Aker v. Stonebridge Hospitality Assoc LLC
STIPULATED PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 4/28/16. (bsimm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:16-cv-00238-MSK-NYW
STONEBRIDGE HOSPITALITY ASSOCIATES, LLC,
STIPULATED PROTECTIVE ORDER
Under Rule 26(c) FED. R. CIV. P., IT IS ORDERED:
This Stipulated Protective Order shall apply to all documents, materials and
information, including without limitation, documents produced, answers to interrogatories,
responses to requests for admission, depositions, and other information disclosed pursuant to the
disclosure or discovery duties created by the Federal Rules of Civil Procedure.
As used in this Stipulated Protective Order, “document” is defined as provided in
Rule 34(a), FED. R. CIV. P. A draft or non-identical copy is a separate document within the
meaning of this term.
Confidential documents, materials, and information (collectively, the
“Confidential Information”) shall not be disclosed to any third-party, except as set forth below,
or used for any purpose except the preparation and trial of this case. The duty to keep
confidential information confidential survives the completion of this case.
The parties seek to protect certain types of confidential information. To the extent
that such information cannot be filed in a redacted format, the parties agree to designate as
“Confidential” documents containing the following information: (1) Social Security numbers,
financial account numbers, residential addresses, and cellular phone numbers; (2) medical
information regarding Plaintiff Michael Aker (“Plaintiff”) or any other individual; (3) trade
secrets and confidential proprietary information of Defendant Stonebridge Hospitality
Associates, LLC (“Defendant”) and its affiliates or subsidiaries; (4) personnel records involving
individuals who are not parties to this case; and (5) any other material qualifying for protection
under Rule 26(c), Fed. R. Civ. P.
A party designating documents as Confidential Information may do so by
marking such material with the legend “Confidential” and only after documents are reviewed and
a good faith determination made by an attorney that the documents are entitled to protection.
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 Stipulated 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 is promptly given to all counsel of record
within thirty (30) days after notice by the court reporter of the completion of the transcript. A
deposition will be designated as Confidential only after it is reviewed and a good faith
determination has been made by an attorney that the deposition is entitled to protection.
All Confidential Information designated “Confidential” may be reviewed only by
the following persons:
attorneys actively working on this case;
persons regularly employed or associated with the attorneys actively
working on the case whose assistance is required by said attorneys in the
preparation of the case, at trial, or at other proceedings in this case;
the parties, including Plaintiff and Defendant’s officers, management, and
any advisory witnesses who are directly assisting said attorneys in the
preparation of this case;
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;
the Court, jurors and/or Court staff in any proceeding herein;
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;
deponents, witnesses or potential witnesses; and
other persons by written agreement of the parties.
A party may object to the designation of particular Confidential Information by
giving written notice to the party that designated the disputed information and all other parties
to the civil action. The written notice 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 Information to schedule a mutually convenient time for a telephone conference
with the Court in order to request that the Court determine whether the disputed information
should be subject to the terms of this Stipulated Protective Order. If contact with the Court is
timely made, the disputed information shall be treated as Confidential Information under the
terms of this Stipulated Protective Order until the Court rules on the issue. If the designating
party fails to contact the Court within the prescribed period, the disputed information shall lose
its designation as Confidential Information and shall not thereafter be treated as Confidential
Information in accordance with this Stipulated Protective Order. In connection with a motion
filed under this provision, the party designating the information as Confidential Information
shall bear the burden of establishing that good cause exists for the disputed information to be
treated as Confidential Information.
Any request to restrict access must comply with the requirements of
D.C.COLO.LCivR 7.2. Nothing in this Protective Order may be construed as requiring the
restriction of any document or information.
At the conclusion of this case, unless other arrangements are agreed upon, each
document and all copies thereof which have been designated as Confidential Information shall
be destroyed or preserved by counsel in a manner which is fully consistent with the terms of this
Stipulated Protective Order. At the end of the litigation (including any appeals), counsel will
not be required to return the material.
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.
DATED this 28th day of April, 2016.
BY THE COURT:
s/ Nina Y. Wang
United States Magistrate Judge
s/ Charlotte N. Sweeney
Charlotte N. Sweeney
Ariel B. DeFazio
Sweeney & Bechtold LLC
650 S. Cherry St., Ste 650
Denver, Colorado 80246
Telephone: (303) 865-3733
s/ Gillian Dale
Lance G. Eberhart
Hall & Evans, LLC
1001 Seventeenth St., Ste. 300
Denver, CO 80202
Telephone: (303) 628-3300
Attorneys for Plaintiff
Attorneys for Defendant
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?