Zawojski V. Primary Integration-Encorp, LLC, et al
Stipulation and PROTECTIVE ORDER. Signed by Judge John L. Kane on 04/07/16. (jhawk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 1:15-cv-02802-JLK
PRIMARY INTEGRATION-ENCORP, LLC and
STIPULATION AND PROTECTIVE ORDER
Each Party and each Counsel of Record stipulate and move the Court for a Protective Order
pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the treatment of
Confidential Information (as hereinafter defined), and, as grounds therefor, state as follows:
In this action, at least one of the Parties has sought and/or is seeking Confidential
Information (as defined in paragraph 2 below). The Parties also anticipate seeking additional
Confidential Information during discovery and that there will be questioning concerning
Confidential Information in the course of depositions. The Parties assert the disclosure of such
information outside the scope of this litigation could result in significant injury to one or more of
the Parties’ business or privacy interests. The Parties have entered into this Stipulation and request
the Court enter the within Protective Order for the purpose of preventing the disclosure and use of
Confidential Information except as set forth herein.
“Confidential Information” means any document, file, portions of files, transcribed
testimony, or response to a discovery request, including any extract, abstract, chart, summary, note,
or copy made therefrom - not made available to the public - and designated by one of the Parties in
the manner provided in paragraph 3 below as containing: financial and customer information.
Where Confidential Information is produced, provided or otherwise disclosed by a
Party in response to any discovery request, it will be designated in the following manner:
By imprinting the word “Confidential” on the first page or cover of any
By imprinting the word “Confidential” next to or above any
response to a discovery request;
With respect to documents produced in native Outlook format, a
confidential designation of those documents by letter or email; and,
With respect to transcribed testimony, by giving written notice to opposing
counsel designating such portions as “Confidential” no later than ten calendar
days after receipt of the transcribed testimony.
All Confidential Information provided by a Party in response to a discovery request
or transcribed testimony shall be subject to the following restrictions:
It shall be used only for the purpose of this litigation and not for any business
or other purpose whatsoever;
It shall not be communicated or disclosed by any Party’s counsel or a Party
in any manner, either directly or indirectly, to anyone except for purposes of
this case and unless an affidavit in the form of Exhibit A has been signed.
Individuals authorized to review Confidential Information pursuant to this Protective
Order shall hold Confidential Information in confidence and shall not divulge the Confidential
Information, either verbally or in writing, to any other person, entity or government agency unless
authorized to do so by court order.
The Party’s counsel who discloses Confidential Information shall be responsible for
assuring compliance with the terms of this Protective Order with respect to persons to whom such
Confidential Information is disclosed and shall obtain and retain the original affidavits signed by
qualified recipients of Confidential Information, and shall maintain a list of all persons to whom any
Confidential Information is disclosed.
During the pendency of this action, opposing counsel may upon court order or
agreement of the parties inspect the list maintained by counsel pursuant to paragraph 6 above upon
a showing of substantial need in order to establish the source of an unauthorized disclosure of
Confidential Information and that opposing counsel are unable otherwise to identify the source of
the disclosure. If counsel disagrees with opposing counsel’s showing of substantial need, then
counsel may seek a court order requiring inspection under terms and conditions deemed appropriate
by the Court.
No copies of Confidential Information shall be made except by or on behalf of
counsel in this litigation and such copies shall be made and used solely for purposes of this
During the pendency of this litigation, counsel shall retain custody of Confidential
Information, and copies made therefrom pursuant to paragraph 8 above.
If opposing counsel objects to the designation of certain information as Confidential
Information, he or she shall promptly inform the other parties’ counsel in writing of the specific
grounds of objection to the designation. All counsel shall then, in good faith and on an informal
basis, attempt to resolve such dispute. If after such good faith attempt, all counsel are unable to
resolve their dispute, opposing counsel may move for a disclosure order consistent with this order.
Any motion for disclosure shall be filed within 14 days of receipt by counsel of notice of opposing
counsel's objection, and the information shall continue to have Confidential Information status from
the time it is produced until the ruling by the Court on the motion.
Use of Confidential Information in Court Proceedings: In the event Confidential
Information 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 Information and pleadings or briefs quoting or discussing Confidential Information will
not be accepted for filing “under seal” or otherwise kept out of the public record in this action,
however, except by court order issued upon motion of 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 Information 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)).
The termination of this action shall not relieve counsel or other persons obligated
hereunder from their responsibility to maintain the confidentiality of Confidential Information
pursuant to this Protective Order, and the Court shall retain continuing jurisdiction to enforce the
terms of this Protective Order.
By agreeing to the entry of this Protective Order, the Parties adopt no position as to
the authenticity or admissibility of documents produced subject to it.
Upon termination of this litigation, including any appeals, each Party’s counsel shall
immediately return to the producing party all Confidential Information provided subject to this
Protective Order, and all extracts, abstracts, charts, summaries, notes or copies made therefrom. At
that time, counsel shall also file under seal with this Court the list of individuals who have received
Confidential Information which counsel shall have maintained pursuant to paragraph 6 herein, and
counsel shall provide the Court with verification that any of counsel's work product referencing
Confidential Information has been destroyed.
Nothing in this Protective Order shall preclude any Party from filing a motion seeking
further or different protection from the Court under Rule 26(c) of the Federal Rules of Civil
Procedure, or from filing a motion with respect to the manner in which Confidential Information
shall be treated at trial.
Dated at Denver, Colorado, this 7th day of April, 2016.
BY THE COURT:
JOHN L. KANE, SENIOR JUDGE
UNITED STATES DISTRICT COURT
STIPULATED AND AGREED TO:
STATE OF COLORADO
, swears or affirms and states under penalty of perjury:
I have read the Protective Order in Gregory Zawojski, Plaintiff, v. Primary
Integration-Encorp, LLC and Michael Clark, United States District Court for the District of
Colorado, Civil Action No. 1:15-cv-02802-JLK, a copy of which is attached to this Affidavit.
I have been informed by ______________, Esq., counsel for ____________, that
the materials described in the list attached to this Affidavit are Confidential Information as
defined in the Protective Order.
I promise that I have not and will not divulge, or undertake to divulge to any person
or recording device any Confidential Information shown or told to me except as authorized in the
Protective Order. I will not use the Confidential Information for any purpose other than this
For the purposes of enforcing the terms of the Protective Order, I hereby submit
myself to the jurisdiction of the court in the civil action referenced above.
I will abide by the terms of the Protective Order.
(Print or Type Name)
Telephone No.: (
SUBSCRIBED AND SWORN to before me this ______ day of _____________, 2016, by
WITNESS my hand and official seal.
[S E A L]
My Commission Expires:
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