Rosario v. General Information Services, Inc
Filing
20
DISOVERY CONFIDENTIALITY ORDER by Magistrate Judge Michael E. Hegarty on 11/25/2015. (mdave, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:15-cv-00895-MEH
JONATHAN SANTIAGO ROSARIO
Plaintiff,
v.
GENERAL INFORMATION SERVICES, INC.
Defendant.
DISCOVERY CONFIDENTIALITY ORDER
It appearing that discovery in the above-captioned action is likely to involve the
disclosure of confidential information and all parties consenting to the entry of this Order, it is
ORDERED as follows:
1.
Any party to this litigation and any third-party shall have the right to designate as
“Confidential” and subject to this Order any information, document (which includes
electronically-stored and computer-generated records), or thing, or portion of any document or
thing: (a) that contains trade secrets, competitively sensitive technical, marketing, financial, sales
or other confidential business information, or (b) that contains private or confidential personal
information, or (c) that contains information received in confidence from third parties, or (d)
which the producing party otherwise believes in good faith to be entitled to protection under
Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure. Any party to this litigation or any
third party covered by this Order, who produces or discloses any Confidential material, including
without limitation any information, document, thing, interrogatory answer, admission, pleading,
or testimony, shall mark the same with the foregoing or similar legend: “CONFIDENTIAL” or
“CONFIDENTIAL – SUBJECT TO DISCOVERY CONFIDENTIALITY ORDER” (hereinafter
“Confidential”).
2.
Any Confidential material produced in a non-paper media (e.g., videotape,
audiotape, computer disk, etc.) may be designated as such by labeling the outside of such nonpaper media as “CONFIDENTIAL” or “CONFIDENTIAL – SUBJECT TO DISCOVERY
CONFIDENTIALITY ORDER” and In the event a receiving party generates any electronic
copy, hard copy, transcription, or printout from any such designated non-paper media, such party
must treat each copy, transcription, or printout as designated and label it in a manner to ensure
proper treatment.
3.
All Confidential material shall be used by the receiving party solely for purposes
of the prosecution or defense of this action, shall not be used by the receiving party for any
business, commercial, competitive, personal or other purpose, and shall not be disclosed by the
receiving party to anyone other than those set forth in Paragraphs 5 and 6, unless and until the
restrictions herein are removed either by written agreement of counsel for the parties, or by
Order of the Court. Confidential material and the contents of Confidential material may be
disclosed only to the following individuals under the following conditions:
(a)
Outside counsel (herein defined as any attorney at the parties’ outside law
firms) and relevant in-house counsel for the parties;
(b)
Outside experts or consultants retained by outside counsel for purposes of
this action, provided they have signed a non-disclosure agreement in the
form attached hereto as Exhibit A;
(c)
Secretarial, paralegal, clerical, duplicating and data processing personnel
of the foregoing;
(d)
The Court and court personnel;
(e)
Any deponent may be shown or examined on any information, document
or thing designated Confidential if it appears that the witness authored or
received a copy of it, was involved in the subject matter described therein
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or is employed by the party who produced the information, document or
thing, or if the producing party consents to such disclosure;
(f)
(g)
The parties. In the case of parties that are corporations or other business
entities, the term “party” shall mean employees who are required to
participate in decisions with reference to this lawsuit; and
(h)
4.
Vendors retained by or for the parties to assist in preparing for pretrial
discovery, trial and/or hearings including, but not limited to, court
reporters, litigation support personnel, jury consultants, individuals to
prepare demonstrative and audiovisual aids for use in the courtroom or in
depositions or mock jury sessions, as well as their staff, stenographic, and
clerical employees whose duties and responsibilities require access to such
materials;
Other persons who the producing party specifically allows in writing.
Each person who signs the Agreement To Be Bound By Discovery
Confidentiality Order shall subject himself or herself to the jurisdiction of this Court for the
purpose of any proceedings relating to the performance under, compliance with, or violation of
this Order. The recipient of any Confidential material that is produced under this Order shall
maintain such material in a secure and safe area, and shall exercise due and proper care with
respect to its storage, custody, use and/or dissemination.
5.
Confidential material shall be used only by individuals permitted access to it
under Paragraph 3. Confidential material, copies thereof, and the information contained therein,
shall not be disclosed in any manner to any other individual, until and unless (a) outside counsel
for the party asserting confidentiality consents to the disclosure or waives the claim of
confidentiality, or (b) the Court orders such disclosure.
6.
With respect to any depositions that involve a disclosure of Confidential material
of a party to this action or a third party, such party shall have until fourteen (14) days after
receipt of the deposition transcript within which to inform all other parties that portions of the
transcript are to be designated Confidential, which period may be extended by agreement of the
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parties. No such deposition transcript shall be disclosed to any individual other than the
individuals described in Paragraph 5(a), (b), (c), (d),(f) and (g) above and the deponent during
these 14 days, and no individual attending such a deposition shall disclose the contents of the
deposition to any individual other than those described in Paragraph 5(a), (b), (c), (d) and (f)
above during said 14 days. Upon being informed that certain portions of a deposition are to be
designated as Confidential, all parties shall immediately cause each copy of the transcript in its
custody or control to be appropriately marked and limit disclosure of those designated portions
of the transcript in accordance with the preceding Paragraphs of this Order.
7.
If counsel for a party receiving documents or information designated as
Confidential hereunder objects to such designation of any or all of such items, the following
procedure shall apply:
(a)
(b)
8.
Counsel for the objecting party shall serve on the designating party or
third party a written objection to such designation, which shall describe
with particularity the documents or information in question and shall state
the grounds for objection. Counsel for the designating party or third party
shall respond in writing to such objection within 14 days, and shall state
with particularity the grounds for asserting that the document or
information is Confidential. If no timely written response is made to the
objection, the challenged designation will be deemed to be void. If the
designating party or nonparty makes a timely response to such objection
asserting the propriety of the designation, counsel shall then confer in
good faith in an effort to resolve the dispute.
If a dispute as to a Confidential designation of a document or item of
information cannot be resolved by agreement, the proponent of the
designation being challenged shall file a formal motion for an order
regarding the challenged designation. The designating party shall have the
burden of establishing that the designated material is entitled to its
designation. The document or information that is the subject of the filing
shall be treated as originally designated pending resolution of the dispute.
Any person who wishes to file Confidential material with the Court shall file said
documents under seal. The proponent of the designation shall be responsible for moving to have
said documents remain under seal. l.
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9.
This Order does not prohibit the use of information designated as Confidential at
any court proceeding or trial.
10.
To the extent consistent with applicable law, the inadvertent or unintentional
disclosure of Confidential material that should have been designated as such, regardless of
whether the information, document or thing was so designated at the time of disclosure, shall not
be deemed a waiver in whole or in part of a party’s claim of confidentiality, either as to the
specific information, document or thing disclosed or as to any other material or information
concerning the same or related subject matter. Such inadvertent or unintentional disclosure may
be rectified by notifying in writing counsel for all parties to whom the material was disclosed
that the material should have been designated Confidential within a reasonable time after
disclosure. Such notice shall constitute a designation of the information, document or thing as
Confidential under this Discovery Confidentiality Order.
11.
No information that is in the public domain or which is already known by the
receiving party through proper means or which is or becomes available to a party from a source
other than the party asserting confidentiality, rightfully in possession of such information on a
non-confidential basis, shall be deemed or considered to be Confidential under this Discovery
Confidentiality Order.
12.
In the event any receiving party having possession, custody or control of any
Confidential receives a subpoena, request for production of documents, or other process to
produce such material in another legal proceeding, such receiving party shall (a) give notice of
the subpoena, request for production of documents, or other process to counsel for the disclosing
party or third party that designated the material as Confidential, (b) furnish counsel for the
disclosing party or third party with a copy of said subpoena, request for production of
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documents, or other process, and (c) cooperate with respect to all reasonable and legitimate
procedures sought to be pursued by the disclosing party or third party whose interests may be
affected. The disclosing party or third party asserting the Confidential treatment shall have the
burden of defending against such subpoena, request for production of documents, or process.
The party receiving the subpoena, request for production of documents or other process shall be
entitled to comply with it except to the extent the disclosing party or third party asserting the
Confidential treatment is successful in obtaining an order modifying or quashing the subpoena,
request for production of documents, or other process.
13.
This Discovery Confidentiality Order shall not deprive any party of its right to
object to discovery by any other party or on any otherwise permitted ground. This Discovery
Confidentiality Order is being entered without prejudice to the right of any party to move the
Court for modification or for relief from any of its terms.
14.
The parties agree to abide by the terms of this Discovery Confidentiality Order
after the termination of this action including any modifications by an Order of this Court or by
any written stipulation of the parties filed with the Court.
15.
Within thirty (30) days of the conclusion of this litigation, each party or other
individual subject to the terms hereof shall be under an obligation to assemble and to return to
the originating source, or to destroy, all originals, marked copies, and unmarked copies of
documents and things containing and/or constituting Confidential a; provided, however, that
counsel may retain complete copies of all transcripts and pleadings including any exhibits
attached thereto for archival purposes or documents that are reasonable considered to be attorney
work product, subject to the provisions of this Discovery Confidentiality Order. . To the extent
a party requests the return of Confidential material from the Court after the final conclusion of
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the litigation, including the exhaustion of all appeals therefrom and all related proceedings, the
party shall file a motion seeking such relief.
DATED this 25th day of November, 2015, in Denver, Colorado.
BY THE COURT:
Michael E. Hegarty
United States Magistrate Judge
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EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:15-cv-00895-MEH
JONATHAN SANTIAGO ROSARIO
Plaintiff,
v.
GENERAL INFORMATION SERVICES, INC.
Defendant.
AGREEMENT TO BE BOUND BY
DISCOVERY CONFIDENTIALITY ORDER
I, ___________________________________, being duly sworn, state that:
1.
My present address is _______________________________________________.
2.
My present employer is ___________________________ and the address of my
present employment is _________________________________________________________.
3.
My present occupation or job description is ______________________________.
4.
I have carefully read and understand the provisions of the Discovery
Confidentiality Order in this case signed by the Court, and I will comply with all provisions of
the Discovery Confidentiality Order.
5.
I will hold in confidence and not disclose to anyone not qualified under the
Discovery Confidentiality Order any Confidential or Attorneys’ Eyes Only material, or any
words, summaries, abstracts, or indices of Confidential or Attorneys’ Eyes Only information
disclosed to me.
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6.
I will limit use of Confidential and Attorneys’ Eyes Only material disclosed to me
solely for purpose of this action
7.
I agree to subject myself to the jurisdiction of this Court for the purpose of any
proceedings relating to the performance under, compliance with or violation of this Order.
8.
Within thirty (30) days of the final conclusion of this case, I will return all
Confidential Material and Attorneys’ Eyes Only material and summaries, abstracts, and indices
thereof which come into my possession, and documents or things which I have prepared relating
thereto, to counsel for the party who disclosed the Confidential or Attorneys’ Eyes Only material
to me.
9.
I declare under penalty of perjury that the foregoing is true and correct.
Date: __________________
____________________________________
Signature
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