Osman v. Bimbo Bakeries, USA, Inc.
Filing
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PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 5/21/15. (nmarb, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03281-MEH
KALTHUN OSMAN,
Plaintiff,
v.
BIMBO BAKERIES, USA, INC.,
Defendant.
PROTECTIVE ORDER
This matter comes before the Court on the parties’ Stipulated Motion for Entry of
Protective Order. The Court has reviewed that Motion. The Motion is meritorious and
acceptable. Therefore, IT IS ORDERED:
1.
information,
This Protective Order shall apply to all documents, materials, and
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 Procedure.
2.
As used in this 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.
3.
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law and statutory privacy interests such as: (a)
medical, financial and tax records of Plaintiff; (b) personnel records of current or former
employees of Defendant; and (c) Defendant’s trade secrets or other confidential
research, development or commercial information.
4.
CONFIDENTIAL documents, materials, and/or information (collectively
“CONFIDENTIAL information”) shall be used solely for the purpose of this action, and
shall not, without the consent of the party producing it or further Order of the Court, be
used, transferred, disclosed or communicated in any way, except that such information
may be disclosed to:
(a)
attorneys actively working on this case;
(b)
persons regularly employed or associated with the attorneys actively
working on the case whose assistance is required by said attorneys in the preparation
for trial, at trial, or at other proceedings in this case;
(c)
the parties, including designated representatives of the parties;
(d)
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;
(e)
the Court and its employees (“Court Personnel”);
(f)
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;
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(g)
deponents, witnesses, or potential witnesses; and
(h)
other persons by written agreement of the parties.
5.
Prior to disclosing any CONFIDENTIAL information to any person listed
above (other than counsel, persons employed by counsel, Court Personnel and
stenographic reporters), counsel shall provide such person with a copy of this Protective
Order and obtain from such person a written acknowledgment stating that he or she has
read this Protective Order and agrees to be bound by its provisions. All such written
assurances 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.
6.
Documents, including electronically stored information, 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”..
7.
Any party who inadvertently fails to identify documents or information as
CONFIDENTIAL shall, promptly upon discovery of its oversight, provide written notice of
the error and substitute appropriately-designated documents. Any party receiving such
improperly-designated documents shall promptly retrieve such documents from persons
not entitled to receive those documents and, upon receipt of the substitute documents,
shall return or destroy the improperly-designated documents.
8.
Whenever a deposition involves the disclosure of CONFIDENTIAL
information, the portions thereof that involve the disclosure of CONFIDENTIAL
information shall be designated as CONFIDENTIAL and shall be subject to the
provisions of this Protective Order. Such designation shall be made on the record
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during the deposition or after transcription, provided written notice of the designation is
given to all counsel of record within thirty (30) days after notice by the court reporter of
the completion of the transcript.
9.
A party may object to the designation of particular CONFIDENTIAL
information by giving written notice to the party designating 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 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.
10.
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, upon request, be returned to the party that designated it
CONFIDENTIAL, or the parties may elect to destroy CONFIDENTIAL documents.
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Where the parties agree to destroy CONFIDENTIAL documents, the destroying party
shall provide all parties with an affidavit confirming the destruction.
11.
This 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 at Denver, Colorado this 21st day of May, 2015.
BY THE COURT:
Michael E. Hegarty
United States Magistrate Judge
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