Rajala v. Fisher-Price, Inc.

Filing 30

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 7/23/15. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:14-cv-03438-REB-KMT
_____________________________________________________________________
COLTON RAJALA, a minor, by and through his father and next friend JESSE RAJALA,
Plaintiff,
v.
FISHER-PRICE, INC.,
Defendant.

STIPULATED PROTECTIVE ORDER
______________________________________________________________________
Each party and each Counsel of Record stipulate and move the Court for a
Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure
concerning the treatment of CONFIDENTIAL INFORMATION (as hereinafter defined)
and, as grounds therefore, state as follows:
1.

This protective order provides for confidentiality with respect to proprietary

records and materials that Fisher-Price, Inc. is going to produce in response to plaintiff’s
production requests 1, 3, 4, 5, 6, 9, 11, 12, 18 and 26. Those requests read as follows:
1.

A copy of the Operator’s Manual and installation instructions along

with each warning label or instructional decal that was attached to the
Subject High Chair at the time of initial sale or that was supposed to be
attached.
3.

All documents, drawings reports, summaries, photographs, videos,

or other written or recorded items pertaining to the High Chair storage

pegs.
4.

All documents, drawings reports, summaries, photographs, videos,

or other written or recorded items pertaining to the design, engineering,
safety engineering of the High Chair and High Chair storage pegs.
5.

All documents, correspondence to or from You or anyone acting on

your behalf, inter-office memoranda, reports, summaries, photographs,
case files, documents or other written or recorded items pertaining to
alleged injuries involving the High Chair storage pegs.
6.

All documents, correspondence to or from You or anyone acting on

your behalf, inter-office memoranda, photographs, reports, summaries, or
other written or recorded items sent to or received from any Person, the
U.S. Consumer Products Safety Commission and any other industry,
consumer or federal organization or agency pertaining to the High Chair.
9.

Copies of all claims, notices, summaries, compilations, complaints,

inquiries, correspondence to or from You or anyone acting on your behalf,
relating to any alleged injuries or defects associated with the High Chair
storage pegs.
11.

All documents, drawings, reports, summaries, photographs, videos,

or other written or recorded items pertaining to the recall of the High Chair
and High Chair storage pegs.
12.

Each test protocol, test result, analysis, summary, videotape,

photograph, film, or other written or recorded item pertaining to High Chair
storage pegs.

2

18.

Any and all engineering drawings, blueprints, and specifications for

the Subject High Chair.
26.

All company manuals, policies, procedures and guidelines

regarding the process concerning product recalls and product retrofits.
2.

Plaintiff may object to the designation of particular CONFIDENTIAL

INFORMATION by giving written notice to Fisher-Price, Inc., through its attorney, Deana
R Dagner. 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 Fisher-Price, Inc. 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 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 Fisher-Price, Inc.
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, Fisher-Price, Inc. shall bear the burden of establishing that
good cause exists for the disputed information to be treated as CONFIDENTIAL.
3.

In order to identify records covered by this order, defense counsel will

label or mark them as “Confidential – Proprietary” and “Subject to Protective Order.”
4.

The records covered by this order and information contained in them shall

be used only and solely in the above-captioned litigation, and for no other purpose.

3

5.

Any testimony desired by either party concerning the records and

information covered by this order shall be placed on a confidential record which shall be
separated from the rest of the transcript, sealed, and marked as confidential within the
transcript and also on the exterior seal.
6.

Plaintiff’s counsel may not share the information contained in the records

produced labeled or marked “Confidential – Proprietary” and “Subject to Protective
Order” with anyone outside of his firm unless:
a. The purpose relates to the person’s being engaged as an expert or
consultant in this lawsuit; and
b. The person first signs an acknowledgment of having read this order,
agreeing to be bound, and submitting to the jurisdiction of the court for
purposes of enforcement.
7.

Plaintiff’s counsel shall retain all acknowledgments required above for two

years after the litigation is concluded to be available for production to this court or any
other court having proper jurisdiction.
8.

Plaintiff’s counsel shall ensure compliance with this order by any persons

who come in contact with any records provided to him and his firm that are covered by
this order.
9.

If confidential records are proposed to be used at trial, plaintiff’s counsel

will notify defense counsel when the parties work on the drafting of any exhibit lists for
trial. The attorneys will confer in an effort to reach agreement on the handling of such
records at trial. If agreement is not reached, either party may seek a ruling.

4

10.

By no later than 10 days after the case concludes, whether by settlement

or judgment, plaintiff’s counsel, and any third parties with whom plaintiff’s counsel has
shared records covered by this order, shall destroy all confidential records produced
under this order and delete any copies they or staff members copied to or saved in any
computers.

APPROVED and ADOPTED AS AN ORDER
OF THE COURT this 23rd day of July, 2015.

_____________________________________
Kathleen M. Tafoya
United States Magistrate Judge
Respectfully submitted,
s/Deana R. Dagner
Deana R. Dagner
Dagner | Schluter | Mitzner | Werber, LLC
5105 DTC Parkway, Suite 325
Greenwood Village, CO 80111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant Fisher-Price, Inc.

5

s/Stuart D. Mann
Stuart D. Mann
Mann & Maximon
900 Arapahoe Avenue
Boulder, Colorado 80302
Telephone: [phone]
Facsimile: 303-991-1895
Email: [e-mail]
Attorneys for Plaintiff Colton Rajala, a
minor, by and through his father and
next friend Jesse Rajala