Preeson v. Parkview Medical Center, Inc. et al

Filing 27

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 1/22/16. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No.

1:15-cv-2263-MSK-KMT

Kimberly Preeson,
Plaintiff,
v.
Parkview Medical Center, Inc.,
Laura Harrison, individually, and as Director of Admissions and Financial Counseling of
Parkview Medical Center, Inc.,
Defendants.

JOINT PROPOSED PROTECTIVE ORDER

Upon a showing of good cause in support of the entry of a protective order to protect the
discovery and dissemination of confidential information or information which may 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, materials and information, including
without limitation, documents produced, answers to interrogatories, responses to requests
for admission, deposition testimony, deposition exhibits 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.

3. A party may designate as “CONFIDENTIAL” any document or portion of a document
that is confidential and implicates common law and statutory privacy interests of the
parties, either of them, their employees or representatives, or their other policyholders or
other customers. 45 C.F.R. § 164.508 (prohibiting disclosure of medical information of
patients); C.R.S. § 25-1-1202 (providing an index to all Colorado laws regarding medical
record confidentiality); 15 U.S.C. § 6801 et seq. (providing that financial institutions
have an affirmative and continuing obligation to respect the privacy of their customers
and to protect the security and confidentiality of those customers’ nonpublic personal
information); Corbetta v. Albertson’s, Inc., 975 P.2d 718, 720-21 (Colo. 1999)
(recognizing the confidentiality of employee information); Fed. R. Civ. P. 26(c)(1)(G)
(recognizing that trade secrets and commercial information may be subject to protective
order).
4. Confidential information shall not be disclosed or used for any purpose except the
preparation and trial of this case. No person receiving such CONFIDENTIAL
information shall, without the consent of the party producing it or further Order of the
Court, directly or indirectly, transfer, disclose, or communicate in any way the contents
of the CONFIDENTIAL information to any person other than those specified in
Paragraph 5. Each party shall use appropriate safeguards to protect CONFIDENTIAL
information of other parties or third-parties from being disclosed in a manner that would
be inconsistent with this Protective Order.
5. Access to any CONFIDENTIAL information shall be limited to:

a. Attorneys actively working on this case;

b. The parties to this action;

c. Persons regularly employed or associated with the attorneys actively working on the
case whose assistance is required by those attorneys for work on this case;
d. The agents or employees of the parties, who are needed for discovery, preparation,
trial or other proceedings or work in this case;
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. Court Personnel, but see Sec. 11 regarding public filing of CONFIDENTIAL
information;
g. Stenographic reporters who are engaged in proceedings necessarily incident to the
conduct of this action;
h. Deponents, witnesses, or potential witnesses; and

i. Other persons by written agreement of parties.

6. 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.

7. Documents are designated as CONFIDENTIAL by placing or affixing on them (in a
manner that will not interfere with their legibility) the following or other appropriate
notice: “CONFIDENTIAL.”
8. Wherever 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 thirty (30) days after notice
by court reporter of the completion of the transcript. No party shall publicly file or
otherwise publicly disclose transcripts, or portions thereof, within thirty (30) days after
notice by the court reporter of the completion of the transcript without conferring with all
interested parties whose CONFIDENTIAL information may be contained in the
transcript.
9. Any party who inadvertently fails to identify documents as CONFIDENTIAL at the time
of their production shall provide written notice of the error and substitute copies of the
inadvertently produced documents bearing appropriate confidentiality designations. Any
party receiving such substituted documents shall return to the producing party or destroy
all inadvertently produced confidential documents in its possession that lack the
appropriate confidentiality designation and shall make reasonable efforts to retrieve
documents distributed to persons not entitled to receive documents with the corrected
designation.

10. If a party inadvertently discloses CONFIDENTIAL information of another party to this
action to anyone other than the persons set forth in Paragraph 5, counsel for the party that
made the inadvertent disclosure shall notify the opposing party’s counsel or record, or the
third party, of the inadvertent disclosure and make reasonable efforts to retrieve the
CONFIDENTIAL information and any documents containing such CONFIDENTIAL
information and to obtain the agreement of persons to whom the inadvertent disclosure
was made to treat the CONFIDENTIAL information in accordance with the terms of this
Protective Order.
11. Any information designated CONFIDENTIAL that is to be filed with the Court pursuant
to the Court’s electronic filing system shall be filed as a Level I restricted document
pursuant to D.C.COLO.LCivR 7.2, unless otherwise agreed between the Parties. The
party designating the information as CONFIDENTIAL shall bear the responsibility of
filing an appropriate motion to restrict access pursuant to D.C.COLO.LCivR 7.2 (c) or (e)
within the time limits set forth in the rule.
12. The parties shall follow the procedures identified in Federal Rule of Civil Procedure
5.2(a) and (h).
13. In the event of a hearing or trial in this matter at which any party intends to present
CONFIDENTIAL information to the Court or a jury, counsel for the parties will confer to
determine what safeguards, if any, may be necessary to protect against the disclosure of
the CONFIDENTIAL information, and shall attempt to determine the least intrusive and
burdensome means of protecting such materials during the proceeding. Counsel for the

parties shall take appropriate steps to have the Court incorporate in the pretrial order such
procedures to the extent, if any, the Court deems such procedures to be appropriate.
14. A party designating information as CONFIDENTIAL may change the designation to
non-confidential by providing notice to the receiving parties and providing substituted
documents without a Confidential designation.
15. 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 (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 no later than fifteen
(15) business days after the time the notice is received. 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 party designating the information as CONFIDENTIAL shall bear the
burden of establishing that good cause exists for the disputed information to be treated as
CONFIDENTIAL.

16. At the conclusion of this case, the attorney(s) for each party may elect to (1) return all
CONFIDENTIAL information to the designating party; (2) destroy all CONFIDENTIAL
information pursuant to document destruction policies or otherwise; or (3) retain the
CONFIDENTIAL information as part of the attorney’s case file, provided that an
attorney retaining CONFIDENTIAL information of the other party must continue to treat
the information as CONFIDENTIAL pursuant to this Protective Order.
17. 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.
18. The Stipulating Parties, by their undersigned counsel, stipulate and consent to making an
entry of this Protective Order.
The foregoing STIPULATED PROTECTIVE ORDER is ADOPTED and ENTERED as
an ORDER of the Court.
DATED at Denver, Colorado, this 22nd day of January, 2016.

BY THE COURT:

Kathleen M. Tafoya
United States Magistrate Judge