Maes v. Leprino Foods Company

Filing 32

REVISED STIPULATED PROTECTIVE ORDER. By Magistrate Judge Michael E. Hegarty on 4/6/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 1:15-cv-00022-WJM-MEH
DOROTHY MAES,
Plaintiff,
v.
LEPRINO FOODS COMPANY, a Colorado corporation,
Defendant.

REVISED STIPULATED PROTECTIVE ORDER
IT IS HEREBY STIPULATED by all parties to this action, by and through their
respective attorneys of record herein, that disclosure and discovery activity in this action are
likely to involve production of confidential, proprietary, or private information for which special
protection from public disclosure and from use for any purpose other than prosecuting this
litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to
enter the following Revised Stipulated Protective Order (“Protective Order”). The terms of this
Protective Order are consistent with the Model Protective Order provided for cases subject to the
Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse
Action.
The parties acknowledge that this Protective Order does not entitle them to file
confidential information under seal. Local Rule 7.2 sets forth the procedures that must be
followed and the standards that will be applied when a party seeks permission from the court to
file material under seal.
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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
hereby ordered by the Court that the following restrictions and procedures shall apply to certain
information, documents and excerpts from documents supplied by the parties to each other in
response to discovery requests:
1.

Counsel for any party may designate any document, information contained in a

document, information revealed in an interrogatory response or information revealed during a
deposition as confidential if counsel determines, in good faith, that such designation is necessary
to protect the interest of the client.

Information and documents designated by a party as

confidential will be stamped “Confidential” information or documents may be referred to
collectively as “confidential information.”
2.

Unless ordered by the Court, or otherwise provided for herein, the Confidential

Information disclosed will be held and used by the person receiving such information solely for
use in connection with the above-captioned action.
3.

Nothing in this Protective Order constitutes an admission by any party that

Confidential Information disclosed in this case is relevant or admissible. Each party specifically
reserves the right to object to the use or admissibility of all Confidential Information disclosed,
in accordance with applicable law and Court rules.
4.

Information or documents designated as “confidential” shall not be disclosed to

any person, except:
a.

The requesting party and counsel, including in-house counsel;

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b.

Employees of such counsel assigned to and necessary to assist in the

c.

Consultants or experts assisting in the prosecution or defense of the

litigation;

matter, to the extent deemed necessary by counsel;
d.

Any person from whom testimony is taken or is to be taken in these

actions, except that such a person may only be shown that Confidential Information during and
in preparation for his/her testimony and may not retain the Confidential Information; and
e.

The Court (including any clerk, stenographer, or other persons having

access to any Confidential Information by virtue of his or her position with the Court) or the jury
at trial or as exhibits to motions.
5.

Prior to disclosing or displaying the Confidential Information to any person,

counsel shall:
a.

inform the person of the confidential nature of the information or

documents; and
b.

inform the person that this Court has enjoined the use of the information

or documents by him/her for any purpose other than this litigation and has enjoined the
disclosure of that information or documents to any other person.
6.

The Confidential Information may be displayed to and discussed with the persons

identified in Paragraphs 4(c) and (d) only on the condition that prior to any such display or
discussion, each such person shall be asked to sign an agreement to be bound by this Order in the
form attached hereto as Exhibit A. In the event such person refuses to sign an agreement in the
form attached as Exhibit A, the party desiring to disclose the Confidential Information may seek
appropriate relief from the Court.
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7.

The disclosure of a document or information without designating it as

“confidential” shall not constitute a waiver of the right to designate such document or
information as Confidential Information provided that the material is designated pursuant to the
procedures set forth herein no later than that latter of fourteen (14) days after the close of
discovery or fourteen (14) days after the document or information’s production. If so designated,
the documents or information shall henceforth be treated as Confidential Information subject to
all terms of this Stipulation and Order.
8.

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 twenty (20) 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 Information 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 Information shall bear the
burden of establishing that good cause exists for the disputed information to be treated as
Confidential.
9.

All information subject to confidential treatment in accordance with the terms of

this Stipulation and Order that is filed with the Court, and any pleadings, motions or other papers
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filed with the Court disclosing any Confidential Information, shall be filed under seal to the
extent permitted by law (including without limitation any applicable rules of court) and kept
under seal until further order of the Court. To the extent the Court requires any further act by the
parties as a precondition to the filing of documents under seal (beyond the submission of this
Stipulation and Order Regarding Confidential Information), it shall be the obligation of the
producing party of the documents to be filed with the Court to satisfy any such precondition.
Where possible, only confidential portions of filings with the Court shall be filed under seal.
10.

At the conclusion of the litigation, the Confidential Information and any copies

thereof shall be promptly) and in no event later that thirty (30) days after entry of final judgment
no longer subject to further appeal) returned to the producing party or certified as destroyed,
except that the parties’ counsel shall be permitted to retain their working files on the condition
that those files will remain confidential.
The foregoing is entirely without prejudice to the right of any party to apply to the Court
for any further Protective Order relating to confidential information; or to object to the
production of documents or information; or to apply to the Court for an order compelling
production of documents or information; or for modification of this Order. This Order may be
enforced by either party and any violation may result in the imposition of sanctions by the Court.
ORDERED and DATED this 6th day of April, 2015, at Denver, Colorado.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

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Dated: April 3, 2015
s/ Richard K. Blundell

s/ William C. Brittan

Richard K. Blundell, Esq.
Law Office of Richard K. Blundell
1233 8th Street
Greeley, CO 80631
Tel: [phone]
Fax: [phone]
[e-mail]

William C. Brittan, Esq.
Margaret R. Pflueger, Esq.
Campbell, Killin Brittan & Ray, LLC
270 St. Paul Street, Suite 200
Denver, CO 80206
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

ATTORNEY FOR PLAINTIFF
Dorothy Maes

ATTORNEYS FOR DEFENDANT
Leprino Foods Company

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