Seidman v. American Family Mutual Insurance Company

Filing 34

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 7/15/15. (sgrim)

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IN THE TINITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil ActionLNo, l:14-cv-03193-WYD LAWRENCE IDMAN Plaintiff \/ AMERICAN MILY MUTUAL INSURANCE COMPANY Defendant STIPULATED PROTECTIVE ORDER Pursuant the stipulation of the parties, IT IS ORDIIRED: Defendant American Family Mutual insur Company will produce certain documents, stamped CONFIDENTIAIL and containing bates bels beginning with privileged, confi and use ofsuch l. Co Confidential Documents_000001, which it consid.ers ial, proprietary, competitively sensitive and trade secret. The production nts in this case will be conducted oursuant to the followins: for defendant must review documents and certify that the desisnation as ..CONFIDE}{TI L" is based on a good faith belief that the information is confidential or otherwise enti Defendant. Irt is (hereinafter lefe 2. Dc,cu disclosed or used to protection. All such documents shall be stamped "CONFIDENTIAL" by that the documents so designated are subiect to this Protective Order to as "documents"). ts, materials and/or information desisnated "CONFIDENTIAL" shall not be any purpose except the preparation and trial of this case. 3. A part may object to the designation of parlicular "CONFIDENTIAL" information giving written ice to the party designating the disputed information within ten (10) business days of receipt by' the document. The written notice shall identifi'the information to wnrich tht: objection is If the parties cannot resolve the objection within ten (10) business the time the noti is received, as "CONFID IAL" to file the disputed info is timely filed, it shall diays after be the obligation of ttre party designating the infornation an appropriate motion requesting that the court determine vrhether ion should be subiect to the terms of this Protective Order. If such a motionL disputed information shall be treated as "CONFIDENTIAL" under the terrLs of this Protectiv Order until the Couft rules on the motion. If the designating party fails to file such a motlon wl in the prescribed time, the disputed infonnation shall lose its designation asr ..CONFIDE]\TI L" and shall not therea.fter be treated as "CONFIDENTIAL" in accordance with this Protecti Order. In connectiorr with a motion filed under this provision, the party designating the i formation as "CONFIDTENTIAL" shall bear the burden of establishins t.hat sood cause exis for the disputed information to be treated as "CONFIDENTIAL." and his counsel agree that the documents and the information obtained from I not be released to any other person or entity for any purpose, with the documents tthe exceotion ofan i dividual certified by Plaintiff s counsel as employed by or assisting c,cunsel in preparation for at the trial of this action or a person who ir; expressly retained by Plaintiff or his counsel fbr pupose of testifying or giving opinions in this litigation, including Plaintiflls insurance claims xperl, but only to the extent necessary for such person to perform his or her assigned tasks in ion with this litisation. for Plaintiff shall first obtain a written agreement from each individual, identified under ragraph 4 of this Protective Order, who will review any or all of the documents or re ve information therefiom that they agree to hold all such documents in to the terms and conditions set forth in Exhibit A, including that the confidence and individual will reproduce the documents, transfer the documents or divulge information obtained t to any other entity or person for any purpose. The written agreement shall be hereto as Exhibif A. in the form 6. nn the vent of a deposition of a non-party or aparty, or one of its present or fotmer officers, direct employees, agents, or an independent expert retained for purposes of this litigation, it is that any confidential documents or inf,ormation obtained therefrom is deposition shall remain confidential and shall not be used or distributed for confidential and than in connection with this litisation. any purpose o 7. At the Defendant, li I documents plus provided to any destroy the con provided to any ll copies or reproductions of any kind made from the documents including those: assisting with the case pursuant to paragraph I documents, but 4. The parties may elect to in such case, counsel for Plaintiff shall furnish signed, assisting with the case pursuant to paLragraph 4 have been destroyed. uest to restrict access rnust comply with th.e requirements 8. Arry D.C.COLO.LCi of R.1.2. uction of such documents or information bv the oarties shall not constitute a 9. The anLy Booker I P.C., within 30 days of the conclusion of this case, the originLal to counsel for Deferrdant that all confid.ential documents includins those written confi waiver of nclusion of the action, counsel for Plaintiff will return to counsel for pr ilege, or claim or right of withholding, or confidentiality. 10. This ective Order survives this case for the purpose of enforcement. Approved as to form: __/s/_Daniel G. Kay__________________ Daniel G. Kay Daniel G. Kay, P.C. 318 East Pikes Peak Ave. Colorado Springs, CO 80903-1912 Telephone: 719-635-3611 Fax: 719-635-5544 E-Mail: dankaypc@qwestoffice.net Attorney for Plaintiff, Lawrence Seidman /s/ Jacquelyn S. Booker Jacquelyn S. Booker 26 W. Dry Creek Cir., Suite 375 Littleton, CO 80120 Telephone: (303) 730-6204 Fax: (303) 730-6208 E-Mail: jbooker@suttonbooker.com Attorney for Defendant, American Family Mutual Insurance Company July 15, 2015 Date: ____________________ BY THE COURT: ________________________________ Kathleen M. Tafoya United States Magistrate Judge 1 Lawrence Sediman v. American Family Mutual Insurance Company No. 1:14-cv-03193-WYD COMMITMENT OF QUALIFIED PERSON PURSUANT TO CONFIDENTIALITY AGREEMENT My full name is: ________________________________________________________________ My address is: _________________________________________________________________ My present employer is: __________________________________________________________ My present occupation or job description is: __________________________________________ I hereby affirm that: 1. I have received or reviewed documents stamped CONFIDENTIAL and containing the bates label “Confidential Documents.” I will not reproduce or transfer any of the documents I reviewed or received. 2. I have received and read a copy of the Stipulated Protective Order entered in the action entitled Lawrence Seidman v. American Family Mutual Insurance Company, Case Number: No. 1:14-cv-03193-WYD. 3. I understand the terms thereof and agree to be bound thereby. I will not disclose any information from the documents to persons not identified in paragraphs 3 and 4 of the Confidentiality Agreement. I will use any such information only with respect to this case; 4. I will return all documents that come into my possession and all documents or things which I have prepared which contain such information to any attorney representing the party that has employed or retained me; and 5. I am aware that a violation of such an agreement may result in civil liability. I submit to the jurisdiction of this Court for the purposes of enforcement of the Confidentiality Agreement. DATED this ____ day of __________, 2015. By: Exhibit A

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