Jenkins v. Gazelle Transportation, Inc.

Filing 18

PROTECTIVE ORDER, by Magistrate Judge Kathleen M. Tafoya on 5/7/15. (morti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 1:15-cv-00267-KMT
KELLY JENKINS
Plaintiff,
v.
GAZELLE TRANSPORTATION, INC.
Defendant.

PROTECTIVE ORDER
Pursuant to the parties’ Joint Motion for Entry of Stipulated Protective Order, the parties
agree and the Court finds pursuant to Fed. R. Civ. P. 26(c) good cause exists to support the entry
of a protective order to protect the discovery and dissemination of certain information deemed
confidential by one of the parties. This Protective Order will expedite the disclosure of
information and production of documents protected by privilege or statutes, preserve the
confidentiality of such information, protect privacy interests of parties and non-parties, and help
to avoid potential discovery disputes related to information that is designated confidential. The
parties agree and the Court hereby Orders as follows:
1.

This Protective Order shall apply to all documents, materials, and information,

including without limitation, documents produced, answers to 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.

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2.

As used in this Protective Order, “document” is defined as designated in Fed. R.

Civ. P. 34(a)(1)(A). A draft or non-identical copy is a separate document within the meaning of
this term.
3.

One who provides, serves, discloses or files any nonpublic documents or

information in connection with this civil action must first have the documents or information
reviewed by a party’s counsel, who will certify that the designation as confidential is based on a
good faith belief that the information is confidential or otherwise entitled to protection under
Fed.R.Civ.P. 26(c)(1), and who in good faith believes such documents or information contains
(a) personnel information concerning employees other than the Plaintiff or (b) proprietary
business information of the Defendant, or (c) information containing industry trade secrets, (d)
information relating to Plaintiff concerning personal matters not generally known to the public,
such as, but not limited to, income information, medical information, and information regarding
contacting prospective employers, (e) information regarding Defendant’s customers, vendors,
personnel, and operations; or (f) financial information including, but not limited to, tax returns,
financial statements, bank records and billing records that were not previously available to the
opposing party and are produced in this action, may designate such documents or information as
“Confidential.” Parties and attorneys designating documents as “Confidential” represent that
such documents contain information in which there is a legitimate interest to be protected as
referenced in D.C.Colo.L.Civ.R. 7.2(c). The documents or information so designated shall be
deemed “Confidential Material” subject to this Protective Order.
4.

Confidential Material shall be subject to the following restrictions. Confidential

Material shall be used only for the limited purpose of preparing for and conducting this civil
action (including any appeals), and not for any other purpose whatsoever, and shall not, without

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the consent of the party producing it or further Order of the Court, be disclosed in any way to
anyone except those specified in this paragraph:
(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 for trial,
or at other proceedings in this case;

(c)

the parties and designated representatives of the Defendant;

(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;

(e)

the Court and its employees (“Court Personnel”);

(f)

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

(g)

deponents, witnesses, or potential witnesses who execute the attached
Exhibit A;

(h)

and, other persons by written agreement of the parties who execute the attached
Exhibit A.

5.

No Confidential Material shall be disclosed to anyone other than the persons

listed in paragraphs 4(a)-(f) above until said person first signs an acknowledgement with respect
to the confidentiality of such information in the form attached hereto as Exhibit A. Prior to
disclosing any Confidential Material to any person other than those listed in paragraph 4(a)-(f)
above, counsel shall inform such person of this Protective Order and provide such person with a
copy of Exhibit A to be signed acknowledging that he or she has knowledge of this Protective

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Order and agrees to be bound by its provisions. All such signed acknowledgments shall be
retained by counsel and shall be subject to in camera review by the Court if good cause for
review is demonstrated by counsel.
6.

This Protective Order shall not prohibit or restrain any party from performing the

tasks necessary to prepare for trial. Any disclosure or communication of the information covered
by this Protective Order, except as specifically allowed by this Protective Order for the purposes
of this litigation only, is strictly prohibited. The object of this Protective Order is that none of the
information revealed in connection with such protections be used for any purpose other than in
relation to this litigation and that no one be allowed to use any information produced pursuant to
this order in connection with any other issue, dispute, litigation or charge against any of the
parties whether currently pending or contemplated in the future.
7.

No reproduction of information disclosed in reliance on this Protective Order is

authorized, except to the extent copies are required to prepare the case for trial. All copies,
excerpts, or summaries made, shown, or given to those authorized hereby and according to the
provisions hereof shall be stamped to indicate the protected and confidential nature of the
disclosed information. Review of Confidential Material by counsel, experts or consultants for the
litigation will not constitute any waiver of the confidentiality of the document or of any
objections to production. The inadvertent, unintentional or in camera disclosure of Confidential
Material shall not, under any circumstances, be deemed a waiver, in whole or in part, of any
claims of confidentiality.
8.

Counsel to the parties are required to advise, instruct and supervise all associates,

staff and employees of counsel to keep designated Confidential Material confidential in the
strictest possible fashion. Counsel and the parties also agree to such treatment of the information

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by themselves, and counsel will appropriately instruct their clients as to the protected nature of
the information produced pursuant to this Order and the limitations on its use and disclosure.
9.

Documents are designated as Confidential Material by placing or affixing on them

(in a manner that will not interfere with their legibility) the following or other appropriate notice:
“CONFIDENTIAL.”
10.

Whenever a deposition involves the disclosure of Confidential Material, the

deposition or portions thereof shall be designated as Confidential and subject to this Protective
Order. Such designation shall be made on the record during the deposition, but a party may
designate portions of depositions as Confidential after transcription, provided written notice of
the designation is promptly given to all counsel of record within thirty (30) days after notice by
the court reporter of the completion of the transcript. The cover page and those portions of the
original transcripts that contain Confidential Material shall bear the legend “CONFIDENTIAL—
SUBJECT TO PROTECTIVE ORDER.”
11.

A party may object to the designation of particular documents as Confidential

Material by giving written notice to the party designating the disputed information. The written
notice shall identify the information to which 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 to file an appropriate motion
within ten (10) additional business days 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 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 ten (10) business days of the original objection, the disputed information shall

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lose its designation as confidential and shall not thereafter be treated as confidential in
accordance with this Protective Order. In connection with any motion filed under this provision,
the party designating the information as confidential shall bear the burden of establishing that
good cause exists for the disputed information to be treated as confidential.
12.

The parties agree and stipulate that upon conclusion of the litigation, the receiving

attorney will instruct his/her client to return to the attorney or destroy all Confidential Material
which may have been received by the client during litigation. The receiving attorney may retain
a single electronic copy of Confidential Material in order to fulfill his/her duties under Colorado
RPC 1.16. The attorney’s retained copy will be maintained in the same secure manner as other
client files held by the receiving attorney. All other copies will either be returned to the
providing party or destroyed by the receiving party.
13.

Confidential Material shall not be filed with the clerk except when required in

connection with this action, and it shall be the responsibility of the party filing any such
Confidential Material to file a motion to restrict pursuant to L.R.Civ.P 7.2(c) with the Court
simultaneously with the filing of the Confidential Material.
14.

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.
15.

Nothing in this Protective Order shall prevent any party or other person from

seeking modification of this Order or from objecting to discovery that the party or other person

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believes to be improper. Nothing in this Protective Order shall prejudice the right of any party to
contest the alleged relevancy, admissibility, or discoverability of Confidential Material.
Dated this 7th day of May, 2015.

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 1:15-cv-00267-KMT
KELLY JENKINS
Plaintiff,
v.
GAZELLE TRANSPORTATION, INC.
Defendant.

EXHIBIT A TO PROTECTIVE ORDER: CONFIDENTIALITY AGREEMENT

I,

, the undersigned, hereby acknowledge that I have been informed

that a Protective Order issued by the Court in the above captioned civil action requires
confidentiality with respect to information designated as “CONFIDENTIAL” in this case.
Therefore, I agree to keep all such information and materials strictly and absolutely confidential,
and in all other respects to be bound by the terms of the Protective Order.
My current address and telephone number is:

Signature:

Date:

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