporation
and Wells Fargo Bank, N.A.

/s/ Daniel W. Glasser
Daniel W. Glasser
CHIPMAN GLASSER, LLC
2000 South Colorado Blvd.
Tower One, Suite 7500
Denver, CO 80222
Telephone: [phone]
[e-mail]

and

/s/ Booker T. Evans, Jr.
Booker T. Evans, Jr.
Gallagher & Kennedy, P.A.
2575 East Camelback Road, Suite 1100
Phoenix, Arizona 85016
Telephone: [phone]
[e-mail]
Attorneys for Defendants Electronic Solutions of
American, Inc., Jay Wigdore and Michael
Abdelmesseh

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