Kettenhofen v. WirelessPCS CO LLC
PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 9/28/15. 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-01275-MSK-CBS
WIRELESSPCS CO LLC,
This matter comes before the Court on the parties’ Stipulated Motion for Entry of
Protective Order. The Court has reviewed that Motion. The Motion is meritorious and
acceptable. Therefore, IT IS ORDERED:
This Protective Order shall apply to all documents, materials, and
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, the definition of “document” will be
interpreted in accordance with Fed.R.Civ.P. 34(a)(1). A draft or non-identical copy is a
separate document within the meaning of this term.
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law and statutory privacy interests such as: (a)
medical and/or psychological records of Plaintiff Veronica Kettenhofen (“Plaintiff”) (b)
financial records of Plaintiff; and (c) financial records of Defendant WirelessPCS CO
LLC (“Defendant”). 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 be used solely for the purpose of this action, and
shall not, without the consent of the party producing it or further Order of the Court, be
used, transferred, disclosed or communicated in any way, except that such information
may be disclosed to:
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;
the parties, including designated representatives for Defendant;
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; and
other persons by written agreement of the parties.
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 an executed “Written Assurance” in the form
attached hereto as Exhibit A. All such written assurances 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.
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: “CONFIDENTIAL.”
Any party who inadvertently fails to identify documents or information as
CONFIDENTIAL shall, promptly upon discovery of its oversight, provide written notice of
the error and substitute appropriately-designated documents. Any party receiving such
improperly-designated documents shall promptly retrieve such documents from persons
not entitled to receive those documents and, upon receipt of the substitute documents,
shall return or destroy the improperly-designated documents.
Any party who inadvertently discloses documents that are privileged or
otherwise immune from discovery shall, promptly upon discovery of such inadvertent
disclosure, so advise the receiving party and request that the documents be returned.
The receiving party shall return such inadvertently produced documents, including all
copies and copies the receiving party provided to any other individual or entity, within 14
days of receiving such a written request.
Any pleadings, exhibits or filings which contain CONFIDENTIAL
information, or testimony designated as CONFIDENTIAL, shall be filed under seal with
the Court in accordance with D.C.COLO.LCivR 7.2 and the Court’s “Electronic Case
Filing Procedures for the District of Colorado.” Prior to disclosure at trial or a hearing at
which CONFIDENTIAL information may be used, the parties may seek further
protections against public disclosure from the Court.
Whenever any documents or testimony which contain CONFIDENTIAL
information in the form of customer or account information or bank account information
are filed with the Court or presented at trial or a hearing, the party filing or presenting
the CONFIDENTIAL information must redact the customer name by replacing it with the
customer’s initials, and must redact the customer account number and bank account
number by replacing it with the last four digits of the account number. Such redaction
must be performed even if the documents are filed under seal.
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.
Transcript pages containing CONFIDENTIAL information must be separately bound by
the court reporter, who must affix to the top of each such page the legend
“CONFIDENTIAL,” as instructed by the party or non-party offering or sponsoring the
witness or presenting the testimony.
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.
Three years after 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. All documents designated as
Confidential shall be maintained as Confidential during the three year period following
the conclusion of the case. The case will be deemed concluded when all appeal rights
have been exhausted, a judgment has been paid or the parties have entered into a
settlement agreement to resolve the matter.
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 at Denver, Colorado, on September 28, 2015.
BY THE COURT:
s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge
WRITTEN ASSURANCE TO BE BOUND BY PROTECTIVE ORDER
_________________________________________ declares that:
I reside at _______________________________________ in the City of
_____________________________, County of _____________________, State of
______________________. My telephone number is ______________________.
I have read or been advised of the terms of the Protective Order dated
_____________________, 2015, filed in Civil Action No. 1:15-cv-001275-MSK-,
pending in the United States District Court for the District of Colorado. I agree to
comply with and be bound by the provisions of the Protective Order. I shall not divulge
any documents, or copies of documents, designated “CONFIDENTIAL” obtained
pursuant to such Protective Order, or the contents of such documents, to any person
other than those specifically authorized by the Protective Order. I shall not copy or use
such documents except for the purposes of this action and pursuant to the terms of the
I consent to the jurisdiction of the United States District Court for the District of
Colorado for the purposes of enforcement of the Protective Order.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ______________________
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