Khan v. Digital Globe, Inc.

Filing 19

STIPULATED PROTECTIVE ORDER. By Magistrate Judge Boyd N. Boland on 02/03/2015. (athom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:14-cv-02915-CMA-BNB

ABDUR KHAN,
Plaintiff,
v.
DIGITALGLOBE, INC.,
Defendant.

STIPULATED PROTECTIVE ORDER

Upon a showing of good cause 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.

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 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.

“CONFIDENTIAL” information shall be information that is confidential, as

designated by a party, and that implicates common law or statutory privacy interests of current or
former employees (including Plaintiff), representatives, or agents of Defendant DigitalGlobe, Inc.
(“Defendant”), or any of the subsidiaries or affiliates of Defendant, including but not limited to:
personnel file information concerning Plaintiff and 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; Plaintiff’s and current or former employees’
addresses and/or social security numbers; Plaintiff’s and current or former employees’ non-public
employment and compensation histories; Plaintiff’s and current or former employees’
performance evaluations and termination files; information containing Defendant’s trade secrets
information or proprietary processes; Defendant’s proprietary or non-public business information;
information relating to Defendant’s confidential investigations; non-public 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 discovery, trial preparation, trial, and other proceedings in this case (including
any appeals) 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 used for any purpose other than this litigation.
5.

CONFIDENTIAL Information may, subject to the limitations set forth in Paragraph

6, be disclosed or made available to the following persons:
a)

attorneys actively working on this case;

b)

persons regularly employed or associated with the attorneys actively

working on the case;
c)

the parties, including designated representatives for Defendant and

Plaintiff’s spouse;
d)

expert witnesses, consultants retained in connection with this proceeding,

and the staff of such expert witnesses and consultants, to the extent the parties and their
counsel reasonably and in good faith deem such disclosure necessary for discovery, trial
preparation, trial or other proceedings in this case;
e)

the Court and its employees (“Court Personnel”);

f)

stenographic reporters who are engaged in proceedings incident to the

conduct of this action;
g)

witnesses or potential witnesses in the course of discovery, trial

preparation, or trial testimony where counsel has a reasonable and good faith belief that
examination with respect to the document may be necessary in legitimate discovery or
trial purposes in this case, and any person who is being prepared to testify where counsel
has a reasonable and good faith belief that such person may be a witness in this action and
that his examination with respect to the document may be necessary in connection with
such testimony; and

h)

other persons by written agreement of all the parties.

9.

Prior to disclosing any CONFIDENTIAL information to any person listed

above (other than the individuals listed in paragraphs 5(a) through 5(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.
10.

Documents are designated as CONFIDENTIAL by placing or affixing on

such documents (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.
11.

Whenever a deposition involves the disclosure of CONFIDENTIAL

information, the party asserting the confidentiality of such information shall designate the
information as CONFIDENTIAL, and it 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) days after receipt of notice from
the court reporter of the completion of the transcript. It shall not be a violation of this
agreement if information is disclosed prior to such written notification provided the

information has not previously been marked CONFIDENTIAL and neither party has
indicated its intent to designate the information CONFIDENTIAL, either on the record at
a deposition or by communication with counsel.
12.

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.
13.

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 party 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 post-production
designation will not be a violation of this Protective Order, and the post-production
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.
14.

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) 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.
15.

Any request to restrict public access to materials designated as

CONFIDENTIAL pursuant to this Protective Order must comply with the requirements of
D.C.COLO.LCivR 7.2.
16.

At the conclusion of this case (which shall include any appeals), 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 produced the
document, 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 the other party 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.
17.

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.
18.

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 February 3, 2015.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

STIPULATED TO AND APPROVED AS TO FORM this 2nd day of February, 2015.

s/Sarah M. Stettner
Lisa Hogan, #14132
Sarah M. Stettner, #38943
Lauren A. Blevins, #47731
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]
[e-mail]
Attorneys for DigitalGlobe, Inc.

s/Diane Smith King
Diane Smith King, Esq.
Hunter Anthony Swain, Esq.
King and Greisen, LLP
1670 York Street
Denver, Colorado 80206
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff

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 Khan v. DigitalGlobe, Inc., Civil Action No. 1:14-cv-02915-CMA-BNB,
in the United States District Court for the District of Colorado. In consideration of being
permitted to review CONFIDENTIAL information, as that term is defined 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