Fairway 16 Heatherridge Association, The v. American Family Mutual Insurance Company
PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 8/31/15. (bsimm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-CV-02717-WJM-NYW
THE FAIRWAY 16 HEATHERRIDGE ASSOCIATION
AMERICAN FAMILY MUTUAL INSURANCE COMPANY
WHEREAS, the Court finds good cause for entry of an order to protect the
discovery and dissemination of confidential information and information that would
annoy, embarrass, or oppress parties, witnesses, and persons providing discovery in
this civil action,
IT IS ACCORDINGLY ORDERED THAT:
This Protective Order shall apply to all documents, materials, and
interrogatories, responses to requests for admission, deposition testimony, and other
information disclosed pursuant to the disclosure or discovery duties created by the
Federal Rules of Civil Procedure.
As used in this Protective Order, “document” is defined as provided in
Fed. R. Civ. P. 34(a)(1)(A). A draft or non-identical copy is a separate document within
meaning of this term.
Information designated as “CONFIDENTIAL” shall be information that is
confidential and implicates: (a) the proprietary, confidential, competitively sensitive
and/or trade secret information of American Family Mutual Insurance Company and/or
its related entities; or (b) any individual’s common law or statutory privacy interests.
Prior to information being designated as “CONFIDENTIAL,” it shall be reviewed by an
attorney of record, who satisfies himself or herself pursuant to Fed. R. Civ. P. 26(g) that
there is a good faith basis in law and fact that such information meets the criteria for
No party shall designate any document “CONFIDENTIAL” that has been
admitted into evidence at any trial or hearing, unless the Court; (a) restricts public
access to the document and/or closed the hearing/trial to the public; or (b) any motion to
do so is pending.
Documents, materials, and/or information designated “CONFIDENTIAL”
(collectively “CONFIDENTIAL information”) shall not be disclosed or used for any
purpose except the preparation and trial of this case.
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, including designated representatives for Defendant;
(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 or witnesses during the course of any examination; and
(h) 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 and
stenographic reporters), counsel shall provide such person with a copy of this Protective
Order and obtain from such person a written acknowledgement stating that he or she
has read this Protective Order and agrees to be bound by its provisions. All such
acknowledgements shall be retained by counsel and shall be subject to in camera
review by the Court if good cause for review is demonstrated by opposing counsel.
Documents are designated as CONFIDENTIAL by placing or affixing on
them (in a manner that will not interfere with their legibility) the following or other
appropriate notice: “CONFIDENTIAL.”
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 within thirty-five (35) days after notice by
the court reporter of the completion of the transcript.
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 file an appropriate motion consistent with D.C.COLO.LCIVR 7.2
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
The designation of the information by one or more Parties or non-parties
as “CONFIDENTIAL” does not require the court to restrict the such information and/or
documents on the court docket. All requests to restrict information and/or documents
must be made pursuant to D.C.COLO.LCivR 7.2.
At the conclusion of this case, unless other arrangements are agreed
upon mutually by the parties, each document and all copies thereof which have been
designated as CONFIDENTIAL shall be returned to the party that designated it
CONFIDENTIAL, or the parties may elect to destroy CONFIDENTIAL documents.
Where the parties agree to destroy CONFIDENTIAL documents, the destroying party
shall provide all parties with an affidavit confirming the destruction.
This Protective Order also governs the use of videotaped depositions
obtained during this litigation. The parties and their counsel to this case are prohibited
from publicly disseminating any deposition videotape obtained by any party during this
case or otherwise use such videotape deposition or depositions for any purpose outside
of this litigation except by further Order of Court.
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 this 31st day of August, 2015.
BY THE COURT:
s/Nina Y. Wang
United States Magistrate Judge
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