Milanes v. American Family Insurance Company

Filing 22

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 6/8/15. ORDERED that when filing restricted documents, parties MUST fully comply with the requirements of D.C.ColoL.CivR. 7.2. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:14 CV-03241 LTB CBS
JUANITO MILANES
Plaintiff,
v.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY
d/b/a American Family Insurance
Defendant.

STIPULATED PROTECTIVE ORDER

Pursuant to the stipulation of the parties, IT IS ORDERED: Defendant American Family
Mutual Insurance Company will produce certain documents, stamped CONFIDENTIAL and
containing bates labels beginning with Confidential Documents_000001, which it considers
privileged, confidential, proprietary, competitively sensitive and trade secret. The production
and use of such documents in this case will be conducted pursuant to the following:
1.

Counsel for defendant must review documents and certify that the designation as

“CONFIDENTIAL” is based on a good faith belief that the information is confidential or
otherwise entitled to protection. All such documents shall be stamped “CONFIDENTIAL” by
Defendant. It is agreed that the documents so designated are subject to this Protective Order
(hereinafter referred to as “documents”).
2.

Documents, materials and/or information designated “CONFIDENTIAL” shall

not be disclosed or used for any purpose except the preparation and trial of this case.
3.

A party may object to the designation of particular “CONFIDENTIAL”

information by giving written notice to the party designating the disputed information within ten

Exhibit 1

(10) business days of receipt of the document. 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
Protective Order. If such a motion is timely filed, the disputed information shall be treated as
“CONFIDENTIAL” 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” 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.”
4.

Plaintiff and her counsel agree that the documents and the information obtained

from the documents shall not be released to any other person or entity for any purpose, with the
exception of an individual certified by Plaintiff’s counsel as employed by or assisting counsel in
preparation for or at the trial of this action or a person who is expressly retained by Plaintiff or
her counsel for the purpose of testifying or giving opinions in this litigation, including Plaintiff’s
insurance claims expert, but only to the extent necessary for such person to perform his or her
assigned tasks in connection with this litigation.
5.

Counsel for Plaintiff shall first obtain a written agreement from each individual,

identified under paragraph 4 of this Protective Order, who will review any or all of the
documents or receive information therefrom that they agree to hold all such documents in

Exhibit 1

confidence and agree to the terms and conditions set forth in Exhibit A, including that the
individual will not reproduce the documents, transfer the documents or divulge information
obtained therefrom to any other entity or person for any purpose. The written agreement shall be
in the form attached hereto as Exhibit A.
6.

In the event of a deposition of a non-party or a party, or one of its present or

former officers, directors, employees, agents, or an independent expert retained for purposes of
this litigation, it is agreed that any confidential documents or information obtained therefrom is
confidential and the deposition shall remain confidential and shall not be used or distributed for
any purpose other than in connection with this litigation.
7.

Counsel for Plaintiff shall maintain a list of all persons to whom the confidential

information covered by this Protective Order has been shown, to whom copies have been
provided, and who have agreed to the terms of this Protective Order. Counsel’s list shall also
identify, by number, all documents copied and the number of copies provided to each person.
8.

At the conclusion of the action, counsel for Plaintiff will promptly furnish to

counsel for Defendant, Sutton | Booker | P.C., a letter which identifies all persons or entities to
whom documents or information has been disclosed along with a copy of the list maintained
pursuant to paragraph 5 and a copy of the written agreement regarding confidentiality obtained
from each person or entity. Counsel for Plaintiff will return to counsel for Defendant, Sutton |
Booker | P.C., within 30 days of the conclusion of this case, the original documents plus all
copies or reproductions of any kind made from the documents.
9.

Any request to restrict access must comply with the requirements of

D.C.COLO.LCiv.R. 7.2.
10.

The production of such documents or information by the parties shall not

Exhibit 1

constitute a waiver of any privilege, or claim or right of withholding, or confidentiality.
11. This Protective Order survives this case for the purpose of enforcement.
Approved as to form:

/s/ Joshua D. Stoll
Joshua D. Stoll
The Paul Wilkinson Law Firm, LLC
3900 E. Mexico, Ste 600
Denver, CO 80210
Telephone:
303-333-7285
Fax:
303-481-6364
[e-mail]
/s/ Rebecca B. Albano
Rebecca B. Albano
Law Office of Rebecca Albano, LLC
1665 Grant Street
Denver, CO 80203
Telephone:
303-815-1592
Fax:
303-815-1593
[e-mail]
Attorneys for Plaintiff
Juanito Milanes

/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: [e-mail]
Attorney for Defendant,
American Family Mutual Insurance Company
August 25, 2012
08 Jun 2015
Date: ____________________

BY THE COURT:
________________________________
Craig B. Shaffer 
United States Magistrate Judge 

Exhibit 1

United States Magistrate Judge

Juanito Milanes v. American Family Mutual Insurance Company et. al.
Case No. 1:14 CV-03241 LTB CBS
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 Juanito Milanes v. American Family Mutual Insurance Company et. al., Case
Number: 1:14 CV-03241 LTB CBS.

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 __________, 20__.

By:
Exhibit A

Exhibit 1