Wailes v. Hach Company

Filing 32

PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 5/12/15. 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. 14-CV-03495-CBS
SHERRIE WAILES,
Plaintiff,
v.
HACH COMPANY, a Delaware corporation
Defendant.
STIPULATED PROTECTIVE ORDER

Upon a showing of good cause in support of the entry of a protective order to protect the
discovery and dissemination of confidential information or information which will improperly
annoy, embarrass, or oppress any party, witness, or person providing discovery in this case, IT IS
ORDERED:
1.
This Protective Order shall apply to all documents, materials, and information,
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 and designated as
"Confidential" pursuant to the terms of this Protective Order.
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.
CONFIDENTIAL information shall include, but not be limited to: (a) All
confidential and proprietary information relating to Plaintiff’s and Defendant’s respective
businesses, including confidential information concerning their respective current or former
employees when designated as "Confidential" as provided herein; (b) Documents and
information produced by Plaintiff concerning Plaintiff’s individual medical, personal
identification, financial and/or tax records when designated as “Confidential” as provided herein;
and (c) documents obtained by Defendant through releases produced by Plaintiff concerning
Plaintiff’s medical, personal identification, financial and/or tax records. CONFIDENTIAL
information shall not be disclosed or used for any purpose except the preparation and trial of this
case.

4.
CONFIDENTIAL documents, materials, and/or information (collectively
“CONFIDENTIAL information”) shall not, without the consent of the party producing it or
further Order of the Court, be disclosed 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 Defendant;

(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;

(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 acknowledgments 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 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.
In the event Electronically Stored Information (“ESI”) is disclosed or discovered
in the course of this litigation, including, but not limited to, ESI provided on hard disks or other
magnetic data storage disks, removable disks and/or drives, portions thereof, or digital images of
data storage disks or drives, such information may be designated as “Confidential” in a written
communication or in an electronic mail message to the non-producing party as set forth in
Paragraph 6 above.

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8.
Whenever a deposition involves the disclosure of CONFIDENTIAL information,
the deposition or portions thereof shall be designated as CONFIDENTIAL and shall be subject to
the provisions of this Protective Order. Such designation shall be made on the record during the
deposition whenever possible, but a party may designate portions of depositions as
CONFIDENTIAL after transcription, provided written notice of the designation is promptly
given to all counsel of record within thirty (30) days after notice by the court reporter of the
completion of the transcript.
9.
In the event it is necessary for the Parties to file CONFIDENTIAL information
with the Court in connection with any proceeding or motion, the CONFIDENTIAL information
shall be filed in accordance with the requirements of D.C.COLO.LCiv.R 7.2.
10.
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.
11.
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 be
returned to the party that designated it CONFIDENTIAL, or the parties may elect to destroy
CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL documents,
the destroying party shall provide all parties with an affidavit confirming the destruction.
12.
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.

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STIPULATED TO AND APPROVED AS TO FORM this 11th of May, 2015.
s/ Sara A. Green
Sara A. Green
Bachus & Schanker, LLC
1899 Wynkoop Street, Suite 700
Denver, CO 80202
Telephone: [phone]
Email: [e-mail]
Attorneys for Plaintiff

s/ Raymond W. Martin
Raymond W. Martin
Kasey A. Meyer
Wheeler Trigg O’Donnell LLP
370 17th Street, Suite 4500
Denver, Colorado 80202
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendant Hach Company

DATED at Denver, Colorado, on May 12, 2015.
BY THE COURT:

s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge

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