Wood Group PSN, Inc. v. Stephens et al

Filing 25

STIPULATED PROTECTIVE ORDER by Magistrate Judge Craig B. Shaffer on 4/22/16. (amont, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:16-cv-00335-CBS
WOOD GROUP PSN, INC., a Nevada corporation,
Plaintiff,
v.
BRANDON STEPHENS,
STUART GOBLE, and
STC ENTERPRISES LLC, a Colorado limited liability company,
Defendants.
STIPULATED PROTECTIVE ORDER

This Stipulated Protective Order (“Protective Order”) is entered into between
Plaintiff Wood Group PSN, Inc. and Defendants Brandon Stephens, Stuart Goble, and
STC Enterprises LLC (collectively, the “Parties”).
It is hereby stipulated and agreed, by and among the Parties, through their
respective counsel, that the following conditions shall govern the production or
disclosure of all materials produced or adduced in the course of discovery, including
initial disclosures, responses to discovery requests, deposition testimony and exhibits,
documents produced, and information derived directly therefrom claimed to be
Confidential Information as defined below.
1.

“Confidential

Information”

means

any

proprietary

or

confidential

documentation and information containing personal or sensitive information of the
1 

supplying party that the party providing the documentation and information designates
as “Confidential” in connection with this action that falls within one or more of the
following categories: (a) information that reveals trade secrets; (b) research, technical,
commercial or financial information that the party has maintained as confidential; (c)
personal identity information; (d) income tax returns (including attached schedules and
forms such as W-2 forms); (e) personnel or employment records; (f) documents that
reveal commercial, financial, or personal identity information about persons who are not
parties to the case; or (g) other proprietary, confidential or sensitive information.
Information or documents that are available to the public may not be designated as
Confidential Information.
2.

In designating information or items as Confidential Information, the

producing party shall make such designation only as to that information that it in good
faith believes to be Confidential Information.
3.

The Parties shall designate Confidential Information by marking any

documents containing such information with the words “Confidential” at the time the
document is produced or disclosed, or by notifying the other party in writing that such
classification pertains to specific documents.

An inadvertent failure to designate a

document as Confidential Information at the time of production or disclosure does not,
standing alone, waive the right to so designate the document; provided, however, that a
failure to serve a timely Notice of Designation of deposition testimony as required by
paragraph 5(a) of this Protective Order, even if inadvertent, waives any protection for

2 

deposition testimony. If a party designates a document as Confidential Information after
it was initially produced, the receiving party, on notification of the designation, must
make a reasonable effort to assure that the document is treated in accordance with the
provisions of this Protective Order.

No party shall be found to have violated this

Protective Order for failing to maintain the confidentiality of material during a time when
that material has not been designated Confidential Information, even where the failure
to so designate was inadvertent and where the material is subsequently designated
Confidential Information.
4.

Confidential Information may be disclosed as follows:

Any information designated as “Confidential” may be disclosed solely to the
following persons:
(i)

The Parties and/or their employees but only to the extent
counsel determines in good faith that the employee’s
assistance is reasonably necessary to the conduct of the
litigation in which the information is disclosed;

(ii)

Counsel of record in this action, and the attorneys and
employees in the respective law firms of such counsel who
have responsibility for the action;

(iii)

Consultants, experts, and other witnesses, including outside
technical consultants, investigators, or experts and their
support staff, who are assisting or providing information to
counsel and to whom it is necessary to disclose Confidential
Information for the purpose of assisting in, consulting with, or
providing information with respect to the matters at issue in
this action, provided, however, that (1) such person is not
regularly engaged in any activity that places him or her in
competition with the products or services provided by the
producing party; and (2) such person has signed a Consent
to be Bound, attached hereto as Exhibit 1, prior to viewing
3 

or hearing any such Confidential Information. Counsel shall
retain all original executed Consent to be Bound forms for
their respective party. Consultants and experts do not need
to be disclosed to the other party under this section provided
that they meet the qualifications set forth in this section.
(iv)

(v)

The author or recipient of the document; and

(vi)

5.

The Court and its personnel and court reporters, as to whom
it is necessary to disclose the Confidential Information for the
purpose of adducing testimony in this action;

Any other person as to whom the producing party agrees to
in writing.

In the case of depositions:
(a)

If during a deposition counsel for any party believes that a question

or answer constitutes “Confidential” information, counsel may designate such portions
of the transcript as “Confidential” on the record at the deposition and may request that
the specific pages which include such “Confidential” information be included in a
separate sealed portion of the transcript.

When “Confidential” testimony is elicited

during a deposition, persons not entitled to receive such information under the terms of
this Protective Order shall be excluded from the deposition.
(b)

A party may, in a deposition in this action, show a witness any

“Confidential” information that the witness is reasonably believed to have previously
authored, received or seen. Witnesses shall not retain a copy of documents containing
Confidential Information, except witnesses may receive a copy of all exhibits marked at
their depositions in connection with review of the transcripts.

Pages of transcribed

deposition testimony or exhibits to depositions that are designated as Confidential
4 

Information pursuant to the process set out in this Protective Order must be separately
bound by the court reporter and may not be disclosed to anyone except as permitted
under this Protective Order.
6.

Persons having knowledge of Confidential Information by virtue of their

participation in this action shall use that Confidential Information for purposes of this
action only and not for any other purpose, and shall not disclose such Confidential
Information to any person or entity. However, nothing shall prevent disclosure beyond
the terms of this Protective Order if a party is legally obligated to disclose such
information by court order. Nothing in this Protective Order shall prevent any producing
party from itself voluntarily disclosing its own Confidential Information to any person,
except as otherwise required by law, by court order, or otherwise as required by law or
lawful regulations.
7.

Any party that is served with a subpoena or other notice compelling the

production of any Confidential Information is obligated within twenty-four (24) hours to
advise all other parties to this Protective Order in writing of such subpoena or other
notice. Except as otherwise required by law, the party served with the subpoena or
other notice shall not produce the Confidential Information until the later of ten (10)
business days after advising the other parties to this Protective Order in writing of the
subpoena or other notice, or (b) resolution of any application for court relief made with
respect to that subpoena or notice. Such writing must be sent by facsimile and overnight
mail to the following:

5 

If to Plaintiff:

N. Reid Neureiter
Wheeler Trigg O’Donnell LLP
370 Seventeenth Street, Suite 4500
Denver, CO 80202-5647
Telephone: [phone]

If to Defendants:

Brian T. Moore
Jester Gibson & Moore LLP
1999 Broadway, Suite 3225
Denver, CO 80202
Telephone: [phone]
Counsel for Brandon Stephens and STC Enterprises LLC
Richard F. Ensor
Michael Best and Friedrich, LLP
6995 Union Park Center, Suite 100
Salt Lake City, UT 84047
Telephone: [phone]
Counsel for Stuart Goble

The party or parties to this Protective Order that produced the Confidential
Information may object to the production of the Confidential Information in response to
the subpoena or other notice.
8.

The Parties shall take reasonable and necessary steps to maintain the

security of any Confidential Information designated as “Confidential” and will limit
access to the Confidential Information only to those persons listed in paragraph 4 of this
Protective Order, provided, however, that nothing in this Protective Order shall restrict
the ability of any producing party, including his/her employees, partners, agents,
attorneys, or any third party not subject to this Protective Order to whom the producing
party may disclose Confidential Information, to use Confidential Information which the
producing party has supplied in this action, except as otherwise required by law.

6 

9.

The inadvertent or unintentional disclosure of privileged or Confidential

Information by the producing party shall not be deemed as a waiver, in whole or in part,
of the producing party’s claim of privilege or confidentiality, either as to the specified
information disclosed or as to any other information relating thereto. Upon receiving
notice from the producing party that materials have been inadvertently produced, they
shall be promptly returned to the producing party.
10.

Except as agreed in writing by counsel of record for the Parties, to the

extent that any Confidential Information is quoted, attached to any pleading, motion,
memoranda, appendix or other filing in connection with this action, admitted into
evidence or referenced in sufficient detail to disclose Confidential Information, the same
shall be maintained and shall be designated and treated as Confidential Information
subject to this Protective Order and such Confidential Information must be filed under
seal in compliance with D.C.COLO.LCivR 7.2.
11.

If Confidential Information is used during the trial of this action or during

depositions, such Confidential Information shall not lose its confidential status through
such use, and counsel shall exercise their best efforts and take all steps reasonably
required to protect the confidentiality of the Confidential Information, except as provided
in paragraph 14 herein.
12.

Nothing herein shall prevent any of the Parties from objecting to discovery

that they believe to be otherwise improper or shall be construed to affect in any manner
the admissibility at the hearing of any document, testimony or other evidence. Nothing

7 

herein shall restrict the use of any evidence at the trial of this action, whether or not it
contains information designated as Confidential.
13.

Upon the conclusion of this action, at the written request of the producing

party, all Confidential Information and any and all copies thereof, shall be destroyed,
deleted from all electronic and digital storage media and servers, or returned within sixty
(60) days to such producing party, in accordance with the producing party’s request. At
the written request of the producing party, any person or entity having custody or control
of recordings, notes, photographs, memoranda, summaries or other writings, and all
copies thereof, relating to or containing Confidential Information shall deliver to the
producing party a certification that reasonable efforts have been made to assure that all
such Confidential Information, any copies thereof, any and all records, notes,
memoranda, photographs, summaries, or other writings regarding the Confidential
Information (except for attorney work-product) have been destroyed, deleted in the case
of digital and electronic information, or delivered in accordance with the terms of this
Protective Order.

Notwithstanding the above requirements to return or destroy

documents, counsel may retain for its files one full set of copies of pleadings, affidavits,
briefs and memoranda filed in this action, including those filed under seal; one set of
transcripts of all depositions (with exhibits) taken, and all of its own work product
generated in connection with this action. Insofar as this Protective Order restricts the
use of Confidential Information, this Protective Order shall continue to be binding after
the conclusion of this action.

8 

14.

In the event that any party to this action disagrees with the designation by

the producing party of any information as Confidential Information, a party shall not be
obligated to challenge the propriety of the confidentiality designation at the time made,
and failure to do so shall not preclude a subsequent challenge thereof. 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 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. 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.
15.

The Parties acknowledge and agree that an intentional violation of this

Protective Order by any party hereto may not be fully compensable by money damages,

9 

and therefore, violations of this Protective Order shall be enforceable by specific
performance and/or injunctive relief.
16.

Nothing in this Protective Order shall foreclose or limit any of the Parties

from opposing the production of any documents, the taking of any testimony, or the
discovery of any information.
17.

The terms of this Protective Order may be amended or modified by written

agreement of the Parties and order of the Court.
18.

This Protective Order shall take effect when entered by the Court and

shall be binding upon all counsel of record and their law firms, the Parties, and persons
made subject to this Protective Order by its terms.

DATED at Denver, Colorado, this 22nd day of April, 2016.
BY THE COURT:

_s/ Craig B. Shaffer_______________
United States Magistrate Judge

10 

APPROVED:
Dated: April 20, 2016
s/ N. Reid Neureiter
N. Reid Neureiter
Kimberly Berve
Wheeler Trigg O’Donnell LLP
370 Seventeenth Street, Suite 4500
Denver, CO 80202-5647
Telephone: [phone]
Facsimile: 303.244.1879
Email: [e-mail]
[e-mail]

s/ Brian T. Moore
Brian T. Moore
Jester Gibson & Moore LLP
1999 Broadway, Suite 3225
Denver, CO 80202
Telephone: [phone]
Email: [e-mail]

Attorneys for Plaintiff

Attorney for Brandon Stephens and STC
Enterprises LLC
s/ Richard F. Ensor
Richard F. Ensor
Michael Best and Friedrich, LLP
6995 Union Park Center, Suite 100
Salt Lake City, Utah 84047
Telephone: [phone]
Email: [e-mail]
Attorney for Defendant Stuart Goble

11 

EXHIBIT 1

12 

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:16-cv-00335-REB-CBS
WOOD GROUP PSN, INC., a Nevada corporation,
Plaintiff,
v.
BRANDON STEPHENS,
STUART GOBLE, and
STC ENTERPRISES LLC, a Colorado limited liability company,
Defendants.
CONSENT TO BE BOUND BY STIPULATED PROTECTIVE ORDER

The undersigned hereby certifies that she or he has read the Protective Order in
this action and agrees to be bound by it and that he or she voluntarily submits to the
personal jurisdiction of the United States District Court for the District of Colorado for
purposes of the enforcement of the above-specified Protective Order and the imposition
of any sanctions for contempt thereof by the undersigned.

Date: _________________

____________________________________
Signature
Name: _______________________________________
Company: ____________________________________
Address: _____________________________________

13