Great Northern Insurance Company et al v. NGL Warehouse, LLC

Filing 92

STIPULATED PROTECTIVE ORDER Regarding Depositions and Documents Designated as Confidential, by Magistrate Judge Nina Y. Wang on 02/24/16. (nmarb, )

UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO
Civil Action No. 2014-cv-3233-PAB-NYW
GREAT NORTHERN INSURANCE COMPANY and
UNIQUE HOME DESIGNS, INC.,
Plaintiffs,
v.
NGL WAREHOUSE, LLC,
Defendant.
STIPULATED PROTECTIVE ORDER REGARDING DEPOSITIONS AND
DOCUMENTS DESIGNATED AS CONFIDENTIAL

Plaintiffs and NGL Warehouse, LLC ("NGL"), by and through their respective attorneys
of record, hereby stipulate and agree as follows, and the Court, having been fully advised, hereby
orders as follows:
The discovery sought from Ricardo Solis, Oscar Salinas, and Desi DeLeon (collectively,
“Deponents”) in Great Northern Insurance Company and Unique Home Designs, Inc. v. NGL
Warehouse, LLC, Civil Action No. 2014-cv-3233-PAB-NYW, pending before the United States
District Court for the District of Colorado (the “Colorado Lawsuit”) is likely to involve witness
testimony that contains business, competitive, proprietary, trade secret, or other information of a
sensitive nature, hereafter referred to as “Confidential Information.” The parties to the Colorado
Lawsuit are hereinafter referred to as the “Colorado Parties.” Accordingly, the Court enters this
Protective Order to govern testimony and documents that contain Confidential Information.

Designation of Confidential Information
1.

Designation of Depositions. Depositions or portions thereof upon oral or written

questions may be classified as Confidential if they contain Confidential Information. A Deponent
claiming that a deposition or any portion thereof is Confidential shall give notice of such claim to
the Colorado Parties either prior to or during the deposition, or within thirty (30) days after
receipt of the deposition transcript, and the testimony taken and the transcript of such deposition
or portion thereof shall be designated as Confidential. Placement of the “Confidential”
designation on each protected page of the transcript shall constitute notice and shall designate the
information contained therein as Confidential Information. Copies, extracts, summaries, notes,
and other derivatives of Confidential material also shall be deemed Confidential material and
shall be subject to the provisions of this Protective Order.
2.

Designation of Written Materials. Documents and other things claimed to be or

to contain Confidential Information shall, prior to production, be marked by the producing party
as "Confidential." Placement of the "Confidential" Designation on each protected page or on the
initial page of the protected document when it is produced shall constitute notice and shall
designate the document as Confidential material. Copies, extracts, summaries, notes, and other
derivatives of Confidential material also shall be deemed Confidential material and shall be
subject to the provisions of this Order. The provisions of this Order shall also apply to all
documents produced prior to the date that this Order is entered by the Court, which were marked
as "Confidential" prior to their production.
3.

Modification of Designation. The designation of Confidential Information by a

Deponent shall not be determinative and may be modified or eliminated at any time in one of
two ways, as explained below.

(a)

The Deponent or counsel therefor may agree in writing to downgrade or
eliminate the Confidential designation concerning any testimony.

(b)

If the designating Deponent and the Colorado Parties cannot agree as to the
designation of any particular information or material after good faith
discussion, a Colorado Party may move this Court to downgrade or eliminate
the Confidential designation. The burden of proving that the information has
been properly designated as protected shall be on the Deponent who made the
original designation.
Access to Confidential Information

4.

General Access. Except as otherwise expressly provided herein or ordered by the

Court, the Colorado Parties may only reveal Confidential Information as follows:
(a)

To outside counsel for a Colorado Party (and secretaries, paralegals, and other
staff employed in the offices of such outside counsel who are working on the
litigation), provided that outside counsel who are not of record in the
Colorado Lawsuit must first deliver to counsel of record for Deponents an
email confirming review of and agreement to be bound by the provisions of
this Order and Exhibit A hereto.

(b)

To the Colorado Parties after they have been given a copy of this Protective
Order by their outside counsel and deliver to counsel of record for Deponents
an email confirming review of and agreement to be bound by the provisions of
this Order and Exhibit A.

(c)

To court reporters or videographers transcribing or recording a deposition,
hearing, or other proceeding in this matter who deliver to counsel of record for

Deponents an email confirming review of and agreement to be bound by the
provisions of this Order and Exhibit A (excluding court-appointed court
reporters or videographers).
(d)

To independent experts and independent consultants (meaning a person who is
not an employee, officer, director, or owner in any capacity of a Colorado
Party and who is retained by a Colorado Party or its outside counsel in good
faith for the purpose of assisting in this litigation) who deliver to counsel of
record for Deponents an email confirming review of and agreement to be
bound by the provisions of this Order and Exhibit A.

5.

No Copies/Notes. Except for use by counsel for Deponents or the Colorado

Parties (including dissemination to expert witnesses as set forth in paragraph 4), for court and
deposition copies, for use as exhibits to motions or responses filed with a court, and for such use
as is expressly permitted under the terms hereof, no person granted access to Confidential
Information shall make copies, reproductions, transcripts, or facsimiles of the same or any
portion thereof.
6.

Disputes over Access. If a dispute arises as to whether a particular person should

be granted access to Confidential Information, the party seeking disclosure may move this Court
to permit the disclosure and must obtain an order of this Court before disclosing the information.
Use of Confidential Information
7.

Use in the Colorado Lawsuit Only. Confidential Information may be used only

for purposes of the Colorado Lawsuit. Each person to whom the disclosure of any Confidential
Information is made shall not, directly or indirectly, use, disclose, or disseminate, or attempt to
use, disclose, or disseminate, any of the same except as expressly provided herein.

8.

Use at Depositions. If Confidential Information is to be discussed or disclosed

during a deposition, the Deponent shall have the right to exclude from attendance at the
deposition, during the time the Confidential Information is to be discussed, any person not
entitled under this Protective Order to receive the Confidential Information.
9.

Use at Court Hearings and Trial. Subject to the Federal Rules of Evidence,

Confidential Information may be offered into evidence at trial or at hearing or oral argument,
provided that the proponent of the evidence containing Confidential Information gives three
days’ notice to counsel for Deponents. Any party may move a court for an order that the
evidence be received in camera or under other conditions to prevent unnecessary disclosure. If
presented at trial, the status of evidence as Confidential Information shall not be disclosed to the
finder of fact.
10.

Filing Under Seal. Each document filed in the Colorado Lawsuit that contains

any Confidential Information shall be filed pursuant to D.C.COLO.LCivR 7.2. Nothing in
this Order shall be construed as an order restricting any document or information.
11.

Reasonable Precautions. Counsel for each Colorado Party shall take all

reasonable precautions to prevent unauthorized or inadvertent disclosure of any Confidential
Information.
12.

Order Shall Remain Binding. This Order shall continue to be binding throughout

and after the conclusion of trial, including any appeal thereof.
13.

Modification of this Order. The terms of this Order may only be modified by

further order of this Court.

14.

Return and/or Destroy After Litigation. Within ninety days of the passing of the

deadline to appeal the Colorado Lawsuit, or termination of any appeal of the Colorado Lawsuit,
or sooner if so ordered by this Court, counsel for each Colorado Party shall destroy or return to
counsel for Movants all items constituting, containing, or reflecting Confidential Information,
save for attorney’s notes, which counsel agree to destroy within 180 days of final termination of
this litigation.
Other Provisions
15.

Not an Admission. Nothing in this Protective Order shall constitute an admission

by the Colorado Parties that information designated as Confidential is actually Confidential
Information. Furthermore, nothing contained herein shall preclude a party or a person from
raising any available objection, or seeking any available protection with respect to any
Confidential Information, including but not limited to the grounds of admissibility of evidence,
materiality, trial preparation materials, and privilege.
16.

Miscellaneous. This Protective Order may be used to protect the confidentiality

of the residential addresses and social security numbers of the Deponents.

DATED: February 24, 2016

BY THE COURT:
s/ Nina Y. Wang
United States Magistrate Judge

UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO
Civil Action No. 2014-cv-3233-PAB-NYW
GREAT NORTHERN INSURANCE COMPANY and
UNIQUE HOME DESIGNS, INC.,
Plaintiffs,
v.
NGL WAREHOUSE, LLC,
Defendant.
EXHIBIT A
AGREEMENT CONCERNING INFORMATION
COVERED BY THE PROTECTIVE ORDER
I have been designated by
as a person who may have access to
Confidential Information as that term is defined in the Protective Order entered in the aboveentitled case.
Having read the Protective Order, I agree to comply fully with it and to be bound by its
terms with respect to all documents and information designated as “Confidential” under the
Protective Order. I agree not to copy any documents or information that have been designated as
“Confidential” and disclosed to me and not to disclose such documents or information to any
person or entity not authorized under the Protective Order to view Confidential Information.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed this
day of
, 2016.

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