Equal Employment Opportunity Commission v. Brookdale Senior Living Communities, Inc.

Filing 29

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 6/3/15. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02643-KMT
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
BROOKDALE SENIOR LIVING COMMUNITIES, INC.,
Defendant.

STIPULATED PROTECTIVE ORDER

This matter comes before the Court on the Parties’ Stipulated Motion for Entry of
Protective Order. The Court has reviewed that Motion. The Parties have shown good cause in
support of the entry of a protective order to protect the discovery and dissemination of
confidential information. Therefore, IT IS ORDERED:
1.

This Stipulated Protective Order (“Protective Order”) shall apply to all

information, documents, materials, and electronically-stored information and other materials
disclosed, produced, exchanged, or otherwise disseminated in this case, including without
limitation, documents produced, answers to interrogatories, responses to requests for admission,
deposition testimony, and other information disclosed, produced, or exchanged pursuant to the
disclosure or discovery duties created by the Federal Rules of Civil Procedure and the practice
standards of the judicial officer presiding over this case (collectively the “Information”).

2.

As used in this Protective Order, “document” is defined as provided in Fed. R.

Civ. P. 34(a). A draft or non-identical copy is a separate document within the meaning of this
term.
3.

Information designated “CONFIDENTIAL” shall be information that implicates

common law or statutory privacy and/or confidentiality interests such as: (a) personnel records
of current or former employees of Defendant; (b) Defendant’s trade secrets and commercial or
financial information that are either privileged or confidential; and (c) medical, financial, and
tax records of Bernadine I. Adams, Defendant’s employees, and any other witness in this case.
CONFIDENTIAL information shall not be disclosed or used for any purpose except for the
preparation and trial of this case.
4.

CONFIDENTIAL documents, materials, and/or information (collectively

“CONFIDENTIAL information”) shall not, without the consent of the Party producing it or
further Order of the Court, be disclosed, except that such information may be disclosed to:
(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 for trial, at trial, or at other proceedings in this case;

(c)

the parties and the designated representatives for the Parties;

(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 and its employees (“Court Personnel”);

(f)

stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;

(g)

deponents, witnesses, or potential witnesses to the extent that such
disclosure is necessary for preparation, trial, or other proceedings in this
cases; and

(h)
5.

other persons by written agreement of the Parties.

Prior to disclosing any CONFIDENTIAL information to any person listed above

(other than counsel, persons employed by counsel, Court Personnel, deponents, and stenographic
reporters), counsel shall provide such person with a copy of this Protective Order, explain the
person’s obligations under the Protective Order, and obtain the person’s agreement to comply
with the Protective Order.
6.

The producing Party may designate Information as CONFIDENTIAL by placing

or affixing on them (in a manner that will not interfere with their legibility) the following or
other appropriate notice on every page containing CONFIDENTIAL information:
“CONFIDENTIAL.”
7.

Before any Information is designated “CONFIDENTIAL,” counsel of record for

the designating Party must first review the Information and make a determination, in good faith,
that it is confidential or otherwise entitled to protection pursuant to this Protective Order and
under Fed. R. Civ. P. 26(c).
8.

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 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 of the designation is promptly
given to all counsel of record within thirty (30) calendar days after notice by the court reporter of
the completion of the transcript. The designating Party shall direct the court reporter to affix the
appropriate confidentiality stamp to any portion of the original transcript, and to that portion of
all copies of the transcript.
9.

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 (10) business days after the time the notice is received, it shall be the
obligation of the Party designating the information as CONFIDENTIAL to follow the procedures
within the Scheduling Order in effect at the time of the deposition governing discovery disputes
and to file an appropriate motion within thirty (30) calendar days after the notice is received,
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 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.

10.

In the event additional parties join or are joined in this action, or additional or

different counsel enter an appearance, they shall also be subject to the terms of this Protective
Order.
11.

This Protective Order shall not prohibit the use of CONFIDENTIAL information

in depositions, pleadings, motions, at trial, or in post-trial motions or proceedings, provided that
the uses are related to the prosecution or defense of this case. If a Party files with the Court any
Information that has been marked “CONFIDENTIAL,” the Party agrees to file such
CONFIDENTIAL information as a restricted document pursuant to D.C.COLO.LCivR 7.2(e). In
the event a restricted document has been filed with the Court, the Party that designated the
restricted document as CONFIDENTIAL information shall bear the right and obligation to file a
motion to under D.C. COLO.LCivR 7.2(c) to restrict access to all or a portion of the
CONFIDENTIAL information.
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 at Denver, Colorado, this 3rd day of June, 2015.
BY THE COURT:

Kathleen M. Tafoya
United States Magistrate Judge

APPROVED:

/s/ D. Andrew Winston

/s/ Erin A. Webber

Senior Trial Attorney
Equal Employment Opportunity Commission
Denver Field Office
303 E. 17th Avenue, Suite 410
Denver, CO 80203
Telephone: [phone]
E-Mail: [e-mail]

Littler Mendelson, P.C.
1900 Sixteenth Street, Suite 800
Denver, CO 80202
Telephone: [phone]
E-Mail: [e-mail]

Attorney for Plaintiff

Attorneys for Defendant