Let's Go Aero, Inc. v. U-Haul International, Inc. et al

Filing 24

PROTECTIVE ORDER (With Defendant's Disputed Language at P. 10), by Magistrate Judge Nina Y. Wang on 04/20/16. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:16-CV-00410-REB-NYW
LET’S GO AERO, INC., a Colorado corporation,
Plaintiff,
v.
U-HAUL INTERNATIONAL, INC., a Nevada corporation,
and
WYERS PRODUCTS GROUP, INC., a Colorado corporation
d/b/a TRIMAX
Defendants.
PLAINTIFFS’ PROPOSED PROTECTIVE ORDER [WITH DEFENDANT’S
DISPUTED LANGUAGE AT P. 10]
Let’s Go Aero, Inc., U-Haul International, Inc. and Wyers Products Group, Inc.
(collectively the “Parties,” and individually a “Party”) anticipate that discovery in this action
will require the production of documents, things, and testimony that may contain confidential,
sensitive, or proprietary information. In the interest of expediting discovery and limiting
disputes regarding access to such information, the Parties hereby stipulate and agree to the
request for, and entry of, the Protective Order set forth below. This Protective Order does not
address protections for production of source code, metadata, computer codes or similar
electronic information as the Parties do not foresee the need to produce such information or
data. The Parties agree that if such information or data is produced, the Parties will meet and
confer on an amendment to this Protective Order or to a separate stipulated protective order to

cover the production of source code, metadata, computer codes or similar electronic
information.
Based on the stipulation of the Parties, and for good cause shown, IT IS HEREBY
ORDERED THAT:
1.

All documents, information, and items produced in the course of discovery,

including initial disclosures; responses to interrogatories and requests for admissions;
production and disclosure of documents, information, and items; subpoenas; private mediation
or alternative dispute resolution; and deposition testimony and exhibits, whether produced by a
Party or nonparty, shall be subject to this Protective Order as set forth below.
2.

Any information or materials produced by any Party or nonparty as part of

discovery in this action may be designated by such Party or nonparty (the “Designating Party”)
as (1) “CONFIDENTIAL” or (2) “ATTORNEYS’ EYES ONLY” ((1) and (2) collectively
referred to as “Designated Material”) under the terms of this Protective Order. The protections
conferred by this Protective Order also apply to: (1) any information copied or extracted from
Designated Material; (2) all copies, excerpts, summaries, or compilations of Designated
Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that
might reveal Designated Material. The protections conferred by this Protective Order do not
cover the following information: (a) any information that is in the public domain at the time of
disclosure to the receiving Party or becomes part of the public domain after its disclosure to a
receiving Party as a result of publication not involving a violation of this Protective Order,
including becoming part of the public record through trial or otherwise; and (b) any information
known to the receiving Party prior to the disclosure or obtained by the receiving Party after the
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disclosure from a source who obtained the information lawfully and under no obligation of
confidentiality to the Designating Party; any document that is subject to a court order denying
protection under this Order. Any use of Designated Material at trial shall be governed by a
separate agreement or order.
3.

By designating something as Designated Material, counsel for the Designating

Party certifies under Rule 26(g) of the Federal Rules of Civil Procedure that to the best of
counsel’s knowledge, information, and belief formed after a reasonable inquiry that the
designation is (a) consistent with the Federal Rules of Civil Procedure and warranted by
existing law or by a non-frivolous argument for extending, modifying, or reversing existing law,
or for establishing new law; (b) not interposed for any improper purpose, such as to harass,
cause unnecessary delay, or needlessly increase the cost of litigation; and (c) not unreasonable.
4.

Subject to Paragraph 3 above, information or materials may be designated as

CONFIDENTIAL if the Designating Party believes in good faith that such information or
materials must be protected against disclosure to third parties. Absent a specific order by this
Court, once designated as CONFIDENTIAL, such designated information shall be used by and
on behalf of the receiving Party solely in connection with this litigation, and not for any
business, competitive, or governmental purpose or function, and such information shall not be
disclosed to anyone by or on behalf of the receiving Party except as provided herein.
5.

Subject to Paragraph 3 above, information or materials may be designated as

ATTORNEYS’ EYES ONLY if the Designating Party believes in good faith that such materials
comprise highly confidential information that likely would be of value to a supplier, competitor,
or potential customer of the Designating Party possessing the information and that therefore
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must be protected from disclosure. ATTORNEYS’ EYES ONLY information may include,
without limitation, trade secrets, highly sensitive technical information, highly sensitive
financial information, marketing plans and forecasts, pricing and cost information, and customer
names and lists. Absent a specific order by this Court, once designated as ATTORNEYS’
EYES ONLY, such designated information shall be used by the Parties solely in connection
with this litigation, and not for any business, competitive, or governmental purpose or function,
and such information shall not be disclosed to anyone except as provided herein.
6.

The designation of information

or material

as

CONFIDENTIAL or

ATTORNEYS’ EYES ONLY for purposes of this Protective Order shall be made in the
following manner by the Designating Party:
a.

In the case of documents, exhibits, briefs, memoranda, interrogatory

responses, responses to requests for admission, or other materials (apart from
depositions or other pretrial or trial testimony): by affixing the words
CONFIDENTIAL or ATTORNEYS’ EYES ONLY, as appropriate, to each page
of any document containing any confidential information or material at the time
such documents are produced or such information is disclosed, or as soon
thereafter as the Designating Party becomes aware of the confidential nature of
the information or material disclosed and sought to be protected hereunder. A
Party or nonparty that makes original documents or materials available for
inspection need not designate them for protection until after the inspecting Party
has indicated which material it would like copied and produced. During the
inspection and before the designation, all of the material made available for
inspection shall be deemed ATTORNEYS’ EYES ONLY. After the inspecting

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Party has identified the documents it wants copied and produced, the Designating
Party must determine which documents, or portions thereof, qualify for
protection under this Stipulated Protective Order. Then, before producing the
specified documents, the Designating Party must affix the appropriate
designation (“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY”) to each
page that contains confidential information. If only a portion or portions of the
material on a page qualifies for protection, the producing Party also must clearly
identify the protected portion(s) (e.g., by making appropriate markings in the
margins) and must specify, for each portion, the level of protection being
asserted;
b.

In the case of depositions or other pretrial or trial testimony: (i) by a

statement on the record, by counsel, during such deposition or other pretrial or
trial proceeding that the entire transcript or a portion thereof shall be designated
as CONFIDENTIAL or ATTORNEYS’ EYES ONLY, as appropriate,
hereunder; or (ii) by written notice of such designation sent by the Designating
Party to all Parties within 15 days after the Designating Party’s receipt of the
transcript of the deposition from the court reporter. The Parties shall treat all
deposition and other pretrial and trial testimony as ATTORNEYS’ EYES ONLY
until the expiration of 15 days after the Designating Party’s receipt of the
transcript of the deposition from the court reporter. The Parties may modify this
procedure for any particular deposition or proceeding through agreement on the
record at such deposition or proceeding or otherwise by written stipulation,

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without further order of the Court. If any document or information designated as
CONFIDENTIAL or ATTORNEYS’ EYES ONLY is used during the course of
a deposition, that portion of the deposition record reflecting such confidential
information shall be sealed and stamped with the designated degree of
confidentiality, and access thereto shall be limited pursuant to the terms of this
Protective Order, including the exclusion from the deposition of those persons
not eligible to receive access to the materials so designated.
7.

Information or material designated as CONFIDENTIAL, or copies or extracts

therefrom and compilations and summaries thereof, may be disclosed, summarized, described,
characterized, or otherwise communicated or made available in whole or in part only to the
following persons:
a.

The Parties’ outside counsel of record in this action and the Parties’

house counsel, as well as the regular and temporary employees of such outside
counsel and house counsel to whom it is necessary that the information or
material be shown for the purposes of this litigation;
b.

Employees of the Parties whose assistance is needed by counsel for the

purposes of this litigation and subject and conditioned upon compliance with
paragraph 11 below;
c.

Consultants as defined in paragraph 9 below and pursuant to the

provisions of Paragraph 10 below and subject and conditioned upon compliance
with Paragraph 10 below;
d.

The Court and its personnel;
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e.

Court reporters employed in connection with this action and their staff;

f.

Imaging, copy, graphics or design vendors retained by counsel for a Party

for purposes of preparing documents during litigation or preparing demonstrative
or other exhibits for deposition, trial, or other court proceedings in this action and
their employees and subcontractors, subject to and conditioned upon compliance
with Paragraph 11 below;
g.

Jury or trial consulting services retained by counsel for a Party, subject to

and conditioned upon compliance with Paragraph 11 below;
h.

During their depositions, witnesses in the action to whom disclosure is

reasonably necessary, subject to and conditioned upon compliance with
Paragraph 11 below, unless otherwise agreed by the Designating Party or ordered
by the court. Pages of transcribed deposition testimony or exhibits to depositions
that reveal Designated Material must be separately bound by the court reporter
and may not be disclosed to anyone except as permitted under this Protective
Order;
i.

The creator(s), author(s), or prior recipient(s) of a document containing

information designated as CONFIDENTIAL, provided it is established in the
document or by agreement of the Parties to this action that the person is an
author or prior recipient of the document; and
j.

Any other person only upon order of the Court or upon written consent of

the Party or nonparty producing the confidential information or material.

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8.

Information or material designated as ATTORNEYS’ EYES ONLY, or copies or

extracts therefrom and compilations and summaries thereof, may be disclosed, summarized,
described, characterized, or otherwise communicated or made available in whole or in part only
to the following persons:
a.

The Parties’ outside counsel of record in this action and the Parties’

house counsel, as well as the regular and temporary employees of such outside
counsel and two designated house counsel who are not involved in patent
prosecution or business decision making or contracting with vendors who will
sign a copy of Ex. A.
b.

Consultants as defined in Paragraph 9 below and pursuant to the

provisions of Paragraph 10 below and subject to and conditioned upon
compliance with Paragraph 10 below;
c.

The Court and its personnel;

d.

Court reporters employed in connection with this action and their staff;

e.

Imaging, copy, graphics or design vendors retained by counsel for a Party

for purposes of preparing documents during litigation or preparing demonstrative
or other exhibits for deposition, trial, or other court proceedings in this action and
their employees and subcontractors, subject to and conditioned upon compliance
with Paragraph 11 below;
f.

Jury or trial consulting services retained by counsel for a Party, subject to

and conditioned upon compliance with Paragraph 11 below;

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g.

The creator(s), author(s), or prior recipient(s) of a document containing

information designated as ATTORNEYS’ EYES ONLY, provided it is
established in the document or by agreement of the Parties to this action that the
person is an author or prior recipient of the document; and
h.

Any other person only upon order of the Court or upon written consent of

the Designating Party.
9.

For purposes of Paragraphs 7(c) and 8(b) above, a “consultant” shall be defined

as a person who is not a past or present employee or past or present consultant for a Party at the
time of disclosure nor anticipated to become an employee or consultant for a Party, and who is
retained or employed as a bona fide consultant or expert for purposes of this litigation, whether
full or part time, by or at the direction of counsel for a Party. A technical or financial consultant
may not be an employee or consultant, presently or in the foreseeable future, for any company
that is a direct competitor of the adverse party.
10.

The procedure for a consultant to have access to Designated Material shall be as

follows:
11.

The Party seeking to have a consultant, as defined in Paragraph 9 above, gain

access, shall first provide to the consultant a copy of the Protective Order and obtain a copy of
Exhibit A signed by an authorized representative of the consultant who will be responsible for
compliance with this Order. All persons listed in Paragraphs 7(b), 7(c) 7(e), 7(f), 7(g), and 7(h)
above may be given access to information or material designated as CONFIDENTIAL,
provided that they first confirm their understanding and agreement to abide by the terms of this
Protective Order by completing and signing a copy of the Acknowledgement and Agreement to
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be Bound in the form attached hereto as Exhibit A. Similarly, all persons listed in Paragraphs
8(b) and 8(d)-(f) above may be given access to information or material designated as
ATTORNEYS’ EYES ONLY provided that they first confirm their understanding and
agreement to abide by the terms of this Protective Order by completing and signing a copy of
the Acknowledgement and Agreement to be Bound in the form attached hereto as Exhibit A.
Additional Language Tendered by Defendant U-Haul and Disputed by LGA: Upon any
person completing and signing the Acknowledgement and Agreement to be Bound in the
form attached hereto as Exhibit A for a Party, that Party will provide the other Parties with
notice that such person has completed and signed such Acknowledgement and Agreement to
be Bound, and the other Parties shall have ten (10) days from such notice being sent to object
to such person being given access to information or material designated as CONFIDENTIAL
or ATTORNEYS’ EYES ONLY, as applicable, before such person may be given access to
such information or material; failure by the other Parties to object within ten (10) days from
such notice being sent shall be deemed a waiver of such objection.
12.

Any person may be examined as a witness at trial or during a deposition

concerning Designated Material when it appears that person had lawfully received the
information or material prior to being examined or when the person is the Designating Party or
its owner, officer, director, shareholder, affiliate, employee, representative, or agent.
13.

The Parties must file documents containing Designated Material under seal in

accordance with Rule 7.2 of the Rules of Local Practice for the United States District Court for
the District of Colorado and otherwise must comply with Rule 7.2, which will govern the
Court’s treatment of Designated Material.
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14.

A Party may challenge a Party’s or nonparty’s designation of information or

materials produced herein as CONFIDENTIAL or ATTORNEYS’ EYES ONLY by serving a
written objection upon the Designating Party. However, a Party shall not be obligated to
challenge the propriety of any designation of information at the time such designation is made,
and failure to do so shall not preclude a subsequent challenge thereto. Any such objection must
be served no less than 45 days before the dispositive motion deadline. The Designating Party
shall notify the challenging Party in writing of the bases for the asserted designation within 10
days after receiving any written objection. The Parties and if applicable, the nonparty shall
confer in good faith as to the validity of the designation within 5 court days after the challenging
Party has received the notice of the bases for the asserted designation. To the extent an
agreement as to the designation is not reached, the objecting Party may make an appropriate
application to this Court after conferring with the Designating Party, requesting that specifically
identified documents, information, or deposition testimony be excluded from the provisions of
this Protective Order or downgraded in terms of the degree of protection provided. Until a
dispute over the asserted designation is finally resolved by the Parties, nonparty, or the Court,
all Parties and other persons shall treat the information or materials in question as designated as
CONFIDENTIAL or ATTORNEYS’ EYES ONLY. If any Party takes a writ or appeal from
the court’s ruling on any such motion, that Party may apply for a stay pending determination of
the writ or appeal.
15.

All Designated Material covered by this Protective Order shall be kept in secure

facilities, and access to those facilities shall be permitted only to those designated persons set
forth in Paragraphs 7 and 8 above as persons properly having access thereto. Secure facilities
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shall be such as counsel would keep their most highly confidential information and shall not
include unencrypted cloud storage or facilities that are normally accessible through the internet
by means other than virtual private networks or encrypted transmissions.
16.

All counsel for the Parties who have access to Designated Material under this

Protective Order acknowledge they are bound by this Order and submit to the jurisdiction of this
Court for purposes of enforcing this Order.
17.

Entering into, agreeing to, or producing or receiving Designated Material, or

otherwise complying with the terms of this Protective Order shall not:
a.

Operate as an admission by any Party that any particular Designated

Material contains or reflects trade secrets, proprietary or commercially sensitive
information, or any other type of confidential information;
b.

Operate as an admission by any Party that the restrictions and procedures

set forth herein constitute or do not constitute adequate protection for any
particular information deemed by any Party or nonparty to be CONFIDENTIAL
or ATTORNEYS’ EYES ONLY;
c.

Prejudice in any way the rights of any Party to object to the production of

documents they consider not subject to discovery;
d.

Prejudice in any way the rights of any Party to object to the authenticity

or admissibility into evidence of any document, testimony, or other evidence
subject to this Protective Order;

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e.

Prejudice in any way the rights of any Party to seek a determination by

the Court whether any information or material should be subject to the terms of
this Protective Order;
f.

Prejudice in any way the rights of any Party or nonparty to petition the

Court for a further protective order relating to any purportedly confidential
information;
g.

Prejudice in any way the rights of any Party or nonparty to make a

showing that information or materials of proprietary or competitive value, but
which is not specifically included in the categories of ATTORNEYS’ EYES
ONLY information or materials itemized in Paragraph 5 above, is properly
designated ATTORNEYS’ EYES ONLY; or
h.

Prevent the Parties to this Protective Order from agreeing in writing or on

the record during a deposition or hearing in this action to alter or waive the
provisions or protections provided for herein with respect to any particular
information or material.
18.

This Protective Order has no effect upon, and shall not apply to, a Party’s use or

disclosure of its own confidential information for any purpose. Nothing contained herein shall
impose any restrictions on the use or disclosure by a Party of documents, information or
material designated as CONFIDENTIAL or ATTORNEYS’ EYES ONLY obtained lawfully by
such Party independently of any proceedings in this action, or which:
a.

Was already known to such Party by lawful means prior to acquisition

from, or disclosure by, any other Party in this action;
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b.

Is or becomes publicly known through no fault or act of such Party; or

c.

Is rightfully received by such Party from a third party which has authority

to provide such information or material and without restriction as to disclosure.
19.

The inadvertent or unintentional production of documents that contain non-

public, confidential, proprietary, commercially sensitive, or trade secret information of a Party
which is not marked CONFIDENTIAL or ATTORNEYS’ EYES ONLY shall not be deemed a
waiver in whole or in part of a Party’s claim of confidential treatment under the terms of this
Protective Order. Any document that initially is produced without bearing a confidentiality
designation may later be so designated, with respect to future disclosure by the producing Party.
If a Party or nonparty inadvertently produces CONFIDENTIAL or ATTORNEYS’ EYES
ONLY information without marking it as such, it may be disclosed to others until the disclosing
Party or nonparty provides actual written notice to the receiving Party or the receiving Party
becomes aware of the disclosing Party’s or nonparty’s error; provided, however, that the
receiving Party is under such obligation only if it appears from the face of the document that it
contains non-public, confidential, proprietary, commercially sensitive, or trade secret
information of the Party or nonparty. As soon as the disclosing Party or nonparty notifies the
receiving Party of the inadvertent production, the information will be treated as if it had been
timely designated under this Protective Order, and the receiving Party agrees to endeavor in
good faith to obtain all copies of the document which it distributed or disclosed to persons not
authorized to access such information by Paragraphs 7 or 8 above, as well as any copies made
by such persons.

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20.

If information subject to a claim of attorney-client privilege or attorney work

product is inadvertently produced to a party or parties, such production shall in no way
prejudice or otherwise constitute a waiver of, or estoppel as to, any claim of privilege or work
product to which the producing Party otherwise would be entitled, including the non-waiver and
claw back rights in accord with Federal Rules of Evidence 502(d) which is made and
incorporated into this order pursuant to Rule 502 (e). Any Party, upon identifying a document it
has received from another Party which on its face appears to be attorney-client privileged or
attorney work product, shall identify the document by Bates number to the producing Party. If a
claim of inadvertent production is made pursuant to this Paragraph with respect to information
then in the custody of another Party, such Party shall promptly return to the claiming Party that
material and all copies or reproductions thereof as to which the claim of inadvertent production
has been made. The recipient Party shall destroy all notes or other work product reflecting the
contents of such material, and shall delete such material from any litigation-support or other
database. Any claim of privilege or work product protection shall be made consistent with the
provisions of Paragraph 3 above, and shall be memorialized with a privilege log. The Parties
agree that communications between Parties and counsel and any work product after this suit was
filed need not be included in the privilege log. The provisions of this Paragraph shall not be
deemed to prevent any Party from seeking an order compelling production of any document or
information, including documents or information contained in documents that are returned as a
result of a claim of inadvertent production. Any disputes regarding whether such inadvertent
production is properly subject to a claim of attorney-client privilege or attorney work product

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shall be promptly presented to the Court for resolution via motion by the Party contesting the
claim.
21.

The terms of this Protective Order shall apply to all manner and means of

discovery, including entry onto land or premises, and inspection of books, records, documents,
and tangible things.
22.

The terms of this Protective Order shall govern discovery and other pretrial and

trial proceedings in this action.
23.

Each Party is entitled to seek modification of this Protective Order by application

to the Court on notice to the other Parties hereto for good cause.
24.

The Parties agree to be bound by the terms of this Protective Order pending its

entry by the Court, or pending the entry of an alternative thereto which is satisfactory to all
Parties, and any violation of its terms shall be subject to the same sanctions and penalties as if
the Protective Order had been entered by the Court.
25.

Except as otherwise provided in paragraph 26 below, within 60 days after the

conclusion of this action, all originals and copies of Designated Material, other than Designated
Material in possession of the Court or Court personnel, shall be destroyed and a written
statement certifying destruction shall be sent to the Designating Party. Alternatively, at the
option of the Designating Party, and at its expense, a Designating Party may request that all
Designated Material it produced be returned for its own disposition. Back up or archival records
of Designated Materials that may be incorporated in backup tapes, storage or other media in the
normal course of business by the Receiving Party need not be destroyed until the normal
destruction of the backup media occurs.

Whether the Designated Material is returned or

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destroyed, the receiving Party must submit a written certification to the producing Party (and, if
not the same person or entity, to the Designating Party) by the 60- day deadline that (1)
identifies (by category, where appropriate) all the Designated Material that was returned or
destroyed and (2) affirms that the receiving Party has not retained any copies, abstracts,
compilations, summaries or any other format reproducing or capturing any of the Designated
Material. For the purposes of this paragraph, the “conclusion of this action” shall be deemed to
occur on the later of (1) dismissal of all claims and defenses in this action, with or without
prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals,
rehearings, remands, trials, or reviews of this action, including the time limits for filing any
motions or applications for extension of time pursuant to applicable law.
26.

After the conclusion of this action and any appeals arising therefrom, counsel for

any Party in receipt of Designated Material under the Protective Order may retain copies of any
Designated Material as counsel reasonably deems necessary to the proper maintenance of
counsel’s files with respect to this action. Such copies shall remain subject to this Protective
Order until a Designating Party agrees otherwise in writing or a court order otherwise directs.
27.

If a subpoena, court order, discovery request, or other compulsory process is

received by a Party or its counsel requesting Designated Material received under this Protective
Order, the Party or counsel subject to the request shall object to the production of the
Designated Material based on the obligations of non-disclosure under this Protective Order,
shall promptly notify the Designating Party in writing and provide the Designating Party with a
copy of the subpoena or court order so that Party may intervene and seek protection of its

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Designated Material, and shall cooperate with respect to all reasonable procedures sought to
be pursued by the Designating Party whose Designated Material may be affected.
28.

In the event that any Designated Material is used in any court proceeding in

this action or any appeal therefrom, such information or material shall not lose its status as
CONFIDENTIAL or ATTORNEYS’ EYES ONLY through such use. Counsel for the
Parties shall confer on such procedures as are necessary to protect the confidentiality of any
documents, information, and transcripts used in the course of any court proceedings, and
shall incorporate such procedures, as appropriate, in the pre-trial order.
29.

If a receiving Party learns that, by inadvertence or otherwise, it has

disclosed Designated Material to any person or in any circumstance not authorized under
this Protective Order, the receiving Party must immediately (a) notify in writing the
Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all
unauthorized copies of the Designated Material, (c) inform the person or persons to
whom unauthorized disclosures were made of all the terms of this Protective Order, and (d)
request such person or persons to execute a copy of the Acknowledgement and Agreement
to be Bound in the form attached hereto as Exhibit A.
30.

This order shall survive the final conclusion of the action, and this Court

retains jurisdiction of the Parties, their attorneys, and of any person who executes a copy of
Exhibit A, indefinitely as to any dispute between any of them regarding improper use
of Designated Material.

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IT IS SO ORDERED.

Dated: April 20, 2016

s/Nina Y. Wang
United States Magistrate Judge

FQ7842

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ATTACHMENT A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:16-CV-00410-REB-NYW
LET’S GO AERO, INC., a Colorado corporation,
Plaintiff,
v.
U-HAUL INTERNATIONAL, INC., a Nevada corporation,
and
WYERS PRODUCTS GROUP, INC., a Colorado corporation
d/b/a TRIMAX
Defendants.
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
The undersigned hereby acknowledges that he or she has read the Protective Order dated
in the above-captioned action and attached hereto, understands
the terms thereof, and agrees to be bound by its terms. The undersigned submits to the
jurisdiction of the United States District Court for the District of Colorado in matters relating to
the Protective Order and understands that the terms of the Protective Order obligate him or her
to use documents designated CONFIDENTIAL or ATTORNEYS’ EYES ONLY in accordance
with the Protective Order solely for the purposes of the above-captioned action, and not to
disclose any such documents or information derived directly therefrom to any other person, firm
or concern.
The undersigned acknowledges that violation of the Protective Order may result in
penalties for contempt of court.

Name:

Job Title:

Employer:

Business Address:

Date

Signature

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