Aldrich v. Industrial Cooling Solutions et al
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 2/11/15. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03206-CMA-KMT
INDUSTRIAL COOLING SOLUTIONS, a corporation; and
TIM BOZIC, an individual
STIPULATED PROTECTIVE ORDER
Pursuant to Fed. R. Civ. P. 26(c), upon a showing of good cause in support of the
entry of a 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, IT IS ORDERED:
This Stipulated 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
As used in this Stipulated 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.
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law and statutory privacy interests of: (a) Plaintiff
Mark Aldrich; (b) Defendant Industrial Cooling Solutions; and (c) Defendant Tim Bozic,
including confidential, proprietary, trade secret, financial, or personal information.
information designated by a party as CONFIDENTIAL must first be reviewed by a lawyer
who will certify that the designation as CONFIDENTIAL is based on a good faith belief that
the information “is confidential or otherwise entitled to protection.” Gillard v. Boulder
Valley Sch. Dist., 196 F.R.D. 382, 386 (D. Colo. 2000). CONFIDENTIAL information shall
not be disclosed or used for any purpose except the preparation and trial of this case.
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
the parties’ attorneys that are actively working on this case;
persons regularly employed or associated with the parties’ attorneys
that are actively working on the case whose assistance is required
by said attorneys in the preparation of the case, at trial, or at other
proceedings in this case;
the parties, including designated representatives for the Plaintiff and
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;
the Court and its employees (“Court Personnel”);
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;
deponents, witnesses, or potential witnesses; and
other persons by written agreement of the parties.
Prior to disclosing any CONFIDENTIAL information to any person listed
above (other than the parties’ counsel, persons employed by the parties’ counsel, Court
Personnel, and stenographic reporters), counsel shall provide such person with a copy of this
Stipulated Protective Order and obtain from such person a written acknowledgment stating
that he or she has read this Stipulated Protective Order and agrees to be bound by its
A copy of the written acknowledgment is attached hereto.
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.
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—SUBJECT TO PROTECTIVE ORDER.”
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 Stipulated 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 is
promptly given to all counsel of record within thirty (30) days after notice by the court
reporter of the completion of the transcript.
Whenever a party inadvertently fails to designate any information as
CONFIDENTIAL, that party may correct such failure by giving written notice to the other
party(ies). Upon such written notification, the corrected materials shall only be deemed
CONFIDENTIAL prospectively. Substitute copies of the corrected information shall be
appropriately marked and given to the other party(ies) as soon as they become available.
Within ten (10) days of receipt of the substitute copies, the party(ies) receiving the
CONFIDENTIAL information shall return the previously unmarked information or destroy
A party may object to the designation of particular CONFIDENTIAL
information by giving written notice to the party that designated 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 Stipulated Protective Order. If
such a motion is timely filed, the disputed information shall be treated as CONFIDENTIAL
under the terms of this Stipulated 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 Stipulated 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.
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 as 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 the
CONFIDENTIAL information is prohibited from using or disclosing said information for any
purpose whatsoever, except as necessary to assist in the conduct of this litigation.
Nothing in this Stipulated Protective Order shall require the disclosure of
information that is otherwise not subject to discovery, is privileged, or constitutes attorney
work product. Nothing in this Stipulated Protective Order shall prejudice any objections that
a party might have regarding the production of information. Nothing in this Stipulated
Protective Order shall be construed as an agreement that any CONFIDENTIAL information
shall be excluded from evidence.
Neither a party’s designation of information as CONFIDENTIAL under this
Stipulated Protective Order, nor a party’s failure to make or object to such designation, shall
be admissible in evidence as a party admission or otherwise to prove any fact relevant to any
claim or defense.
The restrictions on use of CONFIDENTIAL information set forth in this
Stipulated Protective Order shall survive the conclusion of this litigation.
This Stipulated 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.
Dated: February 11th, 2015.
By the Court:
Kathleen M. Tafoya
United States Magistrate Judge
I hereby acknowledge that I have been advised of the terms of the Stipulated Protective
Order entered in Mark Aldrich v. Industrial Cooling Solutions and Tim Bozic, Civil Action
No. 14-cv-03206-CMA-KMT, pending in the United States District Court for the District of
Colorado, have been provided with a copy of said Stipulated Protective Order, have read and
understand said Stipulated Protective Order, agree to be bound by and to comply with the terms
of said Stipulated Protective Order, and agree to submit to the jurisdiction of the United States
District Court for the District of Colorado for the purpose of enforcement of said Stipulated
Relationship to Lawsuit:_________________
s/ Matthew J. Cron
Matthew J. Cron
Siddhartha H. Rathod
Austin M. Cohen
Rathod Mohamedbhai LLC
2701 Lawrence Street, Suite 100
Denver, CO 80202
Phone: (303) 578-4400
s/ Adam A. Brown
Todd A. Fredrickson
Adam A. Brown
Fisher & Phillips LLP
1801 California Street, Suite 2700
Denver, Colorado 80202
Phone: (303) 218-3650
ATTORNEYS FOR DEFENDANTS
ATTORNEYS FOR PLAINTIFF
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