Equal Employment Opportunity Commission v. Columbine Management Services, Inc. et al.
Filing
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PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 11/27/15. 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. 15-cv-01597-MSK-CBS
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
v.
COLUMBINE MANAGEMENT SERVICES, INC. D/B/A COLUMBINE HEALTH
SYSTEMS, INC., and
THE WORTHINGTON, INC., D/B/A NEW MERCER COMMONS ASSISTED LIVING
FACILITY,
Defendants.
PROTECTIVE ORDER
This matter comes before the Court on the parties’ Joint Motion for Entry of
Protective Order. (ECF No. 26). The Court has reviewed that Motion. The parties have
shown good cause in support of the entry of a protective order to protect the discovery
and dissemination of confidential information. Therefore, IT IS ORDERED:
1.
This Protective Order shall apply to all confidential documents, materials,
and information, produced, given, or exchanged by and among the parties and nonparties to this action including, without limitation, documents produced, answers to
interrogatories, responses to requests for admission, deposition testimony, deposition
exhibits, and any other confidential 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.
3.
As used in this Protective Order, “Aggrieved Individuals” is defined to
mean anyone the EEOC formally discloses to Defendant as an individual on whose
behalf it seeks relief in this suit, including, but not limited to, the Charging Party Kiros
Aregahgn, known aggrieved individuals, Mohamed Osman Maghoub, Sawson Ibrahim,
Hanaa Gaul, and Marlene Hoem, and any as yet unidentified individuals EEOC alleges
were subjected to disparate treatment, disparate impact, and/or retaliation by
Defendants.
4.
party
who
As used in this Protective Order, “designating party” is defined as any
has
designated
documents,
materials,
and/or
information
as
“CONFIDENTIAL.”
5.
implicates
Information designated “CONFIDENTIAL” shall be information that
common
law
privacy
interests,
statutory privacy interests,
and/or
confidentiality interests such as: (a) certain designated portions of personnel records of
the Aggrieved Individuals and Defendant’s current or former employees and/or
applicants for employment; (b) Defendant’s trade secrets; (c) privileged or confidential
commercial information; (d) privileged or confidential financial information; (e) medical
records, financial records, and tax records pertaining to the Defendant’s current and
former employees or applicants for employment, and any other witness in this case.
CONFIDENTIAL information shall not be disclosed for any purpose except for the
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preparation and trial of this case and as prescribed by law by 5 U.S.C. § 552, Freedom
of Information Act (FOIA), as amended.
6.
CONFIDENTIAL documents, materials, and/or information (collectively
“CONFIDENTIAL information”) shall not, without the consent of the designating party 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 designated representatives for the parties;
(d)
Aggrieved Individuals;
(e)
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;
(f)
the Court and its employees (“Court Personnel”);
(g)
stenographic
reporters
who
are
engaged
in
proceedings
necessarily incident to the conduct of this action;
(h)
deponents, witnesses, or potential witnesses likely to have
knowledge or information related to the subject matter of
confidential documents, and their translators, if any; and
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(i)
7.
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, deponents,
stenographic reporters, and translators), counsel shall provide such person with a copy
of this Protective Order, explain the person’s obligations under the Protective Order,
and obtain the person’s agreement to comply with the Protective Order.
8.
The designating party may designate a document as CONFIDENTIAL by
placing or affixing on it (in a manner that will not interfere with their legibility) the
following notice, or other appropriate notice: “CONFIDENTIAL.”
9.
Before any information is designated “CONFIDENTIAL,” counsel of record
for the designating party must first review the information and make a determination, in
good faith, that it is confidential or otherwise entitled to protection under Fed. R. Civ. P.
26(c).
10.
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 fortyfive (45) days after notice by the court reporter of the completion of the transcript. The
designating party shall direct the court reporter to affix the appropriate confidentiality
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stamp to any portion of the original transcript, and to that portion of all copies of the
transcript.
11.
The parties agree to file documents designated as CONFIDENTIAL by the
other party as a restricted document in conformance with D.C.COLO.LCivR 7.2(e) so
that, if no motion is filed simultaneously with the restricted document, it is the
designating party’s burden to file the motion to keep the document(s) restricted if it
wishes for the restriction to remain. The parties will confer before any motion is filed to
determine whether the motion is unopposed.
12.
A party may object to the designation of particular CONFIDENTIAL
information by giving written notice to the designating party. 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 designating party to file an appropriate motion, within thirty (30)
days after the time the notice is received, 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 designating party shall bear the burden of
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establishing that good cause exists for the disputed information to be treated as
CONFIDENTIAL.
13.
Clawback Agreement: The parties agree that they will hereafter take
reasonable steps to protect against inadvertent disclosure of materials protected by the
work product doctrine, attorney-client privilege, and governmental deliberative process
privilege recognized by the federal courts (“Protected Materials”). The parties also agree
that the inadvertent disclosure of Protected Materials shall not constitute a waiver of the
attorney work product doctrine, attorney-client privilege, or the government deliberative
process privilege. Any party that discovers it has sent or received Protected Materials
shall immediately notify the opposing party so that appropriate steps to return or destroy
the Protected Materials may be taken. By operation of the parties’ agreement, the
parties are specifically afforded the protections of FRE 502(d) and (e). This Clawback
Agreement supplements, and does not supersede, any protections already afforded by
FRE 502 or FRCP 26(b)(5)(B).
14.
In the event additional parties join or are joined in this action, or additional
or different counsel enter an appearance, they shall also be subject to the terms of this
Protective Order.
15.
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.
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DATED at Denver, Colorado, on November 27, 2015.
BY THE COURT:
s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge
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