Federated Mutual Insurance Company v. Enright et al

Filing 22

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 6/26/15. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 1:15-cv-00551-WYD-KMT
FEDERATED MUTUAL INSURANCE COMPANY,
Plaintiff,
v.
MICHAEL ENRIGHT and AAA SERVICE PLUMBING,
INC.,
Defendants.
________________________________________________________________________
PROTECTIVE ORDER
________________________________________________________________________

For the sole purpose of avoiding discovery disputes and expediting the filing and
resolution of dispositive motions pertaining to insurance coverage issues in this matter,
and without waiving any of its objections, including as to relevance, the Plaintiff,
Federated Mutual Insurance Company (“Federated”) has agreed to voluntarily produce
non-privileged documents from (1) its claim file pertaining to an accident the Defendant,
Michael Enright, was involved in on August 25, 2013 – Federated’s Loss Number
246998; and (2) its underwriting file pertaining to Federated Policy Number 9052386
issued to the Defendant, AAA Service Plumbing, Inc. (“Triple A”). These files consist of
confidential information including, but not limited to, trade secrets, personal, business
and/or financial information relating to both parties.

Therefore, 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 ORDERED:
1. This Protective Order shall apply to all documents and information produced by
Federated from (1) its claim file pertaining to an accident the Defendant, Michael
Enright, was involved in on August 25, 2013 – Federated’s Loss Number 246998; and (2)
its underwriting file pertaining to Federated Policy Number 9052386 issued to the
Defendant, Triple A. (collectively, the “Protected Discovery Material”)
2. The Protected Discovery Material is confidential and implicates common law
and statutory privacy interests of one or more of the parties and/or their current or former
agents, servants or employees.
3. The Protected Discovery Material shall be designated “CONFIDENTIAL,” and
shall not be disclosed or used for any purpose except the preparation and trial of this case.
4. 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.”
5. The Protected Discovery Material 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 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, at trial, or at other proceedings in this case;
(c) the parties, including designated representatives for the Plaintiff;
(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 reporters who are engaged in proceedings necessarily incident to
the conduct of this action;
(g) deponents, witnesses, or potential witnesses; and
(h) other persons by written agreement of the parties.
6. Prior to disclosing any Protected Discovery Material to any person listed above
(other than counsel, persons employed by counsel, Court Personnel and stenographic
reporters), counsel shall provide such person with a copy of this Protective Order and
obtain from such person a written acknowledgment 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.

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7. Whenever a deposition involves the disclosure of Protected Discovery Material,
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 all counsel of record within thirty (30) days after notice
by the court reporter of the completion of the transcript.
8. 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 file an appropriate motion 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 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

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as CONFIDENTIAL shall bear the burden of establishing that good cause exists for the
disputed information to be treated as CONFIDENTIAL.
9. If any confidential material is filed with the Court, including any pleading
incorporating confidential material, the portion of such filing containing confidential
material shall be filed under seal.
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 shall
be returned to the party that designated it CONFIDENTIAL, or the parties may elect to
destroy

CONFIDENTIAL

documents.

Where

the

parties

agree

to

destroy

CONFIDENTIAL documents, the destroying party shall provide all parties with an
affidavit confirming the destruction.
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.
IT IS SO ORDERED.
Entered on this 26th day of June, 2015.

10373266.1

Kathleen M. Tafoya
United States Magistrate Judge

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