Santisteven v. Target Stores
Filing
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STIPULATED PROTECTIVE ORDER by Magistrate Judge Nina Y. Wang on 02/08/16.(nmarb, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 1:15-cv-01529-WYD-NYW
ESTHER L. SANTISTEVAN,
Plaintiff
v.
TARGET CORPORATION,
Defendant.
STIPULATED PROTECTIVE ORDER
Upon a showing of good cause in support of the entry of a protective order, under Fed. R.
Civ. P. 26(c), to protect the discovery and dissemination of confidential information or
information which will improperly annoy, embarrass, or oppress any party, witness, or person
providing discovery in this case, IT IS ORDERED:
1.
This Protective Order shall apply to all documents, medical records, materials,
and information labeled as CONFIDENTIAL by the disclosing or producing party, including
without limitation, documents produced, answers to 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.
2.
As used in this Protective Order, “document” is defined as provided in Fed. R.
Civ. P. 34(a). A draft or non-identical copy is a separate document within the meaning of this
term.
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3.
Information designated “CONFIDENTIAL” shall include any documents,
medical records, information or testimony, believed in good faith by a party, its counsel, or third
parties, as reviewed and certified by counsel of record, producing information in connection with
this litigation to contain trade secrets or other proprietary and confidential commercial and/or
personal information as described or referenced in Fed. R. Civ. P. 26(c), or which are already
subject to confidentiality agreements or orders separate and apart from this litigation. No
CONFIDENTIAL information produced in this litigation shall be disclosed or used for any
purpose except the prosecution and/or defense of this litigation.
4.
CONFIDENTIAL documents, medical records, materials, and/or information
(collectively “CONFIDENTIAL information”) shall not, without the consent of the party
producing it or further Order of the Court, be disclosed except that such information may be
disclosed to:
(a)
attorneys actively working on this case;
(b)
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;
(c)
the parties, and the officers, directors and/or employees of the parties who
have direct responsibility for assisting in the preparation and trial of the lawsuit;
(d)
experts, investigators, and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for preparation, trial or other proceedings
in this case;
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(e)
the Court and its employees (“Court Personnel”), provided, however, that
all court filings that attach, incorporate or disclose CONFIDENTIAL information shall be
subject to D.C.COLO.LCivR 7.2 governing Public Access to Documents and Proceedings;
(f)
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action.
5.
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 a written acknowledgment stating that he or she has read this Protective Order and
agrees to be bound by its provisions. All such acknowledgments 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.
6.
Documents shall be designated CONFIDENTIAL by placing or affixing on them,
in a manner that will not interfere with their legibility, the following or other appropriate notice:
“CONFIDENTIAL.” All documents pertaining to the medical care of Plaintiff which have
already been provided to counsel for Defendant and which were provided without the words
“CONFIDENTIAL” shall be considered CONFIDENTIAL. Information and/or documents will
be designated CONFIDENTIAL only after a review by and certification of CONFIDENTIAL by
counsel of record.
7.
Whenever a deposition involves the use of CONFIDENTIAL information, the
deposition transcript, or portions thereof, may be designated as CONFIDENTIAL and, if so
designated, shall be subject to the provisions of this Protective Order. Such designation shall be
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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.
8.
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. Such motion shall be filed pursuant to D.C.COLO.LCivR
7.2 governing Public Access to Documents and Proceedings and resolved by the court in the
manner outlined therein. 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.
9.
Any person who receives CONFIDENTIAL information under this Order from
another person or party, and who is served with a subpoena for any such information, shall give
counsel for the parties seven (7) days’ notice (or reasonable notice if the time for compliance
with the Subpoena is less than seven (7) days) before producing any such material.
10.
At 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. Alternatively, the parties may agree
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that CONFIDENTIAL documents can be destroyed.
Where the parties agree to destroy
CONFIDENTIAL documents, the destroying party shall provide all parties with an affidavit
confirming the destruction if requested.
11.
After the termination of this case, the provisions of this Order shall continue to be
binding and this Court shall retain jurisdiction over the parties and any other person who has
access to documents and information produced pursuant to this Order for the purpose of
enforcement of its provisions.
12.
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.
13.
This Order does not, by itself, authorize the filing of any i n f o r m a t i o n
o r document under restriction. Any party wishing to file i n f o r m a t i o n a n d / o r a
document designated as CONFIDENTIAL INFORMATION in connection with a motion,
brief or other submission to the Court must comply with D.C.Colo.LCivR 7.2.
So Ordered this 8th day of February, 2016.
BY THE COURT:
s/ Nina Y. Wang
Nina Y. Wang
United States Magistrate Judge
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AGREED AND STIPULATED:
MCDIVITT LAW FIRM, P.C.
By:
Date:
Edward Lomena, Esq.
McDivitt Law Firm, P.C.
19 East Cimarron Street
Colorado Springs, Colorado 80903
Litigation@mcdivittlaw.com
ATTORNEY FOR PLAINTIFF
ESTHER SANTISTEVAN
MONTGOMERY AMATUZIO
DUSBABEK CHASE, LLP
By:
Date:
John R. Chase, Esq.
Amanda C. Jokerst, Esq.
4100 East Mississippi Ave., Suite 1600
Denver, Colorado 80246
jchase@madc-law.com
ajokerst@madc-law.com
ATTORNEYS FOR DEFENDANT
TARGET STORES, A DIVISION OF
TARGET CORPORATION
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