Garcia v. Ensign United States Drilling Inc.

Filing 26

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 2/3/16. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 1:15-cv-02372-CMA-KMT
PETE GARCIA,
Plaintiff,
v.
ENSIGN UNITED STATES DRILLING INC.,
Defendant.

STIPULATED PROTECTIVE ORDER
CONCERNING CONFIDENTIAL INFORMATION

The parties, by and through their respective counsel, stipulate to the entry of this
Protective Order Concerning Confidential Information, as follows:
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, and other information disclosed pursuant to the
disclosure or discovery duties created by the Federal Rules of Civil Procedure and designated as
“CONFIDENTIAL” pursuant to the terms of this Protective Order.
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.

EMPLOY/1264359.1

3.

"CONFIDENTIAL" information covered under the terms of this protective order

shall include documents, materials and/or information produced by either Pete Garcia
(“Plaintiff”) or Ensign United States Drilling Inc. (“Defendant”), when designated as
“CONFIDENTIAL” as provided herein, that include proprietary and/or confidential information
not publicly available, which implicate a privilege or legitimate privacy interest.
As a condition of designating documents “CONFIDENTIAL,” the documents must be
reviewed by a lawyer of the designating party who will certify that the designation as
“CONFIDENTIAL” is based on a good faith belief that the information is confidential or
otherwise entitled to protection.
4.

CONFIDENTIAL information shall not be disclosed or used for any purpose

except the preparation and trial of this case.
5.

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 working on this case;
(b) persons regularly employed or associated with the attorneys working on the
case whose assistance is required by said attorneys for work on this case;
(c) the parties to this action;
(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;
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(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; and
(i) other persons by written agreement of the parties.
6.

Documents are designated as CONFIDENTIAL by placing or affixing on them

(in a manner that will not interfere with their legibility) or otherwise designating as
CONFIDENTIAL in clear and conspicuous manner the following or other appropriate notice:
"CONFIDENTIAL."
7.

Parties have entered into a Non-Waiver Clawback Agreement related to the

inadvertent or unintentional disclosure by the producing party of confidential and/or privileged
information. A copy of the Non-Waiver Clawback Agreement is attached as Exhibit A.
8.

All depositions shall be treated as CONFIDENTIAL until expiration of thirty

(30) days after the deposition.

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 thirty (30) days after
notice by the court reporter of the completion of the transcript.
9.

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
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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 within thirty (30) days of the aforementioned notice. 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.
10.

Any information designated CONFIDENTIAL that is to 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.
11.

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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DONE AND ORDERED this 3rd day of February, 2016.

___________________________________
Kathleen M. Tafoya
United States Magistrate Judge

STIPULATED TO AND APPROVED AS TO FORM this 2nd day of February, 2016.
JOSEPH C. COHEN, P.C.

ELLIS KELLY LLC

/s/ Joseph C. Cohen
Joseph C. Cohen, #17759
1901 W. Littleton Blvd., Suite 219
Littleton, CO 80120
Telephone: [phone]
Facsimile: [phone]
[e-mail]

s/Rachel E. Ellis
Rachel E. Ellis, #40447
Megan E. Kelly, #40263
Denver, CO 80218
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

Attorneys for Plaintiff Pete Garcia

SHERMAN & HOWARD LLC
s/ Brooke A. Colaizzi
Brooke A. Colaizzi, Esq.
Beth Ann Lennon, Esq.
633 17th St., Suite 3000
Denver, CO 80202
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant Ensign United States Drilling Inc.
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