Kaufman v. University of Colorado at Boulder et al

Filing 25

PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 5/6/15. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-406-LTB-NYW

DANIEL P. KAUFMAN,
Plaintiff,

v.
UNIVERSITY OF COLORADO AT BOULDER,
through its Board, the Regents of the University of Colorado; PHILLIP
DISTEFANO, in his Official Capacity; DR. ANDREW COWELL; DR. RUSSELL
MOORE; BRONSON HILLIARD; and DR. STEVEN LEIGH,
Defendants.

STIPULATED PROTECTIVE ORDER

Under Rules 26(c) and 26(c)(7), Fed. R. Civ. P., upon a showing of good cause
in support of the entry of a protective order to protect the discovery and dissemination of
confidential and proprietary information or information which will improperly annoy,
embarrass, or oppress any party, witness, or person providing discovery in this case, IT
IS ORDERED:
1.
information,

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

2.

As used in this Protective Order, the term "document" is defined as

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

Information designated "CONFIDENTIAL" shall be information that is

confidential, including but not limited to personnel information regarding employees of a
party to this litigation, the Plaintiff's and/or other information which is entitled to
protection under Fed.R.Civ.P. 26(c). As a condition of designating information

as

CONFIDENTIAL, the information must be reviewed by a lawyer who must make a good
faith determination that the information is entitled to protection, and designating the
information as CONFIDENTIAL

represents the attorney's

certification

of this

determination. The parties acknowledge that any designation of information as
CONFIDENTIAL must meet the requirements of Fed.R.Civ.P. 26(g). By stipulating to
the form of this Protective Order, no party waives his/its right to object to the production
or disclosure of particular CONFIDENTIAL information or concedes that another party
has shown a compelling need for discovery of particular CONFIDENTIAL information.
4.

CONFIDENTIAL information shall not be disclosed or used for any

purpose except for the preparation for and trial of this case. The duty to keep
CONFIDENTIAL information confidential survives the completion of this case.

5.

CONFIDENTIAL documents, materials, and/or information (collectively

"CONFIDENTIAL information") shall not, without the consent of the party producing it or
further Order of the Court, be disclosed except that such information may be disclosed
to:

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(a)

attorneys actively working on this civil action;

(b)

persons regularly employed or associated with the attorneys
actively working on this civil action whose assistance is required by
said attorneys in the preparation for trial, at trial, or at other
proceedings in this civil action;

(c)

the parties;

(d)

the claims counsel or representative of any insurer of any party to
this action;

(e)

expert witnesses and consultants retained in connection with this
civil action, to the extent such disclosure is necessary for
preparation, trial, or other proceedings in this civil action;

(f)

the Court and its employees ("Court Personnel");

(g)

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

(h)

deponents, where there is a good faith belief that the deponent has
prior knowledge of the CONFIDENTIAL information or by
agreement of the parties;

(i)
U)

jurors and copying services; and

(k)
6.

trial witnesses;

other persons by written agreement of the parties.

Prior to disclosing any CONFIDENTIAL information to persons listed in

subparagraphs 5(c), 5(d), 5(e), 5(g), 5(h) or 5(k), counsel shall provide such person with
a copy of this Protective Order and obtain from such person a written acknowledgment

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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 and shall be subject
to in camera review by the Court if good cause for review is demonstrated by opposing
counsel. Other exceptions to the requirement of written acknowledgment may be made
by written agreement of the parties.
7.
every

Documents are designated as CONFIDENTIAL by stamping each and

page to

be

designated

CONFIDENTIAL

with

the

applicable

legend

"CONFIDENTIAL."
8.

No copies of CONFIDENTIAL information may be made except by or on

behalf of counsel in this litigation, and such copies may be made and used solely for
purposes of litigation.
9.

During the pendency of this litigation, counsel shall retain custody of

CONFIDENTIAL information and copies made therefrom pursuant to paragraph 8
above.
10.
must move

Any party that wishes to file CONFIDENTIAL information with the Court
the Court to

file such information under restriction pursuant to

D.C.COLO.LCivR 7.2 unless the designating party agrees in writing that the information
may be filed without restriction.
11.

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

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'

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I

written notice of the designation is promptly given to all counsel of record within fourteen
(14) days after notice by the court reporter of the completion of the transcript.
12.

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 designating the information as
CONFIDENTIAL to initiate the c o u r t Magistrate Judge's procedures for discovery
disputes, including, if permitted, the filing of an appropriate motion requesting that
the Court determine whether the disputed information should be subject to the terms
of this Protective Order. If such discovery dispute procedures are timely initiated and
the appropriate motions are filed pursuant to D.C.COLO.LCivR 7.2, the disputed
information shall be treated as CONFIDENTIAL under the terms of this Protective Order
until the Court rules on a permitted motion or the dispute is otherwise resolved by
agreement of the parties. 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 shall bear the burden of establishing
that good cause exists for the disputed information to be treated as CONFIDENTIAL.
13.

Following the conclusion of the case, counsel for the parties may return or

destroy the CONFIDENTIAL information or may retain the CONFIDENTIAL information
subject to the terms of this Protective Order.

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14.

If any person receiving and in possession, custody, or control of

CONFIDENTIAL information is served with a subpoena, demand, or any other legal
process seeking CONFIDENTIAL information by someone not a party to this action, the
receiving person shall give prompt written notice, by hand or email transmission, within
forty-eight (48) hours of its receipt of such subpoena, demand or legal process, to the
designating party. The designating party shall be solely responsible for seeking any
relief or protection from any subpoena,

demand, or legal process seeking

CONFIDENTIAL information and shall also be solely responsible for its costs and
attorney's fees in any proceedings relating to such subpoena, demand, or legal process.
15.

The parties agree that the inadvertent disclosure of any document which is

subject to a legitimate claim that the document should have been withheld from
disclosure as subject to the attorney-client privilege or attorney work product doctrine
shall NOT waive any privilege or other applicable protective doctrine for that document
or for the subject matter of the inadvertently disclosed information, if the producing
party, upon becoming aware of the disclosure, promptly requests its return. The
inadvertent disclosure shall also not estop that party or the privilege holder from
designating the information or document as attorney-client privileged or subject to the
work product doctrine at a later date.
16.

By agreeing to the entry of this Protective Order, the parties adopt no

position as to the authenticity or admissibility of documents produced subject to it.
17.

Nothing in this Protective Order shall preclude any party from filing a

motion seeking further or different protection from the Court under Rule 26(c) of the

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Federal Rules of Civil Procedure, or from filing a motion with respect to the manner in
which CONFIDENTIAL information shall be treated at trial.
18.

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 6th day of May, 2015.
BY THE COURT:

s/ Nina Y. Wang
United States Magistrate Judge

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sf David Temple
Seth . Benezra, Esq.
John A. Culver, Esq.
BENEZRA & CULVER, P.C.
633 17th Street, Suite 1310
Denver, CO 80202
[phone]
[e-mail]
[e-mail]
Counsel for Plaintiff

David Temple, Esq.
Senior Associate University Counsel
OFFICE OF UNIVERSITY COUNSEL LITIGATION
University of Colorado
1800 Grant St., Suite 800
Denver, CO 80202
[phone]
[e-mail]
Counsel for University/Philip DiStefano

sf Thomas S. Rice

sf Cathy Havener Greer

Thomas S. Rice, Esq.
SENTER GOLDFARB & RICE, LLC
3900 E. Mexico Ave., Suite 700
Denver, CO 80210
[phone]
[e-mail]
Counsel for Moore/Hilliard/Leigh

Cathy Havener Greer
WELLS, ANDERSON & RACE, LLC
1700 Broadway, Suite 1700
Denver, CO 80290
Email: [e-mail]
Counsel for Cowell

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Exhibit A to Protective Order
STATE OF - - - - - - -

)

COUNTY OF - - - - - -

)

I,

) SS.

, being first duly sworn, state that:

1.
I have received a copy of the Protective Order in the case of Daniel
Kaufman v. University of Colorado, et al., United States District Court for the District of
Colorado case number 15-cv-406.
2.
I understand that I can be held in contempt of court for violating the terms
of the Protective Order and I submit to the jurisdiction of the United States District Court
for the District of Colorado for purposes of enforcement of the Stipulated Protective
Order.
3.
I have carefully read and understand the provisions of the Protective
Order, and I will comply with all of its provisions.

Subscribed and sworn to before me this

day of

Notary Public

[seal]

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