Bonham v. GEICO Casualty Company
STIPULATED CONFIDENTIALITY ORDER by Magistrate Judge Michael E. Hegarty on 10/14/2015. (mdave, )
IN THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF COLORADO
Civil Action No. 1:15-cv-02109-MEH
JESSICA L. BONHAM,
GEICO CASUALTY COMPANY,
STIPULATED CONFIDENTIALITY ORDER
Michael E. Hegarty, United States Magistrate Judge.
Whereas, this lawsuit may involve the disclosure and/or production of documents
and/or information that the Parties believe contain confidential information such as (1)
Defendant’s confidential, nonpublic, commercially-sensitive financial, business, or
analytical information, or proprietary information and data; (2) trade secret or other
confidential research, development or other commercial information of the Defendant
under Federal Rule of Civil Procedure 26(c); (3) the confidential, non-public, private
health, financial or other information of Defendant’s policyholders, insureds, claimants
and/or employees or former employees that may be protected by state and/or federal law
or by contract; and/or (4) the confidential, proprietary, commercially-sensitive, and/or trade
secret information of a third party.
Whereas, the Parties desire the entry of a confidentiality order to expedite the flow
of discovery material, facilitate the prompt resolution of disputes over confidentiality, and
protect material required by law or otherwise entitled or required to be kept confidential.
Therefore, based upon the generalized showing of good cause for entry of a
confidentiality order, it is hereby,
ORDERED that the following provisions shall govern the Parties’ claims of
confidentiality in this proceeding:
“Confidential” or “Confidential Information” or “Confidential Documents” as
used herein, means any information of any type, kind or character which a party
reasonably and in good faith believes to be confidential and which is designated as
“Confidential” by Plaintiff or Defendant whether it be a document, information contained in
a document, information revealed during a deposition, information revealed in a discovery
answer or otherwise, which information has not been made available to the public at large
and which includes, but is not limited to, (a) Defendant’s confidential, nonpublic,
commercially-sensitive financial, business, or analytical information, or proprietary
information and data, including but not limited to, information regarding the processes,
operations, production, sales, income, profits, losses, savings, internal analysis of any
of the aforementioned, training manuals or marketing information, pricing information,
insurance rating information, internal forecasts, profit information, marketing strategies
and approaches; (b) trade secret or other confidential research, development or other
commercial information of the Defendant as described in Federal Rule of Civil
Procedure 26(c); (c) the confidential, non-public, private health, financial or other
information of Defendant’s policyholders, insureds, claimants and/or employees or former
employees that may be protected by state and/or federal law or by contract, or which
would not generally be disclosed to the public; and/or (d) information that is the
confidential, proprietary, commercially-sensitive, and/or trade secret information of a third
In the event that materials containing Confidential Information are produced
and/or disclosed, all such materials, including documents produced or exchanged in the
course of this litigation, pleadings, motions, interrogatory answers, other discovery
responses and testimony given in depositions, shall be deemed Confidential Information
pursuant to the terms of this Order. Confidential Information shall be used solely for the
purposes of this litigation only, and no other litigation or claim, and shall not be revealed,
disclosed or made available for inspection or copying to any person except under the
terms of this Order as required to be disclosed by the Court.
As used in this Order, the “producing party” means any party who either
produces Confidential Information or asserts a confidentiality interest in information
produced by another in this action. Parties will only label or identify documents or
information as Confidential which they, in good faith, believe falls within the definition of
Confidential set forth in paragraph 1 above. The opposing party’s failure to challenge the
propriety of a designation by the producing party immediately shall not preclude a
subsequent challenge by the opposing party. Confidential Documents or parts thereof will
be designated by marking each page of the document as “Confidential.” Electronic
information may be marked Confidential in a manner consistent with the manner in which
the information is maintained.
No person other than (a) the parties to this case, (b) counsel of record
(which shall be deemed to include other attorneys from the law firm of counsel of record,
counsel's legal assistants, and other employees), (c) any person (and his or her counsel)
from whom testimony under oath is taken at a deposition, trial or other evidentiary hearing
in connection with this case, (d) court personnel and court reporters, (e) consultants or
experts retained or consulted by any party in connection with this case and persons
working directly under their supervision, (f) any independent contractors retained by a
party or their counsel to work on this case, and (g) mediators utilized by the Parties in the
litigation of this matter, shall be permitted to have access to any information designated as
Confidential under the terms of this Order without the prior written consent of the
producing party or its counsel or by order of the court. Prior to disclosing any Confidential
Information or Document to any person identified in categories c, e, f and g of this
paragraph, counsel shall first require such persons to review a copy of this Stipulated
Confidentiality Order and execute an Acknowledgement in the form attached to this Order
as Exhibit “A.” Signed Acknowledgment forms shall be kept by the disclosing attorney.
If a party believes that a document or information designated Confidential by
the producing party does not warrant such designation, that party shall give written notice
to the party designating the disputed information. The written notice shall identify the
information to which the objection is made, after which the Parties shall first make a good
faith effort to resolve the dispute. Disputes which cannot be resolved informally may be
presented for resolution to the Court by motion filed by the party designating the
information as Confidential. The party designing the information as Confidential shall bear
the burden of establishing that good cause exists for the disputed information to be treated
Notice of objection to a Confidentiality designation can also be made at a
deposition when information is designated at a deposition as Confidential. At the time of
deposition or within 30 days after receipt of the deposition transcript, a party may
designate as Confidential specific portions of the transcript which contain Confidential
matters under the standards set forth in paragraph 1 above. This designation shall be in
writing and served upon opposing counsel. No objection shall be interposed at deposition
that an answer would elicit Confidential information. Transcripts will be treated as
Confidential for this 30 day period. Any portions of a transcript designated Confidential
shall thereafter be treated as Confidential in accordance with this Stipulated Confidentiality
In filing materials with the Court in pretrial proceedings, counsel shall file
under seal, or redact or otherwise code to ensure that the secrecy of the information is
maintained, only those specific documents and that deposition testimony designated
Confidential, and only those specific portions of briefs, applications, and other filings that
contain Confidential Information or Documents, or that set forth the substance of such
Nothing herein shall restrict a party: (a) from using or disclosing Confidential
Documents or Information obtained by such party independent of discovery or disclosure
in this action, whether or not such documents or information is also obtained through
discovery or disclosure in this action; or (b) from disclosing its own Confidential
Documents or Information as it deems appropriate; or (c) from making disclosures ordered
by the Court.
In the event a party knowingly and intentionally chooses to disclose its own
Confidential Documents or Information in a non-confidential manner, it shall be deemed to
have waived the right to claim confidentiality to that specific document or information. The
inadvertent and unintentional disclosure of a Confidential Document or Confidential
Information shall not generally be deemed a waiver, in whole or in part, of any party's
claims of confidentiality.
Review of the Confidential Documents or Confidential Information by
counsel, experts, or consultants for the litigants in the litigation shall not waive the
confidentiality of the documents or information or objections to production. Disclosure of
Confidential Documents or Information shall not constitute a waiver by the Parties of any
objection which might be raised as to the admissibility of any evidential materials. This
Order shall not prejudice the rights of a party or person to oppose or object to production
of any Confidential Documents or Information for lack of relevance or for any other ground
If at any time in the future any person demands by subpoena or other
compulsory process (collectively, "subpoena") the production of Confidential Documents
or Confidential Information governed by this Protective Order, the party served with the
non-party subpoena must notify the party that produced the Confidential Documents
and/or Confidential Information within seven (7) business days of receipt of the subpoena
or at least 48 hours prior to the time that the subpoena is to be complied with, whichever is
earlier, in order to provide counsel for the party who produced the Confidential Documents
and/or Confidential Information with sufficient information and an opportunity to protect the
interests of the producing party by opposing the subpoena, if and only if, the party served
was given notice by the party issuing the subpoena.
Within sixty (60) days of the termination of this litigation in its entirety,
including any appellate process, upon written request, the originals and all copies of
Confidential Documents or documents referencing Confidential Information, shall be
destroyed or shall be given to the party who produced such Confidential Information or
Documents. All individuals who have received Confidential Documents or Confidential
Information shall certify in writing that all such documents or information has been returned
or destroyed. The counsel for the party receiving such certifications shall maintain copies
of the same and shall have them available to provide to the party whose Confidential
Documents or Confidential Information was provided to the individual.
Any party or person who received Confidential Information or Confidential
Documents covered by this Order agrees to submit the jurisdiction of this Court with
respect to any dispute involving the subject matter of this Stipulated Confidentiality Order.
IT IS SO ORDERED.
Dated at Denver, Colorado, this 14th day of October, 2015.
BY THE COURT:
Michael E. Hegarty
United States Magistrate Judge
/s/ Gregory K. Falls
Gregory K. Falls
Deisch, Marion & Klaus, P.C.
Attorneys for Defendant
/s/ Brian D. Pushchak
Brian D. Pushchak
Pushchak Law Firm, LLC
Attorneys for Plaintiff
EXHIBIT A TO STIPULATED CONFIDENTIALITY ORDER
ACKNOWLEDGMENT OF STIPULATED CONFIDENTIALITY ORDER
JESSICA L. BONHAM v. GEICO CASUALTY COMPANY,
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
My full name is ____________________________________________________.
My address is _____________________________________________________
My present employer is ______________________________________________
My present occupation or job description is ______________________________
I have received a copy of the Stipulated Confidentiality Order entered in Case No.
15-cv-02109, United States District Court for the District of Colorado. I have carefully read
and understand the provisions of the Stipulated Confidentiality Order. I will comply with all
of the provisions of the Stipulated Confidentiality Order.
I will not disclose any Confidential Documents or Confidential Information to any
persons, except as allowed under this Stipulated Confidentiality Order. I will use any such
Confidential Documents and Confidential Information only with respect to my services in
Case No. 15-cv-02109, United States District Court for the District of Colorado.
I will either destroy or return all Confidential Documents and Confidential
Information that comes into my possession to the attorney representing the party that has
employed or retained me or who provided such documents to me. I will likewise destroy or
provide all documents or notes which I have prepared which contain or reference such
Confidential Documents or Information to such attorney. I will provide a written statement
to such attorney that I have either returned or destroyed all copies of Confidential
Documents or Information along with any notes or documents I have created which
reference said Confidential Documents or Information.
I agree to submit to the jurisdiction of the United States District Court for the District
of Colorado, for the purposes of enforcement of this Stipulated Confidentiality Order.
DATED this ______ day of ______________________, 2015.
Signature – Jessica L Bonham
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