Trujillo v. Cummins Rocky Mountain, LLC

Filing 13

PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 3/23/16. 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-02695-CBS
ALFRED TRUJILLO,
Plaintiff,
v.
CUMMINS ROCKY MOUNTAIN, LLC,
Defendant.

PROTECTIVE ORDER

Pursuant to the Joint Motion for Entry of Protective Order filed by the parties, the Court
hereby orders as follows:
1.

This Protective Order applies to all documents, materials, and information,

including but not limited to documents produced, answers to interrogatories, responses to
requests for admission, deposition testimony, and other information that is disclosed in this
matter pursuant to (a) the disclosure or discovery duties created by the Federal Rules of Civil
Procedure, (b) agreement of the parties, and (c) orders of the Court.
2.

As used in this Protective Order, “document” is defined as provided in Federal

Rule of Civil Procedure 34(a). A draft or nonidentical copy is a separate document within the
meaning of this term.
3.

One who provides, serves, discloses, or files any nonpublic documents or

information in connection with this action, and who in good faith believes any such document or
information contains nonpublic personal, private, financial, social-services, or proprietary
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information; trade secrets or other competitively sensitive information; other confidential
research, development, or commercial information; or other information implicating privacy
interests or proprietary interests of either Plaintiff or Defendant, or of any other person, may
designate such documents or information as “Confidential.” The documents or information so
designated shall be deemed “Confidential Material” subject to this Protective Order.
4.

Confidential Material shall be used only for the limited purpose of preparing for

and conducting this civil action (including any motions, hearings, trials, or appeals), and not for
any other purpose whatsoever, and shall not, without the consent of the party producing it or
further order of the Court, be disclosed in any way to anyone except those specified in this
paragraph:
a.

attorneys involved with the litigation;

b.

persons regularly employed by, or contracted with, or associated with the

attorneys involved with the litigation whose assistance is deemed required by said
attorneys in the preparation for trial or other proceedings in this case;
c.

the parties and designated representatives of Defendant, as well as their

insurers and reinsurers;
d.

deponents, consultants, and witnesses (both lay and expert) who execute

the attached Exhibit A;
e.

the Court and its employees;

f.

stenographic reporters and videographers who are engaged in proceedings

incident to the conduct of this action;

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g.

copying or scanning services and their employees who will, or who may

be asked to work with counsel to reproduce, organize, image, or otherwise work with
materials produced in this action;
h.

mediators; and

i.

persons agreed upon by the parties in writing, provided that such persons

execute the attached Exhibit A.
5.

Provided, however, that this Order does not require Defendant to deviate from its

normal business practices with respect to its Confidential Material and does not limit
Defendant’s ability to use its Confidential Material in the normal course of its business
operations. Provided further, however, that the Parties may use their own Confidential Material
for any lawful purpose as they see fit. Otherwise, except as specified herein, no Confidential
Material shall be disclosed to anyone other than the persons set out in Paragraph 4 and then in
accordance with the conditions set out. When the disclosure of Confidential Material to a person
listed in Paragraph 4(d) or (i) is made, counsel making the disclosure of information shall
provide such person with a copy of this Protective Order and have such person execute a copy of
Exhibit A acknowledging that he or she read this Protective Order and agreed to be bound by its
provisions. All such acknowledgments shall be retained by counsel and shall be subject to
review by the Court if good cause for review is demonstrated by opposing counsel.
6.

This Protective Order shall not prohibit or restrain any party from performing the

tasks necessary to prepare and conduct this civil action; however, any disclosure or
communication of the information covered by this Protective Order, except as specifically
allowed by this Protective Order for the purposes of this litigation only, is prohibited. This

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Protective Order is entered with the intention that none of the information revealed in connection
with such protections be used for any purpose other than in relation to this litigation and that no
one be allowed to use any information produced pursuant to this order in connection with any
other issue, dispute, litigation, or charge against any of the parties whether currently pending or
contemplated in the future.
7.

All copies of materials designated as Confidential Material shall be stamped to

indicate the protected and confidential nature of the disclosed information. Review of
Confidential Material by counsel, experts, or consultants for the litigation will not constitute any
waiver of the confidentiality of the document or of any objections to production. The inadvertent,
unintentional, or in camera disclosure of Confidential Material shall not, in and of itself, be
deemed a waiver, in whole or in part, of any claims of confidentiality.
8.

Counsel to the parties are required to advise, instruct, and supervise all associates,

staff, contractors, and employees of counsel to keep designated Confidential Material
confidential.

Counsel and the parties also agree to such treatment of the information by

themselves, and counsel will appropriately instruct their clients as to the protected nature of the
information produced pursuant to this order and the limitations on its use and disclosure.
9.

Documents are designated as Confidential Material by placing or affixing the

word “CONFIDENTIAL” on them in a manner that will not interfere with their legibility.
10.

Whenever a deposition involves the disclosure of Confidential Material, the

deposition or portions thereof shall be designated as Confidential and subject to 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 Material after transcription,

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upon written notice of the designation to all counsel of record. The cover page and those
portions of the original transcripts that contain Confidential Material shall bear the legend
“CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER.” Any deposition exhibits designated
Confidential shall also be marked accordingly.
11.

A party may object to the designation of particular Confidential Material 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 Material 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 fifteen business days of receiving the written notice of
objection.

If such a motion is timely filed, the disputed information shall be treated as

Confidential Material under the terms of this Protective Order until the Court rules on the
motion. If such motion is not timely filed, the disputed information shall lose its designation as
Confidential Material. In connection with a motion filed under this provision, the party
designating the information as Confidential Material shall bear the burden of establishing that
good cause exists for the disputed information to be treated as Confidential Material.
12.

In the event Confidential Material is used in any court filing or proceeding in this

action, including but not limited to its use at trial, it shall not lose its confidential status as
between the parties through such use. Confidential Material and pleadings or briefs quoting or
discussing Confidential Material will not be accepted for filing under restricted access or
otherwise kept out of the public record in this action except by court order issued upon motion of

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the party seeking to file the documents under seal.

Any motion requesting leave to file

documents under seal shall comply with the requirements of D.C.Colo.LCivR 7.2 and
demonstrate that the Confidential Material at issue is entitled to protection under the standards
articulated in Nixon v. Warner Communications, Inc., 435 U.S. 589, 598-602 (1978) (applied in
United States v. Hickey, 767 F.2d 705, 708 (10th Cir. 1985) and Crystal Grower’s Corp. v.
Dobbins, 616 F.2d 458, 461 (10th Cir. 1980)).
13.

After the conclusion of this case and after the document-retention period of the

attorneys of record, unless other arrangements are agreed upon, the receiving party shall destroy
each document and all copies thereof designated as Confidential Material, along with any
electronic copies and all media back-ups.
14.

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.
15.

Nothing in this Protective Order shall prevent any party or other person from

seeking modification of this order or from objecting to discovery that the party or other person
believes to be improper. Nothing in this Protective Order shall prejudice the right of any party to
contest the alleged relevancy, admissibility, or discoverability of confidential documents or
information sought.

Nothing in this Order shall require production of any documents or

information to the extent that the production is prohibited by law.
16.

The inadvertent disclosure or production of any information or document that is

subject to an objection on the basis of attorney-client privilege or work-product protection, or
deemed Confidential under this Protective Order, will not be deemed a waiver of a party’s claim
to its privileged or protected nature or estop that party from designating the information or

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document as Confidential. Any party receiving any such information or document shall return it
upon request from the producing party within five business days of the request, regardless of
whether the receiving party agrees with the claim of confidentiality or privilege.
Dated this 23RD day of March, 2016.

BY THE COURT:

s/Craig B. Shaffer
United States Magistrate Judge

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02695-CBS
ALFRED TRUJILLO,
Plaintiff,
v.
CUMMINS ROCKY MOUNTAIN, LLC,
Defendant.

EXHIBIT A TO PROTECTIVE ORDER

I, ______________________________ (please print), the undersigned, hereby acknowledge that
I have read the Protective Order entered by the Court on _________________, 2016, in the
above-captioned civil action and I understand the terms and conditions of such Protective Order
governing the restricted use of information and materials obtained from the parties and provided
to me for the sole purposes of this action, and hereby agree to keep all such information and
materials strictly and absolutely confidential, and in all other respects to be bound by the terms
of the Protective Order.

____________________

________________________________

Date

Signature

A-1