Dennis v. Aetna Life Insurance Company

Filing 45

Stipulation and PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 1/12/2016. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CIVIL ACTION NO. 1:15-cv-00705-REB-MEH
JESSLYN DENNIS,
Plaintiff,
vs.
AETNA LIFE INSURANCE COMPANY,
Defendant.

STIPULATION AND PROTECTIVE ORDER

Each Party and each Counsel of Record stipulate and move this Court for a
Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure
concerning the treatment of Confidential Information (as hereinafter defined), and,
as grounds therefore, state as follows:
1.

In this action, at least one of the Parties has sought and/or is seeking

Confidential Information (as defined in paragraph 2 below). The Parties assert the
disclosure of such information outside the scope of this litigation could result in
significant injury to one or more of the Parties’ and nonparties’ business or privacy
interests. The Parties have entered into this Stipulation and request this Court enter
the within Protective Order for the purpose of preventing the disclosure and use of
Confidential Information except as set forth herein.
2.

“Confidential Information” means any document, file, portions of files,

agreement, contract, or response to a discovery request – not made available to the

public – and designated by one of the Parties in the manner provided in paragraph 3
below as containing proprietary, confidential, private, and/or financial information
about business operations, procedures, or monetary arrangements or payments. This
includes information about contracts with other businesses and individuals and
information about their relationships and terms of agreement.

This also includes

information about financial arrangements and payments made to other businesses
and individuals.
3.

Where Confidential Information is produced, provided or otherwise

disclosed by a Party in response to any discovery request, it will be designated in the
following manner:
a.

By imprinting the word “Confidential” on the first page or cover
of any document produced; and

b.

By imprinting the word “Confidential” next to or above any
response to a discovery request.

4.

All Confidential Information provided by a Party in response to a

discovery request shall be subject to the following restrictions:
a.

It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever;

b.

It shall not be communicated or disclosed by any Party’s counsel
or a Party in any manner, either directly or indirectly, to anyone
except that such information may be disclosed to the following for
purposes of this case:

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Stipulation and Protective Order
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i.
ii.

Attorneys of record actively working on this case;
Persons regularly employed or associated with the
attorneys of record actively working on this case whose
assistance is required in preparation for proceedings in this
case;

iii.
iv.

The Court and its employees;
Stenographic reporters who are engaged in proceedings
necessarily incident to the conduct of this action; and

v.
5.

Other persons by written agreement of the Parties.

Individuals authorized to review Confidential Information pursuant to this

Protective Order shall hold Confidential Information in confidence and shall not
divulge the Confidential Information, either verbally or in writing, to any other person,
entity or government agency unless authorized to do so by court order.
6.

No copies of Confidential Information shall be made except by or on

behalf of counsel in this litigation and such copies shall be made and used solely
for purposes of this litigation.
7.

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

Confidential Information, and copies made therefrom pursuant to paragraph 6 above.
8.

If opposing counsel objects to the designation of certain information as

Confidential Information, he or she shall promptly inform the other Party’s counsel in
writing of the specific grounds of objection to the designation. All counsel shall then,
in good faith and on an informal basis, attempt to resolve such dispute. If after such

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Stipulation and Protective Order
Civil Action No. 1:15-cv-00705-REB-MEH

good faith attempt, all counsel are unable to resolve their dispute, objecting counsel
may move for a disclosure order consistent with this order. Any motion for disclosure
shall be filed within 14 days of receipt by disclosing counsel of notice of objecting
counsel's objection, and the information shall continue to have Confidential Information
status from the time it is produced until the ruling by the Court on the motion.
9.

Use of Confidential Information in Court Proceedings: In the event

Confidential Information is used in any court filing or proceeding in this action, it shall
not lose its confidential status as between the Parties through such use.
Confidential Information and pleadings or briefs quoting or discussing Confidential
Information will not be accepted for filing under restricted access or otherwise kept
out of the public record in this action, however, except by court order issued upon
motion of the Party seeking to maintain the documents under restricted access. Any
motion requesting leave to file documents under restricted access shall comply with the
requirements of D.C.COLO.LCivR 7.2.
10.

The termination of this action shall not relieve counsel or other persons

obligated hereunder from their responsibility to maintain the confidentiality of
Confidential Information pursuant to this Protective Order, and the Court shall retain
continuing jurisdiction to enforce the terms of this Protective Order.
11.

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.
12.

Upon termination of this litigation, including any appeals, each Party’s

counsel shall immediately return to the disclosing Party all Confidential Information

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Stipulation and Protective Order
Civil Action No. 1:15-cv-00705-REB-MEH

provided subject to this Protective Order, including copies made therefrom.
13.

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

Dated at Denver, Colorado, this 12th day of January, 2016.
BY THE COURT:

/s/ Michael E. Hegarty

STIPULATED AND AGREED TO:

/s/ Nicole C. Salamander Irby
Franz Hardy, Esq.
Nicole Salamander Irby, Esq.
GORDON & REES, LLP
555 Seventeenth Street, Suite 3400
Denver, CO 80202
[e-mail]
[e-mail]
[phone]
Attorneys for Defendant

/s/ Michael S. Samelson
Michael S. Samelson, Esq.
WICK & TRAUTWEIN, LLC
323 South College Avenue, Suite 3
Fort Collins, Colorado 80524
[e-mail]
Attorney for Plaintiff

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