Butt et al v. Wright Medical Technology, Inc.

Filing 25

STIPULATED CONFIDENTIALITY PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 4/30/2015. (mdave, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03208-WJM-MEH
JUDITH BUTT, and
DONALD BUTT,
Plaintiffs,
v.
WRIGHT MEDICAL TECHNOLOGY, INC.,
Defendant.

STIPULATED CONFIDENTIALITY PROTECTIVE ORDER

IT IS HEREBY ORDERED as follows:
1.

Documents produced by Wright Medical Technology, Inc. (hereafter

“Defendant” or “WMT”) during discovery in the above captioned litigation (the “Action”) may
contain confidential internal investigations, research, development, and other confidential
commercial information. These documents and materials which contain confidential information
are hereafter referred to as “Protected Documents.” Except as otherwise indicated below, all
documents produced by WMT which WMT designates as “CONFIDENTIAL” shall be Protected
Documents and shall be given confidential treatment as described below, unless and until the
Court rules that the information contained in those documents is not confidential.
2.

Protected Documents and the material contained therein shall not be used or

shown, disseminated, copied, or in any way communicated to anyone other than those persons
specified in paragraph 3 herein, for any purpose whatsoever other than as required for the
preparation for and/or trial of the Action.

3.

Plaintiffs, or their representatives, may show Protected Documents to, and discuss

the contents thereof with, only the following persons (hereinafter referred to as “Qualified
Persons”):
A.
B.

Employees or agents of such counsel assigned to assist such counsel in the
preparation for and/or trial of the Action;

C.

Experts and consultants retained by plaintiffs whose assistance is for the
purpose of preparation for and/or trial of the Action;

D.

Current or former agents or employees of Defendant;

E.

The Court, Court Clerk and Court personnel working on the Action; and

F.
4.

Plaintiffs’ counsel of record in the Action,

Court stenographer and outside copy service whose function requires them
to have access to Defendant’s Protected Documents; and

Before receiving access to any Protected Document, each Qualified Person to

whom plaintiffs, or their representatives, intend to deliver, exhibit, or disclose any Protected
Document or material contained therein shall be advised of the terms of this Order, shall receive
a copy of this Order, and shall agree in writing, in the form attached hereto as Exhibit “A,” to be
bound by its terms. Plaintiffs’ counsel shall maintain a list of all Qualified Persons to whom any
Protected Documents or material contained therein are provided, and that list together with
executed forms shall be available for inspection by the Court.
5.

To the extent that any Protected Documents or information obtained therefrom is

used in the taking of depositions in the Action, such documents or information shall remain
subject to the provisions of this Order, if so requested at the deposition by counsel for either
party, except that: (1) counsel may provide the transcript to the deponent for review,
identification and signature; and (2) within thirty days counsel requesting such treatment has
received a copy of the transcript of such deposition, counsel will designate to other counsel those

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portions of the transcript regarded as Confidential and only those portions will be marked as
Confidential and handled thereafter in accordance with the provisions of this Confidentiality
Protective Order.
6.

This Order does not, by itself, authorize the filing of any document under seal.

Any party wishing to file a document designated as Confidential Information in connection with
a motion, brief or other submission to the Court must comply with D.C. Colo. L. Civ. R. 7.2(c).
7.

Neither Plaintiffs, their attorneys nor any Qualified Person shall, under any

circumstances, sell, offer for sale, or advertise either the contents of Protected Documents or the
fact that they have obtained confidential documents of WMT.
8.

The parties to the Action shall meet and confer regarding the procedures for use

of any Protected Documents at trial and shall move the Court for entry of an appropriate order.
9.

After termination of the Action, the provisions of this Order shall continue to be

binding.
10.

All Protected Documents shall be returned to counsel for WMT within thirty days

after the termination of the Action (including any appeals). This paragraph shall require the
return of all photocopies, duplicates, or reproductions of Protected Documents that have been
furnished to or made by representatives or experts of the parties to the Action. Counsel and
experts for the parties to the Action, however, may retain any notes, abstracts, lists, or summaries
drafted in connection with their review of Protected Documents.
11.

A party may object to the designation of particular Confidential Material by

giving written notice to the party designating the disputed information. The written notice shall
specifically identify the documents to which the objection is made and state the basis of the
parties’ objections to the confidential designation. If the parties cannot resolve the objection

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within twenty-one (21) 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 Material 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 Material in accordance with this 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 Material.
12.

This Confidentiality Protective Order shall not prevent any of the parties in this

Action from (a) applying to the Court for relief therefrom or to permit access to additional
persons or categories of persons; or (b) agreeing between themselves to modification of this
Confidentiality Protective Order, subject to the approval of the Court.
13.

Any document produced in response to plaintiffs’ discovery requests which has

been erroneously designated as “CONFIDENTIAL,” shall nevertheless be treated as a Protected
Document unless and until plaintiffs either: (a) obtain the written permission of the producing
defendant or its counsel to do otherwise; or, (b) obtain an Order of this Court finding that the
document is not a Protected Document. It is understood by WMT that plaintiffs reserve the right
to challenge the protection afforded those documents designated as “CONFIDENTIAL” at a later
date if circumstances so warrant.

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DATED this 30th day of April, 2015, at Denver, Colorado.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

Stipulated to this 29th day of April, 2015.

s/ Brenna E. Alexander
Tonya L. Melninchenko
Franklin D. Azar & Associates
14426 East Evans Avenue
Aurora, CO 80014-1474
[e-mail]
[e-mail]
303/757-3300

s/ Ashleigh R. Madison
Southeast Law, LLC
426 Barnard St
Savannah, GA 31401
[e-mail]
912/662-6612
Attorneys for Plaintiffs

s/ Matthew Y. Biscan
SATRIANA & BISCAN, LLC
720 S. Colorado Boulevard
Suite 452-S
Denver, CO 80246
Telephone: [phone]
Fax: [phone]
[e-mail]
s/ Dana J. Ash, Esquire
DUANE MORRIS LLP
5

30 South 17th Street, 6th Floor
Philadelphia, Pennsylvania 19103-4196
Telephone: [phone]
Fax: [phone]
[e-mail]
s/ Sean K. Burke, Esquire
DUANE MORRIS LLP
505 9th Street, N.W., Suite 1000
Washington, DC 20004-2166
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant Wright Medical
Technology, Inc.

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EXHIBIT A
DECLARATION OF ____________________________
STATE OF ___________________ )
) SS:
COUNTY OF __________________ )
1.

My name is ____________________________. I live at

_________________________. I am employed as ____________________ (state position) by
_________________________ (state name and address of employer).
2.

I have read the Confidentiality Protective Order that has been entered in the

Action, and a copy of it has been given to me. I understand the provisions of this Confidentiality
Protective Order, and agree to comply with and to be bound by its provisions.
3.

I declare under penalty of perjury under the laws of the State of ______________

and the United States of America that the foregoing is true and correct.

Subscribed and sworn to before me
this ______ day of ________________, 2015.

_______________________
Notary Public