Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Molloy v. Chico's Fas, Inc.

United States District Court, Tenth Circuit

January 1, 2014

MICHELLE MOLLOY and unnamed plaintiffs, Plaintiff,
v.
CHICO'S FAS, INC., Defendant.

STIPULATED PROTECTIVE ORDER

KRISTEN L. MIX, Magistrate Judge.

This matter comes before the Court on the parties' Stipulated Motion for Entry of Protective Order. The Court has reviewed that Motion and finds it meritorious and acceptable. Therefore, IT IS ORDERED:

1. DEFINITIONS

(a) "Confidential Information" means and includes any information, testimony, document, or thing that contains confidential or proprietary information, including but not limited to medical records or other "protected health information" within the meaning of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations; information about Defendant's customers, vendors, employees, applicants for employment, information systems, and operations; and financial information, including but not limited to tax returns, financial statements, bank records, and billing records, which were not previously available to the opposing party and are produced in this action. Confidential Information may include, without limitation, information and documents produced pursuant to Fed.R.Civ.P. 26; testimony adduced at depositions upon oral examination pursuant to Fed.R.Civ.P. 30; written responses to interrogatories pursuant to Fed.R.Civ.P. 33; documents produced pursuant to Fed.R.Civ.P. 34; answers to requests for admission pursuant to Fed.R.Civ.P. 36; and testimony, documents, and things provided pursuant to Fed.R.Civ.P. 45. Confidential Information also may include confidential information owned by a third party, so long as such information otherwise qualifies as Confidential Information hereunder.

(b) "Providing Party" means any party to this action or any third party, expert, or consultant who produces or provides any information, testimony, document, or thing pursuant to formal or informal discovery in this action.

(c) "Receiving Party" means any party to this action or any third party, expert, or consultant who receives any information, testimony, document, or thing in the course of formal or informal discovery in this action.

2. DESIGNATION OF CONFIDENTIAL INFORMATION

(a) Documents and things. Each Providing Party shall label, mark, or otherwise identify in writing the information, documents, and things that their counsel considers in good faith to contain Confidential Information or to be otherwise entitled to protection under Fed.R.Civ.P. 26(c), or other applicable law, with the legend "Confidential-Subject to Protective Order." Before designating any information, documents, or things as Confidential Information, a party's counsel must review the information and determine that the designation is based on the counsel's good faith belief that the information is confidential or otherwise entitled to protection under Fed.R.Civ.P. 26(c)(1).

(b) Depositions. During or after depositions upon oral examination, if counsel for any party believes that a question or answer of any deponent (whether party, third-party, expert, or otherwise) constitutes Confidential Information, counsel shall request that the specific pages that include such Confidential Information be included in a separate sealed portion of the transcript. The reporter shall include on the cover page of each sealed portion the legend: "This transcript portion contains information subject to a Protective Order and shall be used only in accordance therewith." When testimony designated as Confidential Information is being given during a deposition, all persons except those who are entitled to receive such Confidential Information under the terms of this Order shall be excluded from the deposition room.

(c) Inadvertent failure to designate. Any Providing Party who inadvertently fails to designate any information, testimony, document, or thing as Confidential Information may correct such failure by giving written notice of the same to the Receiving Parties. Upon such written notification, the corrected materials shall only be deemed Confidential Information prospectively. Substitute copies of the corrected information, testimony, document, or thing, appropriately marked "Confidential-Subject to Protective Order, " shall be given to all Receiving Parties as soon as they become available. Within ten (10) days of receipt of the substitute copies, the Receiving Parties shall return the previously unmarked items to the Providing Party, or destroy such items and notify counsel for the Providing Party of such destruction.

3. DESIGNATED MATERIALS PRESUMED CONFIDENTIAL

All information, testimony, documents, and things designated by a Providing Party as Confidential Information shall be treated in all respects as though they in fact constitute or contain confidential information, unless and until the Court rules otherwise or the Providing Party agrees otherwise.

4. RESTRICTIONS ON DISCLOSURE AND ACCESS

(a) Except as provided below, all Receiving Parties with respect to any particular Confidential Information shall take reasonable steps to ensure that no persons obtain such Confidential Information and that no ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.