Evans v. Northwestern Mutual Life Insurance Company

Filing 27

STIPULATED PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 11/24/15. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-CV-01687-CMA-NYW
RICHARD EVANS, M.D., individual,
Plaintiff,
V.

NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY., a Wisconsin insurance
company,
Defendant.

STIPULATED PROTECTIVE ORDER

The parties hereto, by and through their respective counsel, submit the following
Stipulated Protective Order:
1.

In this action, at least one of the parties has disclosed confidential

information. The parties also anticipate seeking additional confidential information during
discovery and anticipate that there will be questioning concerning confidential information
in the course of depositions. The parties assert that the disclosure of such information
outside the scope of this litigation could result in significant injury to one or more of the
parties' privacy interests. The parties have entered into this Stipulated Protective Order
and request that the Court enter the Stipulated Protective Order to prevent the
unnecessary disclosure of confidential information except as set forth herein.
2.

Any party may designate any document as confidential based on

counsel’s good faith review and certification that the information implicates statutory or
common law confidentiality or privacy interests. If any document is designated as
confidential, then each page of such document shall be plainly and clearly marked
"confidential" by the party designating it as such. Deposition transcripts

may also be designated confidential. A party may designate a deposition transcript
confidential by sending a letter notifying all other parties thereof within thirty days after
the transcript is received by the party's counsel.
3.

Any party may object to a designation of a document or deposition

transcript as confidential. In such event, the objection shall be submitted to the Court
for a determination about whether the designation is proper. Until a decision by the
Court, the document or transcript shall be treated as confidential.
4.

All documents or deposition transcripts which have been designated

confidential or any pleading or memorandum reproducing, quoting from, paraphrasing or
otherwise substantially revealing the content of a document or deposition transcript that
has been designated confidential, and which are submitted to the Court, shall be
submitted under seal in an envelope or other appropriate sealed procedure on which shall
be endorsed the statement that the submission contains confidential information not to be
opened, displayed, or revealed to unauthorized persons except by order of the Court or
consent of the producing party.
5.

Any material designated confidential pursuant to paragraph 1 shall be used

by the party receiving the material solely for the purposes of this action, and shall not be
used for any business or other purpose whatsoever, and shall not, unless directed by an
appropriate Court, be made available or disclosed to persons other than "qualified
persons." "Qualified person" as used herein means:
a.

A party or an officer, director or employee of a party;

b.

Counsel of record for the parties and their legal staff;

c.
A person retained by a party or its attorneys of record to assist in this
action, such as independent accountants, expert witnesses, or consultants;

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d.
Court officials involved in this action, including the Court and its staff,
court reporters, persons operating video recording equipment at depositions,
and any Special Master or Referee appointed by the Court;
e.
Actual or potential deposition witnesses or trial witnesses in this
action; or
f.
Any person retained by the parties to act as a mediator or to conduct
settlement negotiations.
6.

At the conclusion of the case, all copies of any designated confidential

material shall be returned to the party who designated the material as confidential.
However, the termination of the action shall not relieve counsel or other persons
obligated hereunder from their responsibility to maintain the confidentiality of information
produced pursuant to this Stipulated Protective Order and the Court shall retain
continuing jurisdiction to enforce the terms of this Stipulated Protective Order.
7.

This Stipulated Protective Order shall bind the parties and their attorneys as

soon as it is signed by attorneys for both parties, and it shall be submitted to the Court to
be made an Order of the Court.
8.

Nothing in this Order may be construed as an Order of the court restricting

the filing of Confidential Information. To the extent that any Party seeks to restrict any
document or information, the Parties must comply with D.C.COLO.LCivR 7.2.

So Ordered this 24th day of November, 2015.

BY THE COURT:

s/ Nina Y. Wang
United States Magistrate Judge

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APPROVED AS TO FORM:

ac
. Car nte
Jo ph . anlandingham
151
ynkoop St., Ste. 600
Denver, CO 80202
Telephone: [phone]
· [e-mail]
[e-mail]
Attorneys for The Northwestern Mutual
Life Insurance Company

R ert M. Baldwin
1512 Larimer St., Ste. 450
Denver, CO 80202
Telephone: [phone]
[e-mail]
Attorneys for Plaintiff

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