Watson v. UPS Ground Freight, Inc., et al
STIPULATED PROTECTIVE ORDER by Magistrate Judge Nina Y. Wang on 12/28/15. (bsimm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00774-NYW
UPS Ground Freight, Inc., Robert Mangione, John Gonzales, Kenneth Thomas et al individually
and in their capacity as Management,
STIPULATED PROTECTIVE ORDER
Pursuant to Fed. R. Civ. P. 26(c), 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:
This Protective Order shall apply to all documents, materials, and information,
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.
As used in this Protective Order, “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
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law and statutory privacy interests of Plaintiff Dennis
Watson or other current or former employees or contractors of Defendant UPS Ground Freight,
Inc. (“UPS Freight”), including but not limited to, financial, medical, or personal information;
and UPS Freight’s confidential and proprietary business information, including financial data,
personnel information, and trade secrets. Any information designated by a party as
CONFIDENTIAL must first be reviewed by a lawyer who will certify that the designation as
CONFIDENTIAL is based on a good faith belief that the information “is confidential or
otherwise entitled to protection.” Gillard v. Boulder Valley Sch. Dist., 196 F.R.D. 382, 386 (D.
Colo. 2000). CONFIDENTIAL information shall not be disclosed or used for any purpose
except the preparation and trial of this case.
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
attorneys actively working on this case;
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;
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;
the Court and its employees (“Court Personnel”);
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;
deponents, witnesses, or potential witnesses;
other persons by written agreement of the parties; and
the parties, including designated representatives for the Plaintiff and
Prior to disclosing any CONFIDENTIAL information 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. In the event it is necessary to enforce an expert’s or consultant’s compliance
with the provisions of this Protective Order, counsel for the party who retained the expert or
consultant shall seek approval from the expert or consultant to accept service on his or her
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:
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 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.
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 as CONFIDENTIAL
shall bear the burden of establishing that good cause exists for the disputed information to be
treated as CONFIDENTIAL.
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.
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 December 28, 2015.
s/ Nina Y. Wang
United States Magistrate Judge Nina Y. Wang
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