Quick v. Frontier Airlines Inc et al
Filing
29
Stipulated Protective Order [Revised], by Magistrate Judge Kathleen M. Tafoya on 10/27/15.(morti, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00765-REB-KMT
EDWARD K. QUICK,
Plaintiff,
v.
FRONTIER AIRLINES INC. and MICHELE ZEIER, an individual,
Defendants.
[PROPOSED] STIPULATED PROTECTIVE ORDER [REVISED]
The parties to this Stipulated Protective Order have agreed to the terms of this
Order; accordingly, it is ORDERED:
1.
Scope. All documents produced in the course of discovery, including
initial disclosures, all responses to discovery requests, all deposition testimony and
exhibits, other materials which may be subject to restrictions on disclosure for good
cause, and information derived directly therefrom (collectively “documents”), shall be
subject to this Order concerning confidential information as set forth below. As there is
a presumption in favor of open and public judicial proceedings in the federal courts, this
Order shall be strictly construed in favor of public disclosure and open proceedings
wherever possible. The Order is also subject to the Local Rules of this District and the
Federal Rules of Civil Procedure on matters of procedure and calculation of time
periods.
2.
Form and Timing of Designation. A party may designate documents as
confidential and restricted in disclosure under this Order by placing or affixing the words
“CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER” on the document in a manner
that will not interfere with the legibility of the document and that will permit complete
removal of the CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER designation.
Documents shall be designated CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER prior to or at the time of the production or disclosure of the documents. The
designation CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER does not mean
that the document has any status or protection by statute or otherwise except to the
extent and for the purposes of this Order.
3.
Documents Which May be Designated CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER. Any party may designate documents as CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER upon making a good faith determination that the
documents contain information protected from disclosure by statute or that should be
protected from disclosure as confidential personal information, medical or psychiatric
information, trade secrets, personnel records, or such other sensitive commercial and/or
proprietary information, including information that may affect any relevant third parties,
that is not publicly available. Public records and other information or documents that
are publicly available may not be designated as CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER.
4.
Depositions. Deposition testimony shall be deemed CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER only if designated as such. Such designation
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shall be specific as to the portions of the transcript or any exhibit to be designated as
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER. Thereafter, the deposition
transcripts and any those portions so designated shall be protected as CONFIDENTIAL
- SUBJECT TO PROTECTIVE ORDER, pending objection, under the terms of this
Order.
5.
Designation of a portion of a deposition as confidential shall be made
within fourteen (14) days after receipt of the deposition transcript, by delivery to trial
counsel in this case of a written notice of the designation, identifying the deposition and
specifying by page and line the portions designated as confidential. Portions of
depositions designated in accordance with this paragraph shall be subject to the same
restrictions as portions contemporaneously designated in accordance with the
preceding paragraph. The failure of a party to contemporaneously designate a portion of
a deposition as confidential in accordance with the preceding paragraph shall not
constitute a waiver of any claim that the information constitutes a trade secret or other
confidential research, development, personal, financial or commercial information,
provided that the portion of the deposition is timely designated in accordance with this
paragraph. However, no person or party shall be subject to any sanction under this
Order arising from the use or disclosure, prior to receipt of the written designation, of
deposition testimony not previously designated under the terms of the prior paragraph
three, above.
6.
A party may object to the designation of particular CONFIDENTIAL
information by giving written notice to the party designating the disputed information.
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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
as CONFIDENTIAL shall bear the burden of establishing that good cause exists for the
disputed information
to be treated as CONFIDENTIAL.
7.
Protection of Confidential Material.
(a)
General Protections. Documents designated CONFIDENTIAL - SUBJECT
TO PROTECTIVE ORDER under this Order shall not be used or disclosed
by the parties, counsel for the parties, or any other persons identified in
5(b), for any purpose whatsoever other than to prepare for and to conduct
discovery and trial in this action, including any appeal thereof.
(b)
Limited Third-Party Disclosures. The parties and counsel for the parties
shall not disclose or permit the disclosure of any CONFIDENTIAL -4-
SUBJECT TO PROTECTIVE ORDER documents to any third person or
entity except as set forth in subparagraphs (1)-(5). Subject to these
requirements, the following categories of persons may be allowed to
review documents that have been designated CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER:
(1)
Counsel. Counsel for the parties and employees and agents of
counsel who have responsibility for the preparation and trial of the
action;
(2)
Parties. Named parties and persons who reasonably may be
called as witnesses in this case or who may provide factual
background or clarification to matters pertinent to such documents;
(3)
Court Reporters and Recorders. Court reporters and recorders
engaged for depositions;
(4)
Consultants, Investigators and Experts. Consultants,
investigators, or experts (collectively “experts”) employed by the
parties or counsel for the parties to assist in the preparation and
trial of this action or proceeding, but only after such persons have
completed the certification contained in Attachment A,
Acknowledgment of Understanding and Agreement to Be Bound;
and
(5)
Others by Consent. Other persons only by written consent of the
producing party or upon order of the Court and on such conditions
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as may be agreed or ordered. All such persons shall execute the
certification contained in Attachment A, Acknowledgment of
Understanding and Agreement to Be Bound.
(c)
Control of Documents. Counsel for the parties shall take reasonable and
appropriate measures to prevent unauthorized disclosure of documents
designated as CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
pursuant to the terms of this Order. Counsel shall maintain the originals of
the forms signed by persons acknowledging their obligations under this
Order for a period of 1 year after dismissal of the action, the entry of final
judgment, and/or the conclusion of any appeals arising therefrom.
(d)
Copies. Prior to production to another party, all copies, electronic images,
duplicates, extracts, summaries or descriptions (hereinafter referred to
collectively as “copies”) of documents designated as CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER under this Order, or any individual
portion of such a document, shall be affixed with the designation
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER if the word does
not already appear on the copy. All such copies shall thereafter be
entitled to the protection of this Order. The term “copies” shall not include
indices, electronic databases or lists of documents provided these indices,
electronic databases or lists do not contain substantial portions or images
of the text of confidential documents or otherwise disclose the substance
of the confidential information contained in those documents.
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(e)
Inadvertent Production. Inadvertent production of any document or
information without a designation of CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER shall be governed by Fed. R. Evid. 502.
8.
Filing Confidential Documents Under Seal. Any party must move the
Court to file documents designated CONFIDENTIAL- SUBJECT TO PROTECTIVE
ORDER under seal pursuant to D.C.COLO.LCivR 7.2. In the event a party seeks to
disclose the content of any material designated CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER in any pleading, motion, deposition, transcript, exhibit or other
document, the party shall be obligated to submit such pleading, motion, deposition,
transcript, exhibit or other document under seal in an envelope on which shall be
endorsed the caption of this action, any other information required by
D.C.COLO.LCivR 7.2, and a statement substantially in the following form:
The following is confidential: these documents are subject to
a Protective Order in the case of Quick v. Frontier Airlines,
Inc. et. al., Civil Action No. 15-cv-00765-REB-KMT and are
to be reviewed only by a Judge and Magistrate Judge of this
Court or their law clerks, or counsel for the parties in this
litigation.
9.
Challenges by a Party to Designation as Confidential. Any
CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER designation is subject to
challenge by any party or non- party with standing to object (hereafter “party”). Before
filing any motions or objections to a confidentiality designation with the Court, the
objecting party shall have an obligation to meet and confer in a good faith effort to
resolve the objection by agreement. If agreement is reached confirming or waiving the
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CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER designation as to any
documents subject to the objection, the designating party shall serve on all parties a
notice specifying the documents and the nature of the agreement.
10.
Remove The “Confidential” Designation. Any party may remove the
“Confidential” designation from any of its own documents at any time by so advising
opposing counsel in writing.
11.
Action by the Court. Applications to the Court for an order relating to any
documents designated CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER shall
be by motion under Local Rule 7.1 and any other procedures set forth in the presiding
judge’s standing orders or other relevant orders. Nothing in this Order or any action or
agreement of a party under this Order limits the Court’s power to make any orders that
may be appropriate with respect to the use and disclosure of any documents produced
or use in discovery or at trial.
12.
Use of Confidential Documents or Information at Trial. All trials are open
to the public. Absent order of the Court, there will be no restrictions on the use of any
document that may be introduced by any party during the trial. If a party intends to
present at trial CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER documents or
information derived therefrom, such party shall provide advance notice to the other party
at least five (5) days before the commencement of trial by identifying the documents or
information at issue as specifically as possible (i.e., by Bates number, page range,
deposition transcript lines, etc.) without divulging the actual CONFIDENTIAL -
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SUBJECT TO PROTECTIVE ORDER documents or such documents or information at
trial.
13.
Obligations on Conclusion of Litigation.
(a)
Order Remains in Effect. Unless otherwise agreed or ordered, this Order
shall remain in force after dismissal or entry of final judgment not subject
to further appeal.
(b)
Return of CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER
Documents. Within thirty days after dismissal or entry of final judgment
not subject to further appeal, all documents treated as CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER under this Order, including copies
as defined in 5(d), shall be returned to the producing party unless:
(1)
the document has been offered into evidence or filed without
restriction as to disclosure;
(2)
the parties agree to destruction in lieu of return; or
(3)
as to documents bearing the notations, summations, or other
mental impressions of the receiving party, that party elects to
destroy the documents and certifies to the producing party that it
has done so. Notwithstanding the above requirements to return or
destroy documents, counsel may retain attorney work product,
including an index which refers or relates to information designated
CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER, so long
as that work product does not duplicate verbatim substantial
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portions of the text or images of confidential documents. This work
product shall continue to be CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER under this Order. An attorney may use his
or her work product in a subsequent litigation provided that its use
does not disclose or use CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER documents. not subject to further appeal,
the Clerk may elect to return to counsel for the parties or, after
notice, destroy documents filed or offered at trial under seal or
otherwise restricted by the Court as to disclosure.
14.
Order Subject to Modification. This Order shall be subject to modification
by the Court on its own motion or on motion of a party or any other person with standing
concerning the subject matter. Motions to modify this Order shall be served and filed
under Local Rule 7.1 and the presiding judge’s standing orders or other relevant orders.
15.
No Prior Judicial Determination. This Order is entered based on the
representations and agreements of the parties and for the purpose of facilitating
discovery. Nothing herein shall be construed or presented as a judicial determination
that any documents or information designated CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER by counsel or the parties is subject to protection under Rule
26(c) of the Federal Rules of Civil Procedure or otherwise until such time as the Court
may rule on a specific document or issue.
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16.
Persons Bound. This Order shall take effect when entered and shall be
binding upon all counsel and their law firms, the parties, and persons made subject to
this Order by its terms.
So Ordered.
Adobe Date Stamp , 2015
Dated: Oct 27, 2015
U.S. Magistrate Judge
Kathleen M. Tafoya
United States Magistrate Judge
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00765-REB-KMT
EDWARD K. QUICK,
Plaintiff,
v.
FRONTIER AIRLINES INC. and MICHELE ZEIER, an individual,
Defendants.
ACKNOWLEDGMENT OF UNDERSTANDING AND AGREEMENT TO BE BOUND
The undersigned hereby acknowledges that he/she has read the Protective
Order dated in the above-captioned action and attached hereto, understands the terms
thereof, and agrees to be bound by its terms. The undersigned submits to the
jurisdiction of the United States District Court for Colorado in matters relating to the
Protective Order and understands that the terms of the Protective Order obligate
him/her to use documents designated CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER in accordance with the Order solely for the purposes of the above-captioned
action, and not to disclose any such documents or information derived directly therefrom
to any other person, firm or concern.
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ACKNOWLEDGMENT OF UNDERSTANDING AND
AGREEMENT TO BE BOUND
(Page 2)
The undersigned acknowledges that violation of the Protective Order may result
in penalties for contempt of court.
Job Title:
Employer:
Bus. Address:
Date:
SIGNATURE
8075499_1
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