AMCO Insurance Company v. Paragon LP

Filing 35

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 10/19/15. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:14-cv-03105-RM-CBS
AMCO INSURANCE COMPANY, an Iowa corporation,
Plaintiff,
v.
PARAGON LP, a Colorado Limited Partnership,
Defendant.
______________________________________________________________________
STIPULATED PROTECTIVE ORDER
______________________________________________________________________
The parties stipulate to the following 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 and to protect the confidential information of third
parties that may be produced by the parties to this action, IT IS ORDERED:
1.

This Protective Order shall apply to all documents, materials, and inform-

ation, 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: (a) the proprietary, confidential, competitively sensitive
and/or trade secret information of a client; (b) any individual’s common law or statutory
privacy For purposes of this Order, this information shall be referred to as
"CONFIDENTIAL Information.” CONFIDENTIAL information shall not be disclosed or
used for any purpose except the preparation and trial of this case.
4.

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 work-

ing 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 their designated representatives;

(d)

expert witnesses and consultants retained in connection with this proceed-

ing, 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.
-2-

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."
7.

Prior to disclosing any information considered CONFIDENTIAL 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 i
n
c amer review by the Court if good cause for review is demonstrated by opposing
a
counsel.
8.

In the event that CONFIDENTIAL Information is inadvertently produced

without designating such documents or information CONFIDENTIAL, the party claiming
confidentiality

shall

properly

designate

such

documents

or

information

as

CONFIDENTIAL, and the other party shall be bound by such designations pursuant to
the terms of this Protective Order, but shall not be deemed to be in breach of this
Protective Order by reason of any use or disclosure of such CONFIDENTIAL
information that occurred prior to notification of the correct designation. Inadvertent
production of such documents or information in this case without designation as
CONFIDENTIAL shall not be deemed a waiver, in whole or in part, of a party’s claim to
confidentiality of such documents or information, either as to the specific information
-3-

disclosed or as to any other information relating to the subject matter of the information
disclosed.
9.

Whenever a deposition involves the disclosure of CONFIDENTIAL inform-

ation, 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 of record within thirty (30) days after
notice by the court reporter of the completion of the transcript.
10.

A party may object to the designation of particular information as

CONFIDENTIAL 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 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
-4-

information as CONFIDENTIAL shall bear the burden of establishing that good cause
exists for the disputed information to be treated as CONFIDENTIAL.
11.

If any party or person subject to this Protective Order receives a court

order, subpoena, or other process demanding production of information designed as
CONFIDENTIAL, that person or party shall immediately notify the attorneys of the
designating party of the document sought by the subpoena or other process or order,
shall furnish those attorneys of record with a copy of the subpoena or other process or
order, and shall not interfere with respect to any procedure sought to be pursued by the
designating party whose interests may be affected. The designating party shall have the
burden of defending against the subpoena, process, or order. After such notice and the
passage of at least forty-eight (48) hours or designated time for production, whichever is
greater, the party served with the order, subpoena or other process shall comply with
his or her legal obligation to produce such documents, except to the extent the
designating party has filed for or succeeded in obtaining an order modifying, staying, or
quashing the order, subpoena or other process.
12.

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 be returned to the party that designated it CONFIDENTIAL, or the
parties may elect to destroy documents designated as CONFIDENTIAL. Where the
parties agree to destroy such documents, the destroying party shall provide all parties
with an affidavit confirming the destruction. Documents designated as CONFIDENTIAL

-5-

may not thereafter be used or disclosed by any party, expert, consultant, or attorney in
any other case or for any purpose unrelated to this case.
13.

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.
The above and foregoing is approved and entered as an Order of this Court on
19th
this ____ day of October, 2015.
_______________________________
Craig B. Shaffer
United States Magistrate Judge

-6-

Respectfully submitted this 13th day of October, 2015,
s / hrs t L ee Roc k
C ia
Christa Lee Rock
GORDON & REES LLP
555 17th Street, Suite 3400
Denver, Colorado 80202
[phone]
[e-mail]

s / nd r M .P l nk t
A
ew
u et
Thomas J. Loucks
Andrew M. Plunkett
CHILDRESS DUFFY, LTD.
500 N. Dearborn Street, Suite 1200
Chicago, Illinois 60654
[phone]
[e-mail]
[e-mail]
[e-mail]

s /ac kD .Robi on
J
ns
Jack D. Robinson
Jeffrey A. Bollers
SPIES, POWERS & ROBINSON, P.C.
1660 Lincoln St., Suite 2220
Denver, CO 80264
[e-mail]
[e-mail]

s / are E .D r e
M i
ak
Marie E. Drake
Angela M. Schmitz
THE DRAKE LAW FIRM, P.C.
1600 Jackson Street, Suite 340
Golden, Colorado 80401
[e-mail]
[e-mail]

Attorneys for Plaintiff
AMCO Insurance Company

Attorneys for Defendant
Paragon LP

1109219/25043475v.1

-7-