Kaferly v. Metropolitan Life Insurance Company
PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 8/25/15. 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-03504-WJM-CBS
METROPOLITAN LIFE INSURANCE COMPANY,
STIPULATED PROTECTIVE ORDER
Pursuant to Fed. R. Civ. P. 26(c), each party and each Counsel of Record stipulate and
move the Court for a Protective Order concerning the treatment of Confidential Information (as
hereinafter defined), and state as follows in support of this stipulated protective order:
In this action, plaintiff Michael Kaferly (“Kaferly”) has sought the production of
Confidential Information (as defined in paragraph 2 below). Defendant Metropolitan Life
Insurance Company (“MetLife”) asserts that the disclosure of such information outside the scope
of this litigation could result in significant injury to MetLife’s business or privacy interests. The
parties have entered into this Stipulation and request the Court enter the within Protective Order
for the purpose of preventing the disclosure and use of Confidential Information except as set
“Confidential Information” means any document designated by one of the Parties
in the manner provided in paragraph 3 below as containing confidential proprietary information.
The burden of proving that a confidential document contains Confidential Information is on the
party that has designated the document as confidential.
Where Confidential Information is produced, provided, or otherwise disclosed by
a Party in response to any discovery request, it will be designated in the following manner:
By imprinting the words “Confidential Information” on every page of any
document produced that the producing party considers to contain Confidential
Information. The imprinting of the words “Confidential Information” shall not
cover any text or other content of the document.
All Confidential Information provided by a Party in response to a discovery
request shall be subject to the following restrictions:
It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever;
It shall not be communicated or disclosed by any Party’s counsel or a
Party in any manner, either directly or indirectly, to anyone except for
purposes of this case and unless an affidavit in the form of Exhibit A has
Qualified persons authorized to review and to receive Confidential Information
pursuant to this Protective Order shall hold Confidential Information in confidence and shall not
divulge the Confidential Information, either verbally or in writing, to any other person, entity or
government agency in any way contrary to this agreement unless authorized to do so by court
order or by written agreement of the parties.
Confidential documents shall be disclosed only to “qualified persons.” Qualified
persons are limited to: (a) counsel of record for the parties and the parties; (b) non-technical and
clerical staff employed by the counsel of record and involved in the preparation and trial of this
action; (c) experts and consultants retained by the parties for the preparation or trial of this case;
and (d) the court, the court’s staff, witnesses, deponents, and the jury in this case.
The Party’s counsel who discloses Confidential Information shall be responsible
for assuring compliance with the terms of this Protective Order with respect to persons to whom
such Confidential Information is disclosed and shall obtain and retain the original affidavits
signed by qualified recipients of Confidential Information, and shall maintain a list of all persons
to whom any Confidential Information is disclosed.
During the pendency of this action, opposing counsel may upon court order or
agreement of the parties inspect the list maintained by counsel pursuant to paragraph 7 above
upon a showing of substantial need in order to establish the source of an unauthorized disclosure
of Confidential Information and that opposing counsel are unable otherwise to identify the
source of the disclosure. If counsel disagrees with opposing counsel’s showing of substantial
need, then counsel may seek a court order requiring inspection under terms and conditions
deemed appropriate by the Court.
No copies of Confidential Information shall be made except by or on behalf of
counsel in this litigation and such copies shall be made and used solely for purposes of this
During the pendency of this litigation, counsel shall retain custody of Confidential
Information, and copies made of Confidential Information pursuant to paragraph 9 above.
If opposing counsel objects to the designation of certain information as
Confidential Information, he or she shall promptly inform the other parties’ counsel in writing of
the specific grounds of objection to the designation. All counsel shall then, in good faith and on
an informal basis, attempt to resolve such dispute. If after such good faith attempt, all counsel
are unable to resolve their dispute, the party asserting the claim of confidentiality will timely
apply to the court to set a hearing for the purpose of establishing that such document is
confidential. Any document so marked as containing “Confidential Information” will continue
to be treated as such pending determination by the court as to its confidential status. Any motion
for disclosure shall be filed within 14 days of receipt by counsel of notice of opposing counsel’s
objection, and the information shall continue to have Confidential Information status from the
time it is produced until the ruling by the Court on the motion.
In the event Confidential Information is used in any court filing or proceeding in
this action, it shall not lose its confidential status as between the parties through such use.
Confidential Information and pleadings or briefs quoting or discussing Confidential Information
will not be accepted for filing “under seal” or otherwise kept out of the public record in this
action, however, except by court order issued upon motion of the party seeking to file the
documents under seal. Any motion requesting leave to file documents under seal shall comply
with the requirements of D.C.COLO.LCivR 7.2.
The termination of this action shall not relieve counsel or other persons obligated
hereunder from their responsibility to maintain the confidentiality of Confidential Information
pursuant to this Protective Order, and the Court shall retain continuing jurisdiction to enforce the
terms of this Protective Order.
By agreeing to the entry of this Protective Order, the Parties adopt no position as
to the authenticity or admissibility of documents produced subject to it.
Upon termination of this litigation, including any appeals, each Party’s counsel
shall immediately return to the producing party all Confidential Information provided subject to
this Protective Order, and all extracts, abstracts, charts, summaries, notes or copies made from
Confidential Information. Each Party’s counsel shall not be required to provide any privileged
documents or confidential work product to the producing party, and, instead, will destroy any
such privileged or work product documents. At that time, counsel shall also file under seal with
this Court the list of individuals who have received Confidential Information which counsel shall
have maintained pursuant to paragraph 7 herein, and counsel shall provide the Court with
verification that any of counsel’s work product or privileged documents referencing Confidential
Information has been destroyed. Notwithstanding the requirements of this paragraph, the Party’s
counsel may retain any court filings, depositions, or exhibits to court filings or depositions
containing Confidential Information for up to ten years subject to the restrictions on disclosure
set forth in this Protective Order.
Nothing in this Protective Order shall preclude any Party from filing a motion
seeking further or different protection from the Court under Rule 26(c) of the Federal Rules of
Civil Procedure, or from filing a motion with respect to the manner in which Confidential
Information shall be treated at trial.
DATED this 25th day of August, 2015.
s/Craig B. Shaffer
Craig B. Shaffer
District Court Magistrate Judge
STIPULATED AND AGREED:
DATED this 21st day of August, 2015.
DATED this 21st day of August, 2015.
MCDERMOTT LAW LLC
HOLLAND & HART LLP
By : s/ Shawn E. McDermott
Shawn E. McDermott
2300 15th Street, Suite 200
Denver, CO 80202
By: s/Jack M. Englert, Jr.
Jack M. Englert, Jr.
6380 S. Fiddler’s Green Circle, Suite 500
Greenwood Village, CO 80111
Attorneys for Defendant
Attorneys for Plaintiff
STATE OF ______________
, swears or affirms and states under penalty of perjury:
I have read the Protective Order in Kaferly v. Metropolitan Life Ins. Co., No. 14cv-03504-WJM-CBS a copy of which is attached to this Affidavit.
I have been informed by ___________________________, Esq., counsel for
______________________________, that the materials described in the list attached to this
Affidavit are Confidential Information as defined in the Protective Order.
I promise that I have not and will not divulge, or undertake to divulge to any
person or recording device any Confidential Information shown or told to me except as
authorized in the Protective Order. I will not use the Confidential Information for any purpose
other than this litigation.
For the purposes of enforcing the terms of the Protective Order, I hereby submit
myself to the jurisdiction of the court in the civil action referenced above.
I will abide by the terms of the Protective Order.
(Print or Type Name)
Telephone No.: (_____)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?