Hiatt v. Colorado Seminary et al

Filing 23

STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 4/29/15. (jdyne, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 1:15-cv-00192-RBJ-CBS
TAWNY HIATT,
Plaintiff,
v.
COLORADO SEMINARY, a Colorado Nonprofit Corporation,
ALAN KENT, and
JACARANDA PALMATEER,
Defendants.

STIPULATED PROTECTIVE ORDER
Under Rule 26(c) FED. R. CIV. P., IT IS ORDERED:
1.

This Stipulated Protective Order shall apply to all documents, materials

and information, including without limitation, documents produced, answers to
interrogatories, responses to requests for admission, depositions and other information
disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of
Civil Procedure.
2.

As used in this Stipulated Protective Order, “document” is defined as

provided in Rule 34(a), FED. R. CIV. P. A draft or non-identical copy is a separate
document within the meaning of this term.
3.

Confidential documents, materials, and information (collectively, the

“Confidential Information”) shall not be disclosed or used for any purpose except the

preparation and trial of this case. The duty to keep confidential information confidential
survives the completion of this case.
4.

Pursuant to Judge R. Brooke Jackson’s Practice Standards, the parties

seek to restrict public access to certain types of confidential information. To the extent
that such information cannot be filed in a redacted format, the parties agree to
designate as “Confidential” documents containing the following information: (1) Social
Security numbers, financial account numbers, residential addresses, and cellular phone
numbers; (2) medical information regarding Plaintiff Tawny Hiatt (“Plaintiff”), Defendant
Alan Kent, and/or Defendant Jacaranda Palmateer; (3) trade secrets and confidential
proprietary information of Defendant Colorado Seminary (“DU”) and its affiliates or
subsidiaries. As a condition of designating documents for confidential treatment, the
documents must be reviewed by a lawyer and a good faith determination must be made
that the documents are entitled to protection.
5.

A party designating documents as Confidential Information may do so by

marking such material with the legend "Confidential."
6.

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 Stipulated 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 is

2

promptly given to all counsel of record within thirty (30) days after notice by the court
reporter of the completion of the transcript.
7.

In addition to the information to which the parties seek to restrict public

access, Confidential Information may include, but is not limited to, sensitive and nonpublic information and records concerning compensation, employee duties and
performance, employee discipline and promotions, personnel decisions and other
documents related to the Plaintiff’s employment with Defendant, and Defendant’s
general business practices, financial matters, and technical, strategic or other
proprietary business information. All Confidential Information designated “Confidential”
may be reviewed only by the following persons (subject to Paragraph 10 of this Order):
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 of the case, at trial, or at other
proceedings in this case;

c.

the parties, including Plaintiff, Defendants and DU’s Board of
Directors, officers, management, and any advisory witnesses who
are directly assisting said attorneys in the preparation of this case;

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;
3

e.

the Court, jurors and/or Court staff in any proceeding herein;

f.

stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;

g.
h.
8.

deponents, witnesses or potential witnesses; and
other persons by written agreement of the parties.

A party may object to the designation of particular Confidential Information

by giving written notice to the party that designated the disputed information and all
other parties to the civil action. 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 Information to schedule a mutually
convenient time for a telephone conference with the Court as discussed in the Court’s
Practice Standards in order to request that the Court determine whether the disputed
information should be subject to the terms of this Stipulated Protective Order. If
contact with the Court is timely made, the disputed information shall be treated as
Confidential Information under the terms of this Stipulated Protective Order until the
Court rules on the issue. If the designating party fails to contact the Court within the
prescribed period, the disputed information shall lose its designation as Confidential
Information and shall not thereafter be treated as Confidential Information in
accordance with this Stipulated Protective Order. In connection with a motion filed
under this provision, the party designating the information as Confidential Information
4

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

Any request to restrict access must comply with the requirements of

D.C.COLO.LCivR 7.2.
10.

At the conclusion of this case, unless other arrangements are agreed

upon, each document and all copies thereof which have been designated as
Confidential Information shall be destroyed or preserved by counsel in a manner which
is fully consistent with the terms of this Stipulated Protective Order. At the end of the
litigation (including any appeals), counsel will not be required to return the material.
11.

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.
DATED this 29th day of April, 2015.

BY THE COURT:

____________________________________
R. Brooke Jackson, District Court Judge

5

APPROVED:

s/ Charlotte N. Sweeney
Charlotte N. Sweeney
Ariel B. DeFazio
Sweeney & Bechtold LLC
650 S. Cherry St., Ste 650
Denver, Colorado 80246
[e-mail]
[e-mail]
Telephone: [phone]

s/ Jim Goh
Jim Goh
Dawn Amos
Constangy Brooks, Smith & Prophete LLP
1625 17th St., 3rd Floor
Denver, CO 80202
[e-mail]
[e-mail]
Telephone: [phone]

Attorneys for Plaintiff

Attorneys for Defendants

6