Sins v. Skywest Airlines Inc

Filing 16

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 4/24/15. 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. 15-cv-00067-REB-CBS
VICTORIA SINS, an individual,
Plaintiff,
v.
SKYWEST AIRLINES, INC., a Utah corporation.
Defendant.
______________________________________________________________________
STIPULATED PROTECTIVE ORDER
______________________________________________________________________
To expedite the flow of discovery material, facilitate the prompt resolution of
disputes over confidentiality, adequately protect material entitled to be kept confidential,
and ensure that protection is afforded only to material so entitled, pursuant to the
Court’s authority under the Federal Rules of Civil Procedure, the parties, by agreement
and through their counsel of record, move for the Court to enter a Stipulated Protective
Order concerning certain confidential and/or private documents, such as medical
records, proprietary documents and trade secrets, requested for production, and
request a forthwith ruling:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
1.

Non-Disclosure of Stamped Confidential Documents. Except with the

prior written consent of the party or other person originally designating a document to be
stamped as a confidential document, or as hereinafter provided under this Order, no

stamped confidential document may be disclosed to any person. A “designating party”
means a party or other person designating a document to be stamped as a confidential
document. A “stamped confidential document” means any document which bears the
legend (or which shall otherwise have had the legend recorded upon it in a way that
brings its attention to a reasonable examiner) “CONFIDENTIAL” to signify that it
contains information that the designating party believes to be subject to protection under
F.R.C.P. 26(b)(3) and (5). For purposes of this Order, the term “document” means all
written, electronic, recorded, or graphic material, whether produced or created by a
party or another person, whether produced pursuant to Rule 33, Rule 34, subpoena, by
agreement, or otherwise provided by the designating party in response to any formal or
informal discovery requests of any of the opposing parties in this litigation, that are
designated in good faith as confidential by the designating party. Interrogatory answers,
responses to requests for admission, deposition transcripts and exhibits, pleadings,
motions, affidavits, and briefs that quote, summarize, or contain materials entitled to
protection may be accorded status as a stamped confidential document, but, to the
extent feasible, shall be prepared in such a manner that the confidential information is
bound separately from that not entitled to protection.
2.

Permissible Disclosures. Notwithstanding Paragraph 1, stamped

confidential documents may be disclosed to the parties and/or their insurers for use only
in this litigation; counsel for the parties in this action actively engaged in the conduct of
this litigation; to the partners, associates, secretaries, and paralegals of such an
attorney, to the extent reasonably necessary for those persons to render professional

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services in this litigation; and to Court officials involved in this litigation (including court
reporters, persons operating video recording equipment at depositions, and any special
master appointed by the Court). Upon signing the Agreement to Comply with Protective
Order (attached as Exhibit A), the entirety of which is hereby incorporated by
reference, stamped confidential documents may also be disclosed:
a.

To any consultant or expert retained by a party who has consented to this

b.

To any person designated by the Court in the interest of justice, upon such

Order;

terms as the Court may deem proper;
c.

To persons with prior knowledge of the documents; or

d.

To any deponent.

e.

These individuals (identified in subparagraphs (a)-(d) above) shall not

give, show or otherwise divulge any of the confidential information or any copies, prints,
negatives or summaries thereof to any entity or person except as specifically provided
for by this Order; and
f.

No stamped confidential document may be disclosed to any person other

than those specifically listed above. Through execution of the confidentiality agreement,
that third party consents to the jurisdiction of this Court for the enforcement of this Order
which shall be equally binding upon it, him, or her, as well as the parties and their
counsel.
3.

Non-waiver. Disclosure of confidential documents by the designating

party, under the circumstances discussed above, shall not be construed as a waiver of

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the designating party’s right to claim confidentiality or privilege as to any such document
disclosed. Furthermore, nothing in this Order shall be deemed to waive the designating
party’s right to either oppose discovery upon grounds other than that the documents
and information sought constitute or contain confidential information or object on any
ground to the admission in evidence, at the trial of this action, of any confidential
information.
4.

Declassification. A party (or aggrieved entity permitted by the Court to

intervene for such purpose) may apply to the Court for a ruling that a document
stamped as confidential is not entitled to such status and protection. For any disputes
regarding a document’s confidentiality under this agreement, the designating party shall
at all times maintain the burden of proving the confidentiality, proprietary nature and/or
privilege of the document(s) at issue. Any nonparty seeking such a ruling must show to
the Court why the confidential information must be shared with the individual in
question. Both sides shall remain bound by the terms of this Order pending the
resolution of any such motion.
5.

Confidential Information in Depositions.

a.

A deponent may, during the deposition, be shown and examined about,

stamped confidential documents if the deponent already knows the confidential
information contained therein or if the deponent has signed the Agreement to Comply
with Protective Order after review of this Order.
b.

Parties may, either during the deposition or after receiving a copy of the

deposition, designate pages of the transcript (and exhibits thereto) as confidential.

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Confidential information within the deposition transcript may be designated by
underlining the portions of the pages that are confidential and marking such pages with
the following legend: “CONFIDENTIAL.” Until individual designation is mutually agreed
by the parties, the deposition will be treated as subject to protection against disclosure
under this Order.
6.

Confidential Information at Trial. Subject to the applicable Rules of

Evidence, stamped confidential documents and other confidential information may be
offered in evidence at trial or any Court hearing. Any party may move the Court for an
Order that the evidence be received in camera or under other conditions to prevent
unnecessary disclosure. The Court will then determine whether the proffered evidence
should continue to be treated as confidential information and, if so, what protection, if
any, may be afforded at the trial.
7.

Subpoena by Other Courts or Agencies. If another Court or an

administrative agency subpoenas or orders production of stamped confidential
documents which a party has obtained under the terms of this Order, such party shall
promptly notify the party or other person who designated the document as confidential
of the pendency of such subpoena or Order. The party or other person who designated
the document as confidential shall then be permitted to challenge the subpoena or
Order at its own expense.
8.

Filing. Confidential documents may, under appropriate circumstances, be

filed with the Court. If filed with the Court, they shall be filed under seal in accordance

Local Rule 7.2
with the applicable rules of civil procedure and shall remain sealed while in the office of

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the Clerk as long as they retain their status as stamped confidential documents. To the
extent possible, the Parties shall redact from documents designated “confidential”
material not relevant to the subject matter of the filing. For example, unrelated prior
medical history shall be redacted from documents filed with the Court.
9.

Client Consultation. Nothing in this Order shall prevent or otherwise

restrict counsel from rendering advice to their clients and, in the course thereof, relying
generally on examination of stamped confidential documents; provided, however, that in
rendering such advice and otherwise communicating with such client, counsel shall not
make specific disclosure of any item so designated except pursuant to the procedures
of Section 2 above.
10.

Use. Persons obtaining access to stamped confidential documents under

this Order shall comply with this Order and shall use the information exclusively for
preparation and evaluation of this case during litigation (including appeals and retrials).
Any person or entity who chooses to receive information under this Protective Order
agrees that such information will not be provided to nonparties for use in other litigation
or for use in claims or adjustment bureaus, by underwriting, or any other entities or
persons except those as specifically noted above.
11.

Non-Termination. The provisions of this Order shall not terminate at

the conclusion of these actions. Within one-hundred twenty (120) days after final
conclusion of all aspects of this litigation, stamped confidential documents and all
copies of same (other than exhibits of record) shall be destroyed. If any stamped

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confidential documents are discovered after this 120-day period, the documents shall be
destroyed as soon as practicable.
12.

Modification Permitted. Nothing in this Order shall prevent any party or

other person from seeking modification of this Order or from objecting to discovery that
it believes to be otherwise improper.
13.

Responsibility of Attorneys. The attorneys of record are responsible for

employing reasonable measures to control, consistent with this Order, duplication of,
access to, and distribution of copies of stamped confidential documents. Parties shall
not duplicate any stamped confidential document except working copies, in accordance
with Section 2 above, and/or for filing in Court under seal. The attorneys of record are
responsible for ascertaining that, at the conclusion of this litigation, all retained experts
and/or consultants to whom confidential information has been disclosed or disseminated
have destroyed all documents and other materials, and copies thereof, produced
pursuant to this Order.
14.

Record keeping. Nothing in this Order is intended to interfere with or

alter the record keeping obligations or policies of the firm for any attorney of record, the
insurer for any party involved in this litigation, and/or any party. Copies of confidential
documents may be maintained in accordance with applicable record keeping obligations
or policies of the firm for any attorney of record, the insurer for any party involved in this
litigation, and/or any party so long as they are not disclosed or disseminated to a third
party.
April
24th
DATED this _______ day of ___________, 2015.

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BY THE COURT:

The Honorable Craig Shaffer
Magistrate Judge

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WE AGREE AND MOVE:
DATED this 22nd day of April, 2015.

s/ Thomas D. Neville
Murray Ogborn
Thomas D. Neville
OGBORN MIHM, L.L.P.
1700 Broadway, Suite 1900
Denver, CO 80290
PHONE: [phone]

s/ Joan S. Allgaier
Joan S. Allgaier
Deanne McClung
HALL & EVANS, L.L.C.
1001 17th Street, Suite 300
Denver, Colorado 80202
[phone]

Attorneys for Plaintiff
Attorneys for Defendant SkyWest Airlines,
Inc.

CERTIFICATE OF SERVICE
The undersigned certifies that on this 22nd day of April, 2015, a true and correct
copy of the foregoing STIPULATED PROTECTIVE ORDER electronically filed with the
Clerk of the Court using the CM/ECF system which will send notification of such filing to
the parties at the following e-mail address:
Murray Ogborn, Esq.
[e-mail]
Thomas D. Neville, Esq.
[e-mail]

s/ Corine Carter

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