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Wright v. Rosbro Corporation

United States District Court, Tenth Circuit

December 19, 2013

ONEIL WRIGHT, Plaintiff,
v.
ROSBRO CORPORATION, d/b/a Grease Monkey of Greeley, Defendant.

Rebecca Houlding, Law Offices of Joshua Friedman, P.C., Attorney for Plaintiff.

John B. Greer, Hutchinson Black and Cook, LLC, Attorney for Defendant.

STIPULATED PROTECTIVE ORDER

RICHARD P. MATSCH, Senior District Judge.

The Court has reviewed and considered the parties' Joint Motion for Entry of Protective Order. Based on the Joint Motion, it appears that discovery in this case may involve the disclosure of confidential information by the parties and potentially by persons who are not parties to this action. The Court finds that the parties have established good cause for the entry of a protective order. Therefore, pursuant to Fed.R.Civ.P. 26(c),

IT IS HEREBY ORDERED as follows:

1. This Protective Order shall apply to and govern all depositions, documents, things, and information produced in response to requests for production of documents pursuant to Fed.R.Civ.P. 34, answers to interrogatories pursuant to Fed.R.Civ.P. 33, responses to requests for admissions pursuant to Fed.R.Civ.P. 36, documents and things produced pursuant to Fed.R.Civ.P. 26(a)(1), documents and things provided by non-parties pursuant to Fed.R.Civ.P. 45, and all other discovery taken or exchanged pursuant to the Federal Rules of Civil Procedure, as well as testimony adduced at deposition or trial, matters in evidence, and other information or copies thereof which the disclosing party designates as "CONFIDENTIAL." A party or non-party may designate a document, thing, deposition or other information as "CONFIDENTIAL" if it contains Confidential Information. For purposes of this Protective Order, Confidential Information shall mean:

a. A designating party's (or non-party's) trade secrets.
b. A designating party's (or non-party's) confidential proprietary financial, commercial or technical information not generally available to the public.
c. Confidential personnel and employment-related records and information maintained by Defendant regarding its current and former employees that are not generally available to the public; provided however, that documents and information regarding claims of harassment, discrimination and retaliation based upon race and/or national origin, and Defendant's investigation or discipline of such alleged harassment, discrimination and retaliation based upon race and/or national origin, shall not be considered Confidential Information.
d. Confidential personnel and employment-related records and information maintained by a non-party regarding its current and former employees that are not generally available to the public; provided however, that documents and information regarding claims of harassment, discrimination and retaliation based upon race and/or national origin, and Defendant's investigation or discipline of such alleged harassment, discrimination and retaliation based upon race and/or national origin, shall not be considered Confidential Information.
e. Confidential medical and financial records and information pertaining to Plaintiff.

2. A party or non-party producing Confidential Information shall label or mark documents and things deemed to be Confidential Information with the legend "CONFIDENTIAL, " "CONFIDENTIAL INFORMATION, " or marking of similar effect. In any instance where such stamping is not feasible, the parties shall agree upon a reasonable substitute indication of confidentiality. Inadvertent disclosure of Confidential Information shall not prevent a party from designating said information as confidential at a later time. However, the other party shall not be found to have been in error if it divulged said information to others prior to the changed designation.

3. The parties expressly acknowledge that discovery may entail the production of materials constituting "protected health information" under 45 CFR § 160.103 and they agree that such information shall be designated "CONFIDENTIAL." The parties intend that this Protective Order serve as a qualified protective order under 45 CFR § 164.512(e)(1)(v).

4. Documents and information designated "CONFIDENTIAL" in accordance with this Protective Order, and the information contained therein, shall be used solely for the purposes of this case and may not be used as a basis for any other action, claim, or protest without first obtaining permission of this Court or the producing party. Such information shall not be used by, or disclosed to any person except as provided herein, provided that the disclosing party may use its or his own confidential or restricted ...


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