Tobias et al v. Trans Union, LLC. et al
Filing
22
Agreed PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 7/30/2015. (slibi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:15-cv-00664-CMA-MEH
RUSSELL TOBIAS, and
WILLIAM LEOPARD,
Plaintiffs,
v.
TRAN UNION, LLC, and
BANK OF AMERICA, N.A.,
Defendants.
AGREED PROTECTIVE ORDER
It is ORDERED that the parties herein comply with the provisions of this Order set forth
below.
Russell Tobias and William Leopard have filed this lawsuit (the “Litigation”) against
Defendants Trans Union LLC and Bank of America, N.A., (“Defendants”), alleging that Defendants
are liable to Plaintiffs for damages resulting from alleged violations of the Fair Credit Reporting Act,
15 U.S.C. § 1681 et seq. In connection with the Litigation, Plaintiffs have sought discovery or
testimony regarding certain of Defendants’ confidential and proprietary trade secrets and other
business information and Defendants have sought discovery or testimony regarding the personal
identifying information of Plaintiffs (herein after collectively referred to as the “Confidential
Information”).
As a means of avoiding continued dispute with respect to any Parties’ requests for the
Confidential Information, the Parties have agreed to produce certain Confidential Information
pursuant to the terms of this Order.
1
All Confidential Information shall only be utilized by the Parties in connection with the
Litigation and in accordance with the terms and conditions of this Order.
The Parties shall have the right to designate as Confidential Information any part or the
whole of any answers to discovery, answers to interrogatories, answers to requests for admission,
deposition transcripts, responses to production requests, documents, expert reports, disclosures,
exhibits, trial or deposition testimony or other information that the Parties deem to be
confidential. Any document, discovery, testimony, or other information that the Parties have
designated as Confidential Information shall constitute Confidential Information, both in form
and substance.
The Confidential Information provided by any of the Parties shall be used strictly in
accordance with the terms in this Order. At no time shall the Confidential Information be
disclosed to or used by any person, corporation, or entity in competition with or against any of
the Parties.
The Parties may designate any document, discovery, or other information as Confidential
Information by an appropriate marking that prominently displays the words “Confidential” or
“Confidential Information”. Deposition or trial testimony can be designated by the Parties as
Confidential Information. Such designation will be made on the record if possible, but the Parties
can designate portions of such testimony as Confidential Information by providing written notice
of such designation to the opposing Parties within thirty (30) days of receipt of the transcribed
testimony by counsel. Until thirty (30) days after receipt of the transcribed testimony, such
testimony shall be treated by the Parties as Confidential Information.
2
The Parties, their attorneys, or any one else acting on their behalf shall take such
precautions with the Confidential Information as are necessary to strictly maintain its
confidentiality and comply with the terms of this Order.
Unless otherwise ordered by the Court, or agreed to in writing by the Parties, information
designated by any of the Parties as Confidential Information shall not be revealed to any person
or entity except: (i) the parties, their attorneys and their attorneys’ support staff employees who
perform work tasks related to this case; (ii) qualified persons taking testimony involving such
material and necessary stenographic and clerical personnel; and (iii) expert witnesses and their
staff employed for this litigation after such experts have signed the acknowledgment attached as
Exhibit A; (iv) present or former employees of the producing party in connection with their
depositions in this action, including witnesses produced pursuant to Fed. R. Civ. P. 30(b)(6);
(v) witnesses who are deposed in this action or who are called to testify as witnesses at any
hearing in this action, but only in preparation for the deposition or hearing and only as to such
material in which the witness is identified as an originator, author, addressee, or recipient of the
original or a copy; (vi) outside professional vendors that provide litigation support services, such
as photocopying, imaging, videotaping, exhibit preparation, etc. after such vendors have signed
the acknowledgment attached as Exhibit A, and (vii) the Court, Court personnel, and members of
any jury impaneled to hear this case.
In the event the Parties intend to file Confidential Information with the Court, they shall
file it under seal pursuant to the requirements of Court for filing documents under seal.
In the event a Party disagrees with the designation of Confidential Information, the
Parties shall first try to resolve the disagreement in good faith on an informal basis, such as the
production of redacted copies. In the event such a dispute cannot be resolved by agreement, a
3
Party may move the Court for modification of this Order, no later than fourteen (14) days after
the objection to the designation has been raised. It shall be the obligation of the designating party
to prepare and present the motion. If such a motion is not brought within fourteen (14) days, then
the designation of Confidential Information in dispute shall be effectively withdrawn. The
Confidential Information designation shall be maintained pending disposition of such a motion.
This Order shall govern pretrial proceedings only, and nothing set forth herein prohibits
the use at trial of any Confidential Information or affects the admissibility of any evidence. The
procedures to govern the use and disclosure of Confidential Information and the redaction of any
“Confidential” or “Confidential Information” designation may be the subject of further
agreement of the Parties or order of the Court.
Nothing herein shall be construed as limiting a Party’s use of its own Confidential
Information and such use shall not constitute a waiver of the terms of this Order or the status of
such information as Confidential Information. Any of the Parties can remove their designation of
Confidential Information from any information it has previously so designated.
The Parties cannot use or disclose any Confidential Information in any pretrial court
proceeding that is open to persons not authorized to have access to such Confidential Information
under the terms of this Order. This provision does not limit the right of any of the Parties to
submit any Confidential Information to the Court under seal as described above.
Third parties who are the subject of discovery requests, subpoenas or depositions in this
case may take advantage of the provisions of this Protective Order by providing Plaintiffs and
Defendants with written notice that they intend to comply with and be bound by the terms of this
Protective Order.
4
Within sixty (60) days after the final resolution of the Litigation, including any appellate
proceeding, the Parties agree to return to opposing counsel the original and any copies of any
Confidential Information produced or certify the destruction of any non-work product
Confidential Information
SO ORDERED this 30th day of July, 2015, in Denver, Colorado.
BY THE COURT:
Michael E. Hegarty
United States Magistrate Judge
5
AGREED:
/s/ David M. Marco
DAVID M. MARCO (IL Bar No. 6273315)
dmarco@smithmarco.com
LARRY P. SMITH
lsmith@smithmarco.com
SMITHMARCO P.C.
205 North Michigan Ave., Ste 2940
Chicago, IL 60601
(312) 546-6539
(888) 414-1277 Fax
Counsel for Plaintiffs
/s/ Cynthia D. Lowery-Graber
CYNTHIA DAWN LOWERY-GRABER
cynthia.lowery-graber@bryancave.com
BRYAN CAVE LLP
1700 Lincoln St., Ste 4100
Denver, CO 80203-4541
(303) 866-0331
(303) 335-3931 Fax
Counsel for Bank of America, N.A.
/s/ Kelly A. Hensley
KELLY A. HENSLEY
kelly.hensley@strasburger.com
Texas Bar No. 24055656
STRASBURGER & PRICE LLP
2801 Network Boulevard, Suite 600
Frisco, TX 75034
469-287-3925
469-305-4298 (Fax)
and
BENTON BARTON
bartonb@hallevans.com
Colorado Bar No. 30760
HALL & EVANS, LLC
1001 Seventeenth Street, Suite 300
Denver, CO 80202
(303) 628-3300
(303) 628-3368 Fax
Counsel for Trans Union LLC
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EXHIBIT A
The
undersigned
has
read
and
understands
the
terms
of
the
Agreed
Protective/Confidentiality Order effective in this case, Russell Tobias, et al v. Trans Union LLC,
et al , Civil Action No. 1:15-cv-00664-CMA-MEH, which is currently pending in the United
States District Court for the District of Colorado, Denver Division. The undersigned agrees (i) to
abide by the terms of the Agreed Protective/Confidentiality Order; (ii) not to use or divulge,
under penalty of law, any documents, materials or other information covered by the Agreed
Protective/Confidentiality Order, including Confidential Information, except as permitted by the
terms of the Agreed Protective/Confidentiality Order; and (iii) to submit to the jurisdiction of the
United States District Court for the District of Colorado, Denver Division for resolution of any
issues arising under the Agreed Protective/Confidentiality Order.
Dated:
Signed:
Printed:
7002103.1/SP/83057/1890/070815
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