Heppler v. Harley-Davidson Motor Company, Inc., et al

Filing 28

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 8/11/15. ORDERED that when filing restricted documents, parties MUST fully comply with the requirements of D.C.ColoL.CivR. 7.2. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:15-cv-00976-MSK-CBS
BRADLEY HEPPLER,
Plaintiff,
v.
HARLEY-DAVIDSON MOTOR COMPANY, INC.
and HARLEY-DAVIDSON MOTOR COMPANY GROUP, LLC,
Defendants.

CONFIDENTIALITY AND PROTECTIVE ORDER
PURSUANT TO STIPULATION BY THE PARTIES

DEFINITIONS
PLAINTIFF:

This term shall mean the Plaintiff in the above-captioned matter, Bradley

Heppler.
PLAINTIFF’S COUNSEL: This term shall mean the attorneys of record for the party Plaintiff
in the above-captioned matter. In the event that the attorneys of record are members of a firm,
this phrase shall include any and all other lawyers, paralegals, legal assistants and staff who are
members of, or associated with, Plaintiff’s Counsel’s firm.
DOCUMENTS: This term is intended as a collective reference to any and all material or other
tangible things containing information produced by Harley-Davidson Motor Company Group,
LLC, in response to a pre-trial discovery request or in compliance with mandatory disclosure
requirements in the above-captioned matter.
DISCOVERY: This term shall include all “documents” or other items produced by HarleyDavidson Motor Company Group, LLC, or any of its predecessors, parents or subsidiaries in the
above-captioned matter in response to requests for production of documents and tangible things,

deposition notices and subpoenas, interrogatories and requests for admissions, or in compliance
with mandatory disclosure requirements.
TERMS AND CONDITIONS
1.

Harley-Davidson Motor Company Group, LLC, in producing documents or

responses to discovery in this action which it determines in good faith to contain or constitute
trade secret or other confidential research, development or commercial information of a nonpublic nature, disclosure of which could impair its competitive position in the marketplace, may
designate such discovery as CONFIDENTIAL.
2.

Documents to be designated confidential will be so designated by stamping each

page “CONFIDENTIAL.” The physical labeling of any document shall not be done in any
manner that obstructs the reading of the document or impairs the reading of the document when
duplicated by a conventional duplicating process.
If Plaintiff objects to the designation of a document by Harley-Davidson Motor Company
Group, LLC as CONFIDENTIAL, Plaintiff may apply to the Court for relief, asserting that the
document so designated does not justify the imposition of restrictions concerning its use. Such
application for relief shall delineate each document which a party contends should not be treated
as CONFIDENTIAL and the specific reasons it should not be so treated. Unless this Court
enters an Order changing the designation, the information shall be treated as CONFIDENTIAL
under the terms of this Order. In any event, Defendant Harley-Davidson Motor Company
Group, LLC shall allow Plaintiff ample opportunity to explore the basis for the claim of
confidentiality.
3.

No discovery or disclosure document designated as CONFIDENTIAL shall be

used or communicated by any persons receiving it for any purpose whatsoever other than the
preparation of this case for trial.
4.

Any discovery or disclosure document designated as CONFIDENTIAL

furnished by Harley-Davidson Motor Company Group, LLC to Plaintiff shall not be given,
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shown, made available or otherwise communicated in any way by Plaintiff or Plaintiff’s counsel
to anyone other than (i) outside experts and consultants, who shall be bound by this Order not to
communicate further such discovery, (ii) court reporters, in the taking of depositions or other
sworn testimony, who shall be bound by this Order not to communicate further such discovery;
or (iii) the Court if required in any further proceeding herein, except as permitted by stipulation
of the parties or any further order of the Court.
5.

No

party

shall

disclose

documents

or

other

material

designated

CONFIDENTIAL to any experts not assisting in this litigation. Disclosure shall be made to
such experts only as is reasonably necessary for the prosecution of this lawsuit and only after the
person to whom disclosure is to be made has been provided with a copy of this Order and has
agreed to be bound by it. Such expert or experts shall review this Confidentiality Order and
execute a Written Assurance attached hereto as Exhibit A prior to reviewing documents
designated as CONFIDENTIAL.
Without written permission from Harley-Davidson Motor Company Group, LLC or a court
order, a party may not file any documents designated as CONFIDENTIAL in the public record
in this Litigation. CONFIDENTIAL documents may be filed with the Court under seal. The
parties shall comply with the applicable rules when seeking to file CONFIDENTIAL
documents under seal.

This provision does not preclude the use of CONFIDENTIAL

documents as exhibits at trial.
6.

To the extent that CONFIDENTIAL documents are used as exhibits or

referenced in deposition testimony, Harley-Davidson Motor Company Group, LLC may
designate such portions of the deposition transcript as CONFIDENTIAL. 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 counsel for the parties within thirty (30) days after notice by the
court reporter of the completion of the transcript. The parties shall comply with the applicable
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rules when filing in the public record any part of a deposition transcript which has been marked
CONFIDENTIAL.
7.

After termination of this case, the provisions of this Order shall continue to be

binding. This Court retains and shall have jurisdiction over the parties, their attorneys and all
recipients of discovery designated CONFIDENTIAL for the enforcement of the provisions of
this Order following termination of this case, and/or to terminate all or some of the provisions of
this agreement on application by any party.
8.

This Order shall not preclude parties from exercising any rights or raising any

objections otherwise available to them under the rules of discovery and evidence.
9.

No provision of this Order is intended to limit the right of any party, counsel for

any party, or any recipient of discovery from seeking to modify the terms of this Order at any
time in the future or from seeking relief of the restrictions imposed by this Order concerning
discovery designated as CONFIDENTIAL.
10.

This Order shall be binding upon the parties to this action, the attorneys for each

party and upon any recipient of discovery designated as CONFIDENTIAL and upon any
successor, executor, personal representative, administrator, heir, legal representative, assignee,
subsidiary, division, employee, agent, independent contractor or other person or legal entity over
which any party or attorney or recipient of documents covered by this Order may have control.
DATED at Denver, Colorado, on August 11, 2015.
BY THE COURT:

s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:15-cv-00976-MSK-CBS
BRADLEY HEPPLER,
Plaintiff,
v.
HARLEY-DAVIDSON MOTOR COMPANY, INC.
and HARLEY-DAVIDSON MOTOR COMPANY GROUP, LLC,
Defendants.

EXHIBIT A

______________________, being first duly sworn, states that he or she resides at
_____________________________,

county

of

__________________,

state

of

____________________; that he or she has read and fully understands the attached
Confidentiality and Protective Order entered by the Court in the above-captioned action; that he
or she is fully familiar and agrees to comply with and be bound by the provisions of the Order
and submits to the jurisdiction of this Court for any proceedings with respect to the Order; that
he or she will not discuss with or divulge to persons, other than those specifically authorized by
the Order, and will not copy or use, except solely for purposes of this action and for no other
purposes, any information obtained pursuant to the order, except as expressly permitted by the
Court. He or she agrees to return any and all copies of Harley-Davidson Motor Company Group,
LLC’s protected documents and materials in his or her possession which were produced by

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Harley-Davidson Motor Company Group, LLC in this lawsuit to counsel for Plaintiff within 15
days from the date of request by Harley-Davidson Motor Company Group, LLC or its counsel;
and further that he or she will sign the Written Verification provided by counsel for HarleyDavidson Motor Company Group, LLC that all such protected documents and materials have
been returned.

Signed:

Dated:

______________________________________

____________________, 20___.

State of
County of

)
)
)

Subscribed and sworn to before me
This ___ day of _____________, 20___.
_______________________________
Notary Public, State of _____________
My commission: __________________

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