Powers et al v. FMNow LLC et al
Filing
48
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 6/8/15. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-CV-03006-KMT
WILLIAM POWERS
MAP MANAGEMENT LLC, AND
BLACK WIDOW LLC,
PLAINTIFFS,
v.
EMCON ASSOCIATES, INC.,
MICHAEL COCUZZA,
MICHAEL MICHOWSKI, AND
DEFENDANTS.
PROTECTIVE ORDER
Upon a showing of good cause in support of the entry of this Protective Order to protect
the discovery and dissemination of confidential information, 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 as “CONFIDENTIAL” shall be information that is
confidential and implicates proprietary and privacy interests, including without limitation pricing
information, other sensitive business information, financial information, contractual obligations,
and information that is protected by statutory or common law privilege. CONFIDENTIAL
information shall not be disclosed or used for any purpose except the preparation and trial of this
case.
4.
Any information designated as CONFIDENTIAL must first be reviewed by an
attorney who will certify that the designation is based on a good faith belief that the information
is entitled to such protection.
5.
CONFIDENTIAL documents, materials, and/or information (collectively,
“CONFIDENTIAL INFORMATION” ) shall not, without the consent of the party producing it or
further Order of this 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;
(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; and
(h)
other persons by written agreement of the parties.
6.
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.
7.
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.”
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 designations 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 notice by the court reporter
of the completion 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 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 requesting that this 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.
At the conclusion of this case, unless other arrangement is 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 destroy CONFIDENTIAL documents,
the destroying party shall provide all parties with an affidavit confirming their destruction.
11.
This Protective Order may be modified by this Court at any time for good cause
shown, following notice to all parties and an opportunity for them to be heard.
Dated this 8th day of June 2015.
BY THE COURT:
____________________________________
KATHLEEN M. TAFOYA
UNITED STATES MAGISTRATE JUDGE
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