THE UNITED STATES OF AMERICA for the use and benefit of FISHER SAND AND GRAVEL CO. d/b/a ARIZONA DRILLING and BLASTING, a North Dakota corporation, and FISHER SAND AND GRAVEL CO. d/b/a ARIZONA DRILLING and BLASTING, a North Dakota corporation, Plaintiffs,
KIRKLAND CONSTRUCTION, LLLP, a Colorado company, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation Defendants.
Troy Rackham, Esq. William Garehime, Esq. Fennemore Craig, P.C. Denver, CO. Kevin J. Bonner Fennemore Craig, P.C. Attorneys for Fisher Sand and Gravel Co. d/b/a/ Arizona Drilling and Blasting
Richard P. Ranson, Esq. Jason P. Kane, Esq. Ranson & Kane, P.C. Colorado Springs, CO, Attorneys for Kirkland Construction, LLLP and Travelers Casualty and Surety Company of America
CONFIDENTIALITY AND PROTECTIVE ORDER
MICHAEL E. HEGARTY, Magistrate Judge.
THIS MATTER, having come before the Court upon the parties' Joint Motion for Entry of Confidentiality and Protective Order and the Court being fully advised, HEREBY ORDERS that to preserve and maintain the confidentiality of documents and information produced in this lawsuit, the parties' Confidentiality and Protective Agreement below is hereby entered as an Order of the Court.
Fisher Sand and Gravel Co. d/b/a Arizona Drilling and Blasting ("Arizona Drilling"), Kirkland Construction, LLLP ("Kirkland"), and Travelers Casualty and Surety Company of America ("Travelers") (collectively, the "Parties, " and each individually, the "Party") hereby agree to the following Confidentiality and Protective Order.
This Order includes in its scope any documents, electronically stored information, or other information that has been or will be produced or disclosed in the Lawsuit whether pursuant to formal or informal discovery requests and/or subpoenas, in correspondence, or through testimony, as well as any documents, electronically stored information, or other information that has been or will be produced or disclosed by non-parties to this Lawsuit pursuant to subpoena and/or deposition notice ("Discovery Material").
B. Disclosure of Confidential Information
All Confidential Information (as defined herein) shall not be disclosed to any person except in accordance with the terms hereof.
C. Confidential Information
Any Party or non-party who produces documents may designate as Confidential Information any Discovery Material that it in good faith believes would reveal trade secrets, confidential, and/or proprietary information ("Confidential Information"). A Party or non-party designating Discovery Material as Confidential Information shall place a stamp indicating the designation on such material at the time such material is disclosed or produced. Parties will have until thirty (30) days after the entry of this Order to designate as Confidential Information Discovery Material that was produced prior to the entry of this Order, which they shall do by sending copies of such previously disclosed documents to the other Party with a stamp indicating such designation. Parties may also designate Discovery Material as Confidential Information that is produced by non-parties within twenty-one-(21) days of such production by sending copies of such documents to the other Party with a stamp indicating such designation.
D. Disclosure of Discovery Material
A Party may only disclosure Confidential Information to "Qualified Persons." As used herein, "Qualified Persons" means and includes:
1. The Parties' directors, officers, employees, former employees, representatives and agents in connection with (and for the sole purpose of facilitating) the ...