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Zuehlke v. Universal Utility Services

February 8, 2006


The opinion of the court was delivered by: Richard P. Matsch Senior United StatesDistrict Judge


It is hereby stipulated and agreed by and between the Parties that the terms and conditions of this Stipulated Protective Order shall govern the handling of documents, as defined by Fed. R. Civ. P. 34(a), answers to interrogatories, depositions, pleadings, exhibits and other information exchanged by the Parties.

It is hereby ORDERED as follows:

1. As used herein, the term "Confidential Information" refers to (a) personnel information concerning current or former employees of Utility Engineering Corporation ("UE") or any of the subsidiaries or affiliates of Xcel Energy Inc.; (b) information containing industry trade secrets; (c) proprietary or non-public business information of the Defendants and UE; and (d) information relating to Plaintiff concerning private personal matters not generally known to the public, such as, but not limited to, tax returns, medical information and information from subsequent employers. Confidential Information includes, but is not limited to, whether as current or former employees, non-party employee names, addresses and social security numbers; non-party employee employment and compensation histories; non-party employee personnel files; non-party employee performance evaluations; non-party employee disciplinary records; non-party employee medical and benefit histories; non-party employee termination files; information relating to Defendants' investment, business and operational strategies, plans and corporate structure, economic and market analyses, marketing strategies, client/project lists, financial projections and cost information (including, e.g., compensation, compensation plans and benefit plans, financial and business forecasts and financial reports), staffing composition and plans; information treated or considered by either Defendant, by policy or practice, to be confidential or proprietary; Defendants' trade secret information; and information that implicates common law statutory privacy interests of either Defendant, their respective subsidiaries or affiliates.

2. Parties shall designate information as "Confidential Information" subject to this Stipulated Protective Order as follows:

a. In the case of documents, interrogatory answers, responses to requests to admit, and the information contained therein, designation shall be made by placing the following legend on any such document prior to its production: "CONFIDENTIAL." In the event that a Party inadvertently fails to stamp or otherwise designate a document or other information as Confidential at the time of its production, the producing Party shall inform the recipient Party after the discovery of such failure and identify the Confidential document or Confidential Information by Bates Number or Numbers. The recipient Party shall thereafter mark the document or information in the matter requested by the producing Party and thereafter treat the document in accordance with such marking. All copies or similar versions of documents marked or otherwise designated Confidential by any Party, regardless of which Party produced them, must be treated as Confidential under the terms of this Order. Likewise, all documents previously produced by Plaintiff that fall into the categories of Confidential Information, as defined in paragraph 1, must be treated as confidential under the terms of this Order

b. In the case of depositions, designation of the portion of the transcript (including exhibits) which contains Confidential Information shall be made by a statement to such effect on the record in the course of the deposition. In addition, counsel may designate a portion of the transcript (including exhibits) "Confidential" within fourteen (14) days after the court reporter sends counsel the transcript. Counsel shall list on a separate piece of paper the numbers of pages of the transcript containing Confidential Information, inserting the list at the end of the transcript, and mailing copies of the list to counsel for all Parties so that it may be affixed to the face of the transcript and also to each copy thereof.

c. In the event that any Confidential Information is used in any pleading or in a court proceeding in connection with this litigation, it shall not lose its confidential status through such use. A furnishing party may designate information disclosed in a pleading or at a hearing or trial as Confidential Information by filing such information with the Court in accordance with D.C.COLO.LCivR 7.2 and 7.3 ("Local Rules"), the Electronic Case Filing ("ECF") Procedures, and the ECF User Manual for the United States District Court for the District of Colorado so that such documents are sealed from public view.

3. Information designated as "CONFIDENTIAL" may be disclosed only to the following persons:

a. attorneys who have entered their appearance in this case, attorneys who are working on this case at the direction of the attorneys of record, or in-house counsel and their professional staff;

b. persons regularly employed or associated with the above-described attorneys actively working on the case whose assistance is required by said attorneys in the preparation for trial, at trial, or other proceedings in this case;

c. the parties, including designated representatives for the entity defendants;

d. expert witnesses and consultants retained in connection with this proceeding, to the extent such disclosure is necessary for preparation, ...

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