Alarid v. MacLean Power, LLC et al

Filing 43

PROTECTIVE ORDER, by Magistrate Judge Kathleen M. Tafoya on 5/26/2015. (agarc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03125-PAB-KMT
LORRAINE ALARID,
Plaintiff,
v.
MACLEAN POWER, LLC d/b/a FORESIGHT PRODUCTS, a Delaware Corporation; EDWINA
HURTADO, individually; and JOSE ALVARADO, individually,
Defendants.
PROTECTIVE ORDER

The Court hereby enters the following Protective Order pursuant to Rule 26(c) of the
Federal Rules of Civil Procedure concerning the treatment of Confidential Information (as
hereinafter defined):
1.

In this action, at least one of the Parties has sought and/or is seeking Confidential

Information (as defined in paragraph 2 below). The Parties also anticipate seeking additional
Confidential Information during discovery and that there will be questioning concerning
Confidential Information in the course of depositions. The Parties assert the disclosure of such
information outside the scope of this litigation could result in significant injury to one or more of
the Parties’ business or privacy interests. The Parties have entered into this Stipulation and
request the Court enter the within Protective Order for the purpose of preventing the disclosure
and use of Confidential Information except as set forth herein.
2.

“Confidential Information” means any document, file, portions of files,

transcribed testimony, or response to a discovery request, including any extract, abstract, chart,
summary, note, or copy made therefrom - not made available to the public as containing:
medical records and personnel files.
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3.

All medical records will be treated by the Parties as confidential without the need

to designate them as confidential.
4.

Where Confidential Information is discussed or otherwise disclosed by a Party in

response to any discovery request, it will be designated in the following manner:
a.

By imprinting the word “Confidential” next to or above any response to a
discovery request; and

b.

With respect to transcribed testimony, by giving written notice to
opposing counsel designating such portions as “Confidential” no later
than ten calendar days after receipt of the transcribed testimony.

5.

All Confidential Information produced to a Party in response to a release for

medical records or provided by a Party in response to a discovery request or transcribed
testimony shall be subject to the following restrictions:
a.

It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever;

b.

It shall not be communicated or disclosed by any Party’s counsel or a
Party in any manner, either directly or indirectly, to anyone except for
purposes of this case.

6.

The Party’s counsel who discloses Confidential Information shall be responsible

for assuring compliance with the terms of this Protective Order with respect to persons to whom
such Confidential Information is disclosed.
7.

It is understood and agreed by the Parties that the Confidential Information may

be discussed with and between healthcare providers, the Parties, counsel for the Parties, and with
any experts retained for purposes of this litigation.
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8.

No copies of Confidential Information shall be made except by or on behalf of

counsel in this litigation and such copies shall be made and used solely for purposes of this
litigation.
9.

During the pendency of this litigation, counsel shall retain custody of

Confidential Information, and copies made therefrom pursuant to paragraph 8 above.
10.

If opposing counsel objects to the designation of certain information as

Confidential Information, he or she shall promptly inform the other parties’ counsel in writing of
the specific grounds of objection to the designation. All counsel shall then, in good faith and on
an informal basis, attempt to resolve such dispute. If after such good faith attempt, all counsel are
unable to resolve their dispute, opposing counsel may move for a disclosure order consistent with
this order. Any motion for disclosure shall be filed within 14 days of receipt by counsel of notice
of opposing counsel's objection, and the information shall continue to have Confidential
Information status from the time it is produced until the ruling by the Court on the motion.
11.

Use of Confidential Information in Court Proceedings: In the event Confidential

Information is used in any court filing or proceeding in this action, including but not limited to its
use at trial, it shall not lose its confidential status as between the parties through such use.
Confidential Information and pleadings or briefs quoting or discussing Confidential Information
will not be accepted for filing “under seal” or otherwise kept out of the public record in this
action, however, except by court order issued upon motion of the party seeking to file the
documents under seal. Any motion requesting leave to file documents under seal shall comply
with the requirements of D.C.COLO.LCivR 7.2 and demonstrate that the Confidential
Information at issue is entitled to protection under the standards articulated in Nixon v. Warner
Communications, Inc., 435 U.S. 589, 598-602 (1978)(applied in United States v. Hickey, 767
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F.2d 705, 708 (10th Cir. 1985) and Crystal Grower’s Corp. v. Dobbins, 616 F.2d 458, 461 (10th
Cir. 1980)).
12.

The termination of this action shall not relieve counsel or other persons obligated

hereunder from their responsibility to maintain the confidentiality of Confidential Information
pursuant to this Protective Order, and the Court shall retain continuing jurisdiction to enforce the
terms of this Protective Order.
13.

By agreeing to the entry of this Protective Order, the Parties adopt no position as

to the authenticity or admissibility of documents produced subject to it.
14.

Upon termination of this litigation, including any appeals, each Party’s counsel

shall immediately destroy all Confidential Information and all extracts, abstracts, charts,
summaries, notes or copies made therefrom in their possession.
15.

Nothing in this Protective Order shall preclude any Party from filing a motion

seeking further or different protection from the Court under Rule 26(c) of the Federal Rules of
Civil Procedure, or from filing a motion with respect to the manner in which Confidential
Information shall be treated at trial.
Dated at Denver, Colorado, this 26th day of May, 2015.

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EXHIBIT A
AFFIDAVIT
STATE OF COLORADO

)
) ss.
COUNTY OF _____________ )
__________________, swears or affirms and states under penalty of perjury:
1.
I have read the Protective Order in Alarid v. MacLean Power, LLC d/b/a Foresight
Products, Hurtado, and Alvarado, a copy of which is attached to this Affidavit.
2.
I have been informed by ____________, Esq., counsel for ________________,
that the materials described in the list attached to this Affidavit are Confidential Information as
defined in the Protective Order.
3.
I promise that I have not and will not divulge, or undertake to divulge to any
person or recording device any Confidential Information shown or told to me except as
authorized in the Protective Order. I will not use the Confidential Information for any purpose
other than this litigation.
4.
For the purposes of enforcing the terms of the Protective Order, I hereby submit
myself to the jurisdiction of the court in the civil action referenced above.
5.

I will abide by the terms of the Protective Order.

(Signature)

(Print or Type Name)
Address:

Telephone No.: (

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) ___________________

SUBSCRIBED AND SWORN to before me this _____ day of _____________, 20___,
by _____________________.
WITNESS my hand and official seal.

Notary Public
[S E A L]
My Commission Expires:

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