Morris v. A Child's Touch
Stipulation and Protective Order re: 11 . Entered by Judge John L. Kane on 09/22/15.(jhawk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01388-JLK
ROBERT L. MORRIS,
A CHILD’S TOUCH, a Colorado corporation,
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
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
“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) personnel
information concerning current and former employees of Defendant, to the extent that such
information is private and is not generally known to the public; (b) proprietary business
information of Defendant that, if not restricted as set forth in this Order, would likely cause the
producing or disclosing person competitive or financial injury or subject the producing or
disclosing person to potential legal liability to third parties; (c) information containing trade
secrets; and/or (d) information relating to Plaintiff concerning personal matters not generally
known to the public, such as, but not limited to, Plaintiffs’ financial and medical information.
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:
By imprinting the word “Confidential” on the first page or cover of
any document produced;
above any response to a discovery request; and
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.
All Confidential Information provided by a Party in response to a discovery
request or transcribed testimony shall be subject to the following restrictions:
It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever;
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
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.
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.
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.
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
During the pendency of this litigation, counsel shall retain custody of
Confidential Information, and copies made therefrom pursuant to paragraph 8 above.
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, the party asserting the confidentiality of the information shall file
a motion seeking such designation within 14 days of receipt by counsel of notice of opposing
counsel’s objection. The information shall continue to have Confidential Information status
from the time it is produced until the ruling by the Court on the motion.
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 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)).
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.
The termination of this action shall not relieve the Parties, counsel, or other
persons obligated hereunder from their responsibility to maintain the confidentiality of
Confidential Information pursuant to this Stipulated Protective Order, and the Court shall retain
continuing jurisdiction to enforce the terms of the Stipulated Protective Order.
conclusion of this litigation, unless other arrangements are agreed upon, the documents and any
copies thereof which have been designated as CONFIDENTIAL shall continue to be subject to
this Stipulation and Protective Order and shall be stored in a manner which will preclude others
from obtaining such documents and shall be destroyed in the routine course of business.
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 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 22nd day of September, 2015.
BY THE COURT:
JOHN L. KANE, SENIOR JUDGE
UNITED STATES DISTRICT COURT
STIPULATED AND AGREED TO:
s/ Paula Greisen
Counsel: Paula Greisen
A Child’s Touch
s/ Robert A. Lees
Counsel: Robert A. Lees
STATE OF COLORADO
, swears or affirms and states under penalty of perjury:
I have read the Protective Order in *, a copy of which is attached to this
I have been informed by *, Esq., counsel for *, that the materials described in the
list attached to this Affidavit are Confidential Information as defined in the Protective Order.
I promise that I have not and will not divulge, or undertake to divulge to any
person or recording device any Confidential Information shown or told to me except as
authorized in the Protective Order. I will not use the Confidential Information for any
purpose other than this litigation.
For the purposes of enforcing the terms of the Protective Order, I hereby
submit myself to the jurisdiction of the court in the civil action referenced above.
I will abide by the terms of the Protective Order.
(Print or Type Name)
Telephone No.: (
SUBSCRIBED AND SWORN to before me this _____ day of ____________, 2015 by
WITNESS my hand and official seal.
[S E A L]
My Commission Expires:
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