Idrees v. StateServ Medical of Colorado, LLC

Filing 23

STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 1/13/2015. (mdave)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:14-cv-02734-MEH
ALI IDREES,
Plaintiff,
v.
STATESERV MEDICAL OF COLORADO, LLC,
Defendant.
STIPULATED PROTECTIVE ORDER

Upon a showing of good cause by Defendant StateServ Medical, LLC
(“StateServ” or “Defendant”) (improperly identified in the Complaint as “StateServ
Medical of Colorado, LLC”) in support of the entry of a protective order to protect the
discovery and dissemination of confidential information or information which will
improperly annoy, embarrass, or oppress any party, witness, or person providing
discovery in this case, IT IS HEREBY ORDERED:
1.
information,

This Protective Order shall apply to all documents, materials, and
including

without

limitation,

documents

produced,

answers

to

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 and designated as “CONFIDENTIAL” pursuant to the
terms of this Protective Order.

2.

As used in this Protective Order, the term “document” shall include,

without limitation, any electronic or hard copy emails, writings, drawings, graphs, charts,
photographs, phone records, and other data compilations from which information can be
obtained.

See 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 is

confidential and implicates common law or statutory privacy interests of current or former
employees (including Plaintiff Ali Idrees (“Plaintiff”), Defendant and representatives or
agents of Defendant, or any of the subsidiaries or affiliates of Defendant, including but
not limited to: personnel information concerning non-party, current and former employees
of Defendant; information concerning private personal matters not generally known to the
public, such as, but not limited to, tax returns and medical information; non-party
employee addresses and/or social security numbers; non-parties' employment and
compensation histories; non-parties’ protected health information; non-party employee
performance evaluations and termination files; information containing industry or
Defendant’s trade secrets information or proprietary processes; Defendant's proprietary
or non-public business information; information relating to Defendant’s confidential
investigations; information relating to Defendant's investment, business and operational
strategies, processes, plans and corporate structure, economic and market analyses,
marketing strategies, client/project lists, financial projections and cost information treated
or considered by Defendant, by policy or practice, to be confidential or proprietary.
CONFIDENTIAL information shall not be disclosed or used for any purpose except in the

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preparation and trial of this case (including any appeal) in accordance with this Protective
Order.
4.

CONFIDENTIAL documents, materials, and/or information (collectively

“CONFIDENTIAL information”) shall not, without the consent of the party producing it
and the consent of the party claiming confidentiality (if that party is different from the
producing party) or further Order of the Court, be disclosed or made available in any
way to any person other than:
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 or anyone retained by the parties

to participate in jury projects or focus groups, retained in connection with this
proceeding, to the extent such disclosure is necessary for depositions, 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)

witnesses in the course of deposition or trial testimony where

counsel has a reasonable and good faith belief that examination with respect to the
document is necessary in legitimate discovery or trial purposes in this case, and any

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person who is being prepared to testify where counsel has a reasonable and good faith
belief that such person will be a witness in this action and that his examination with
respect to the document is necessary in connection with such testimony; and
h)
5.

other persons by written agreement of all the parties.

Prior to disclosing any CONFIDENTIAL information to any person listed

above (other than the individuals listed in paragraphs 4(a) through 4(f)), counsel shall
provide such person with a copy of this Protective Order and obtain from such person a
written acknowledgment (in the form attached hereto as Exhibit A) stating that he or she
has read this Protective Order and agrees to be bound by its provisions. All such
acknowledgments 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.
6.

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.”

Any information designated by a party as

CONFIDENTIAL must first be reviewed by the party’s attorney who will certify that the
designation as CONFIDENTIAL is based on a good faith belief that the information is
CONFIDENTIAL or otherwise implicates common law or statutory privacy interests.
7.

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

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the designation is promptly given to all counsel of record within thirty (30) days after
receipt of notice from the court reporter of the completion of the transcript.
8.

Production of any document or materials without a designation of

confidentiality or an incorrect designation will not be deemed to waive a later claim as to
its proper designation nor will it prevent the producing party from designating said
documents or material "CONFIDENTIAL" at a later date.
9.

In the event that a non-party or another party produces documents that a

party wishes in good faith to designate as CONFIDENTIAL, the party wishing to make
that designation must do so within fifteen (15) days of receipt, and identify the
CONFIDENTIAL document(s) or CONFIDENTIAL information by bates label or, where
not bates labeled, by document title and page number(s). The non-designating parties
shall thereafter mark the document or information in the manner requested by the
designating party and thereafter treat the document or information in accordance with
such marking. However, any use by the non-designating parties made before a postproduction designation will not be a violation of this Protective Order, and the postproduction designation will apply prospectively only and will not apply to any disclosure
made prior to the designation, so long at the non-designating party notifies the
designating party of the prior disclosure and otherwise comes into conformance with the
new designation.
10.

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

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parties cannot resolve the objection within ten (10) 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 within thirty (30) days after the conclusion
of that 10-day window requesting that the Court determine whether the disputed
information should be subject to the terms of this Protective Order. If such a motion is
not timely filed, the disputed information shall not be treated as CONFIDENTIAL under
the terms of this Protective Order. If 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. 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.
11.

Without written permission from the party which has designated

CONFIDENTIAL information, or a Court Order secured after appropriate notice to all
interested persons, a party may not file in any public record any CONFIDENTIAL
information. Any filing of any such CONFIDENTIAL information in the United States
District Court for the District of Colorado shall be as Restricted Documents at Level 1
Restriction pursuant to the requirements of D.C.COLO.LCivR 7.2. All such materials so
filed shall be released from restricted access only pursuant to Court Order or the
provisions of D.C.COLO.LCivR 7.2(e). Any filing of Designated Material in any other
civil litigation, arbitration, or administrative proceeding shall be effected with access

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restricted at least at the same level of document security as provided by Level 1
Restriction in the District of Colorado.
12.

At the conclusion of this case, and any appeal, unless other arrangements

are agreed upon, 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
return CONFIDENTIAL documents, the returning party shall provide all parties a written
certification of counsel confirming that all CONFIDENTIAL documents have been
returned.

Where the parties agree to destroy CONFIDENTIAL documents, the

destroying party shall provide all parties with a written certification of counsel confirming
the destruction of all CONFIDENTIAL documents. This provision shall not preclude the
parties from maintaining for their records a secured electronic copy of any document
that is designated as CONFIDENTIAL in this case.
13.

The terms of this Protective Order shall survive the termination of this

action, and all protections of this Protective Order shall remain in full effect in perpetuity.
However, nothing in this Order shall be construed to confer jurisdiction on the Court
following the termination of this civil action.
14.

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.

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STIPULATED TO AND APPROVED AS TO FORM this 13th day of January, 2015.

/s/Sarah M. Stettner__________________
William C. Berger, #17721
Sarah M. Stettner, #38943
BROWNSTEIN HYATT FARBER SCHRECK, LLP
410 Seventeenth Street
Suite 2200
Denver, CO 80202-4432
Telephone: [phone]
Fax:
303-223-1111
Email:
[e-mail]
[e-mail]

/s/Karen Beth O’Connor______________
Karen Beth O’Connor, Esq.
BACHUS & SCHANKER, LLC
1899 Wynkoop Street, Ste. 700
Denver, Colorado 80202
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiff

Philip G. May, AZ Bar #009764
Devin Sreecharana, AZ Bar #029057
May, Potenza, Baran & Gillespie, P.C.
201 N. Central Ave., 22nd Floor
Phoenix, AZ 85004
Telephone: [phone]
Fax:
602-252-1114
Email:
[e-mail]
[e-mail]
Attorneys for Defendant

Dated at Denver, Colorado this 13th day of January, 2015.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

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EXHIBIT A
AGREEMENT CONCERNING CONFIDENTIAL MATERIAL SUBJECT TO THE
STIPULATED PROTECTIVE ORDER
I, the undersigned, hereby acknowledge I have read the Stipulated Protective
Order (the "Order") in Idrees v. StateServ Medical of Colorado, LLC, Civil Action No.
1:14-cv-02734-MEH, in the United States District Court for the District of Colorado. In
consideration of being permitted to review confidential information, as described in the
Order, I agree to comply, and be bound by, the terms set out therein.
I hereby submit myself to the jurisdiction of the United States District Court for
the District of Colorado for the purpose of enforcement of the Order.

_________________________________________
Full Name, Title

_______________________
Signature

_________
Date

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