Anselman v. HealthONE of Denver, Inc. et al
STIPULATED PROTECTIVE ORDER 16 filed by Plaintiff, Hedy Anselman and Defendants, HealthONE of Denver, Inc. and HCA-HealthONE LLC d/b/a Swedish Medical Center, by Judge Richard P. Matsch on 4/3/15. (ktera)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:15-cv-00129-RPM
HEALTHONE OF DENVER, INC. and
HCA-HEALTHONE LLC d/b/a SWEDISH MEDICAL CENTER
STIPULATED PROTECTIVE ORDER
CONCERNING CONFIDENTIAL INFORMATION
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:
This Protective Order shall apply to all documents, materials, and
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 and marked as “CONFIDENTIAL”
pursuant to the terms of this Protective Order.
As used in this Protective Order, the term “document” shall include,
without limitation, any electronic or hard copy emails, writings, drawings, graphs, charts,
photographs, phone records, and other data compilations from which information can be
See Fed. R. Civ. P. 34(a).
document within the meaning of this term.
A draft or non-identical copy is a separate
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law or statutory privacy interests of current or
former employees (including Plaintiff), representatives, or agents of Defendants
HealthONE of Denver, Inc. and HCA-HealthONE LLC d/b/a Swedish Medical Center
(“Swedish” or “Defendant”), or any of the subsidiaries or affiliates of Defendant,
including but not limited to: personnel information concerning current and former
employees of Defendant or Defendant’s contractor’s employees; information concerning
private personal matters not generally known to the public, such as, but not limited to,
tax returns and medical information; non-party employee addresses and social security
numbers; non-parties’ employment and compensation histories; non-party employee
performance evaluations and termination files; information containing industry or
Defendant’s trade secrets information; Defendant’s proprietary or non-public business
Defendant’s confidential, internal investigations; information relating to Defendant’s
investment, business and operational strategies, plans and corporate structure,
economic and market analyses, marketing strategies, client/project lists, financial
projections and cost information treated or considered by Defendant, by policy or
practice, to be confidential or proprietary. CONFIDENTIAL information shall not be
disclosed or used for any purpose except in the preparation and trial of this case
(including any appeal) in accordance with this Protective Order.
CONFIDENTIAL documents, materials, and/or information (collectively
“CONFIDENTIAL information”) shall not, without the consent of the party producing it
and the consent of the party claiming confidentiality (if that party is different from the
producing party) or further Order of the Court, be disclosed or made available in any
way to any person other than:
attorneys actively working on this case;
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;
the parties, including designated representatives for each;
expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for depositions, preparation, trial
or other proceedings in this case;
the Court and its employees (“Court Personnel”);
necessarily incident to the conduct of this action;
witnesses in the course of deposition or trial testimony where
counsel has a reasonable and good faith belief that examination with respect to the
document is necessary in legitimate discovery or trial purposes in this case, and any
person who is being prepared to testify where counsel has a reasonable and good faith
belief that such person will be a witness in this action and that his examination with
respect to the document is necessary in connection with such testimony; and
other persons by written agreement of all the parties.
Prior to disclosing any CONFIDENTIAL information to any person listed
above (other than the individuals listed in paragraphs 4(a) through 4(f)), counsel for the
disclosing party shall provide such person with a copy of this Protective Order and
obtain from such person a written acknowledgment (in the form attached hereto as
Exhibit A) 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 for the
disclosing party and shall be subject to in camera review by the Court if good cause for
review is demonstrated by either party.
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.”
Any information designated by a party as
CONFIDENTIAL must first be reviewed by the attorney making the designation who will
certify that the designation as CONFIDENTIAL is based on a good faith belief that the
information is CONFIDENTIAL or otherwise implicates common law or statutory privacy
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 opposing counsel within thirty (30)
days after notice by the court reporter of the completion of the transcript.
Production of any document or materials without a designation of
confidentiality or an incorrect designation will not be deemed to waive a later claim as to
its proper designation nor will it prevent the producing party from designating said
documents or material “CONFIDENTIAL” at a later date.
In the event that a non-party or another party produces documents that a
party wishes in good faith to designate as CONFIDENTIAL, the party wishing to make
that designation must do so within fifteen (15) business days of receipt, and identify the
CONFIDENTIAL document(s) or CONFIDENTIAL information by bates label or, where
not bates labeled, by document title and page number(s). The non-designating parties
shall thereafter mark the document or information in the manner requested by the
designating party and thereafter treat the document or information in accordance with
such marking. However, any use by the non-designating parties made before a postproduction designation will not be a violation of this Protective Order, and the postproduction designation will apply prospectively only and will not apply to any disclosure
made prior to the designation, so long at the non-designating party notifies the
designating party of the prior disclosure and otherwise comes into conformance with the
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 challenging the information’s
designation as CONFIDENTIAL to file an appropriate motion within thirty (30) days after
the conclusion of that 10-business day window requesting that the Court determine
whether the disputed information should be subject to the terms of this Protective Order.
If such a motion is not timely filed, the disputed information shall be treated as
CONFIDENTIAL under the terms of this Protective Order. If 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. In connection with a motion filed
under this provision, the party challenging the information as CONFIDENTIAL shall bear
the burden of establishing that good cause exists for the disputed information to be
designated as non-confidential.
Any request to restrict public access to materials designated as
CONFIDENTIAL pursuant to this Protective Order must comply with the requirements of
D.C.COLO.LCivR 7.2. In the event one party uses the other party’s information that has
been designated as CONFIDENTIAL in any pleading, motion, response, reply,
memorandum or any other filing with the Court, the party using the information
designated as CONFIDENTIAL will take all necessary steps, including those under
D.C.COLO.LCivR 7.2, to preserve the confidentiality of this information and comply with
At the conclusion of this case, and any appeal, 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
return CONFIDENTIAL documents, the returning party shall provide all parties a written
certification of counsel confirming that all CONFIDENTIAL documents have been
Where the parties agree to destroy CONFIDENTIAL documents, the
destroying party shall provide all parties with a written certification of counsel confirming
the destruction of all CONFIDENTIAL documents. This provision shall not preclude the
parties from maintaining for their records a secured electronic copy of any document
that is designated as CONFIDENTIAL in this case.
The terms of this Protective Order shall survive the termination of this
action and all protections of this Protective Order shall remain in full effect in perpetuity.
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.
STIPULATED TO AND APPROVED AS TO FORM this 2nd day of April, 2015.
s/Sarah M. Stettner
Sarah M. Stettner, #38943
Charles E. Grell, #41183
BROWNSTEIN HYATT FARBER
410 Seventeenth Street
Denver, CO 80202-4432
s/John Arthur Cimino
John Arthur Cimino
CIMINO & BENHAM, LLC
925 East 17th Avenue
Denver, CO 80218
Attorney for Plaintiff
Attorneys for Defendants HealthONE of
Denver, Inc. and HCA-HealthONE LLC
d/b/a Swedish Medical Center
DONE AND ORDERED this 3rd day of April, 2015
s/Richard P. Matsch
Richard P. Matsch, Senior Judge
AGREEMENT CONCERNING CONFIDENTIAL MATERIAL SUBJECT TO THE
I, the undersigned, hereby acknowledge I have read the Protective Order (the
“Order”) in Anselman v. HealthONE of Denver, Inc. d/b/a Swedish Medical Center et.
al., 1:15-cv-00129-RPM, United States District Court for the District of Colorado. In
consideration of being permitted to review confidential information, as described in the
Order, I agree to comply, and be bound by, the terms set out therein.
I hereby submit myself to the jurisdiction of the United States District Court for
the District of Colorado for the purpose of enforcement of the Order.
Full Name and Title
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