Anderson v. Mountain States Insurance Group, Inc. et al
Filing
43
STIPULATION AND PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 4/13/16. (bsimm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01316-RM-NYW
MARSHALL ANDERSON
Plaintiff,
v.
MOUNTAIN STATES MUTUAL CASUALTY COMPANY
Defendant.
STIPULATION AND PROTECTIVE ORDER
Each Party and each Counsel of Record stipulate and move the Court for
a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure
concerning the treatment of Confidential Information (as hereinafter defined),
and, as grounds therefor, state as follows:
1.
In this action, at least one of the Parties has sought and/or is
seeking Confidential Information (as defined in paragraph 2 below). The Parties
also anticipate seeking additional Confidential Information during discovery and
that there will be questioning concerning Confidential Information in the course of
depositions. The Parties assert the disclosure of such information outside the
scope of this litigation could result in significant injury to one or more of the
Parties’ business or privacy interests.
The Parties have entered into this
Stipulation and request the Court enter the within Protective Order for the
purpose of preventing the disclosure and use of Confidential Information except
as set forth herein.
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2.
“Confidential Information” means any document, file, portions of
files, transcribed testimony, or response to a discovery request, including any
extract, abstract, chart, summary, note, or copy made therefrom - not made
available to the public - and designated by one of the Parties in the manner
provided in paragraph 3 below as containing:
a. Information regarding policies and procedures of Mountain States
Mutual Casualty Company as such is confidential and proprietary
business information
3. Where Confidential Information is produced, provided or otherwise
disclosed by a Party in response to any discovery request, it will be designated in
the following manner:
a. By imprinting the word “Confidential” on the first page or cover of
any document produced;
b. By imprinting the word “Confidential” next to or above any response
to a discovery request; and
c. With respect to transcribed testimony, by giving written notice to
opposing counsel designating such portions as “Confidential” no
later than ten calendar days after receipt of the transcribed
testimony.
4.
All Confidential Information provided by a Party in response to a
discovery request or transcribed testimony shall be subject to the following
restrictions:
a. It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever;
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b. It shall not be communicated or disclosed by any Party’s counsel or
a Party in any manner, either directly or indirectly, to anyone except
for purposes of this case and unless an affidavit in the form of
Exhibit A has been signed.
5.
Individuals authorized to review Confidential Information pursuant
to this Protective Order shall hold Confidential Information in confidence and
shall not divulge the Confidential Information, either verbally or in writing, to any
other person, entity or government agency unless authorized to do so by court
order.
6.
The Party’s counsel who discloses Confidential Information shall be
responsible for assuring compliance with the terms of this Protective Order with
respect to persons to whom such Confidential Information is disclosed and shall
obtain and retain the original affidavits signed by qualified recipients of
Confidential Information, and shall maintain a list of all persons to whom any
Confidential Information is disclosed.
7.
During the pendency of this action, opposing counsel may upon
court order or agreement of the parties inspect the list maintained by counsel
pursuant to paragraph 6 above upon a showing of substantial need in order to
establish the source of an unauthorized disclosure of Confidential Information
and that opposing counsel are unable otherwise to identify the source of the
disclosure. If counsel disagrees with opposing counsel’s showing of substantial
need, then counsel may seek a court order requiring inspection under terms and
conditions deemed appropriate by the Court.
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8.
No copies of Confidential Information shall be made except by or
on behalf of counsel in this litigation and such copies shall be made and used
solely for purposes of this litigation.
9.
During the pendency of this litigation, counsel shall retain custody
of Confidential Information, and copies made therefrom pursuant to paragraph 8
above.
10.
If opposing counsel objects to the designation of certain information
as Confidential Information, he or she shall promptly inform the other parties’
counsel in writing of the specific grounds of objection to the designation. All
counsel shall then, in good faith and on an informal basis, attempt to resolve
such dispute. If after such good faith attempt, all counsel are unable to resolve
their dispute, opposing counsel may move for a disclosure order consistent with
this order. Any motion for disclosure shall be filed within 14 days of receipt by
counsel of notice of opposing counsel's objection, and the information shall
continue to have Confidential Information status from the time it is produced until
the ruling by the Court on the motion.
11.
Use of Confidential Information in Court Proceedings: In the event
Confidential Information is used in any court filing or proceeding in this action,
including but not limited to its use at trial, it shall not lose its confidential status as
between the parties through such use. Confidential Information and pleadings or
briefs quoting or discussing Confidential Information will not be accepted for filing
“under seal” or otherwise kept out of the public record in this action, however,
except by court order issued upon motion of the party seeking to file the
documents under seal. Any motion requesting leave to file documents under seal
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shall comply with the requirements of D.C.COLO.LCivR 7.2 and demonstrate that
the Confidential Information at issue is entitled to protection under the standards
articulated in Nixon v. Warner Communications, Inc., 435 U.S. 589, 598-602
(1978)(applied in United States v. Hickey, 767 F.2d 705, 708 (10th Cir. 1985) and
Crystal Grower’s Corp. v. Dobbins, 616 F.2d 458, 461 (10th Cir. 1980)).
12.
persons
The termination of this action shall not relieve counsel or other
obligated
hereunder
from
their
responsibility
to
maintain
the
confidentiality of Confidential Information pursuant to this Protective Order, and
the Court shall retain continuing jurisdiction to enforce the terms of this Protective
Order.
13.
By agreeing to the entry of this Protective Order, the Parties adopt
no position as to the authenticity or admissibility of documents produced subject
to it.
14.
Upon termination of this litigation, including any appeals, each
Party’s counsel shall immediately return to the producing party all Confidential
Information provided subject to this Protective Order, and all extracts, abstracts,
charts, summaries, notes or copies made therefrom. At that time, counsel shall
also file under seal with this Court the list of individuals who have received
Confidential Information which counsel shall have maintained pursuant to
paragraph 6 herein, and counsel shall provide the Court with verification that any
of counsel's work product referencing Confidential Information has been
destroyed.
15.
Nothing in this Protective Order shall preclude any Party from filing
a motion seeking further or different protection from the Court under Rule 26(c) of
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the Federal Rules of Civil Procedure, or from filing a motion with respect to the
manner in which Confidential Information shall be treated at trial.
Dated at Denver, Colorado, this 13th day of April, 2016.
BY THE COURT:
s/ Nina Y. Wang
United States Magistrate Judge
STIPULATED AND AGREED TO:
EARL & EARL PLLP
/s/ Ryan Thomas Earl, Esq.
Ryan T. Earl, Esq.
Collin Joseph Earl, Esq.
Earl & Earl, PLLC
1259 Lake Plaza Drive, Ste. 230
Colorado Springs, CO 80906
Attorneys for Plaintiff
MESSNER REEVES LLP
/s/ Michael Caleb Meyer
Michael Caleb Meyer, Esq. (#34292)
Mary Byrne Fletcher, Esq. (#42518)
Attorneys for Defendant Mountain
States Mutual Casualty Company
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