Seidman v. American Family Mutual Insurance Company
Filing
34
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 7/15/15. (sgrim)
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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