Zapko et al v. HCA - HealthONE, LLC

Filing 29

STIPULATED PROTECTIVE ORDER. By Magistrate Judge Michael E. Hegarty on 2/19/2015. (tscha, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 14-cv-02891-RM-MEH
RONALD ZAPKO, and
JOHN TOWERY,
Plaintiffs,
v.
HCA-HEALTHONE, LLC d/b/a ROSE MEDICAL CENTER,
Defendant.

STIPULATED PROTECTIVE ORDER

The parties, by and through their respective counsel, hereby agree to the following
Stipulated Protective Order and request that it be entered as an Order of the Court.
Upon a showing of good cause in support of the entry of a protective order to protect the
disclosure and discovery of confidential information in this case, IT IS ORDERED:
1.

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

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.
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” may be information in which a party

has a statutory, regulatory, or common law right of privacy or protection against dissemination or
disclosure, specifically including but not limited to medical information and personnel
information. Nothing in this order is intended to waive any argument that information
designated as confidential, including but not limited to medical or records of disability, is not
confidential information nor prevent a party from taking a position or advancing an argument
that confidentiality of any record has been waived by placing that information into issue by
claims or defenses raised in this case.
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, including designated representatives including insurance and/or selfinsurance representatives for the entity parties or parties sued in their official
capacity;

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”);
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f.

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

g.

deponents and witnesses who have been disclosed pursuant to Fed. R. Civ. P. 26;
and

h.

other persons by written agreement of the parties.

4.

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 acknowledgment 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.
5.

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.”
6.

Counsel for the party producing any information that will be designated

CONFIDENTIAL shall review the information and, prior to designating such information
CONFIDENTIAL, shall certify that the designation as CONFIDENTIAL is based on a good
faith belief that the information is in fact confidential or otherwise entitled to protection.
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
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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) days after notice by the court reporter of the
completion of the transcript.
8.

A party may object to the designation or lack of designation of particular

CONFIDENTIAL information by giving written notice within 30 days of the designation of
confidentiality or service of documents lacking such designation or as to depositions within 30
days of service of the transcript of the deposition 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 twenty (20) 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
CONFIDENTIAL.

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9.

At the conclusion of this case, unless other arrangements are agreed upon, each

document and all copies thereof which have been designated as CONFIDENTIAL shall retain
their designation of confidentiality. This Protective Order may be modified by the Court for
good cause shown following notice to all parties and an opportunity for them to be heard.
ORDERED this 19th day of February, 2015.
BY THE COURT
/s Michael E. Hegarty____
Michael E. Hegarty
United States Magistrate Judge

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