United States District Court, D. Colorado
UNITED STATES OF AMERICA, for the use and benefit of HEGGEM-LUNDQUIST PAINT COMPANY, a Colorado corporation, Plaintiff,
CENTERRE GOVERNMENT CONTRACTING GROUP, LLC, a Colorado limited liability company; BERKLEY REGIONAL INSURANCE COMPANY, a Colorado corporation; KIEWIT BUILDING GROUP, INC., a Delaware corporation; TURNER CONSTRUCTION COMPANY, a New York corporation; KIEWIT-TURNER A JOINT VENTURE, a joint venture doing business in Colorado; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation; TRAVELERS INDEMNITY COMPANY, a Connecticut corporation, FEDERAL INSURANCE COMPANY, an Indiana corporation; FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland corporation, ZURICH AMERICAN INSURANCE CORPORATION, a New York corporation; LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts corporation; and THE CONTINENTAL INSURANCE COMPANY, a Pennsylvania Corporation, Defendants.
CONSENT ORDER REGARDING CONFIDENTIALITY OF INFORMATION AND THE RETURN OF INADVERTENTLY PRODUCED DOCUMENTS (Docket No. 72-1)
MICHAEL J. WATANABE, Magistrate Judge.
Upon stipulation of the parties and pursuant to Federal Rules of Civil Procedure 26 and 29, it is hereby ordered that all information, documents, and other material produced by the respective parties in this case have been and will be produced under the following conditions:
1. The parties recognize that discovery in this case may call for the production of information or documents containing confidential and proprietary business information and other commercially sensitive information for each respective party, and that the parties have a protected proprietary and property interest in such information and documents.
2. Accordingly, the parties hereby stipulate and mutually agree that all information and documents produced in discovery in this case shall be considered confidential and shall not be used in any manner or disclosed to any persons except as otherwise set forth in this Order. When used in this Order, "Covered Material" means any and all information and documents produced by the respective parties in this case, other than information and documents that are a matter of public record.
3. When used in this Order, the term "Covered Persons" includes only the following: (1) the respective counsel for each names party involved in this case, including members of counsel's legal or support staff (e.g. in-hours investigators, secretaries, legal assistants, paralegals, and law clerks) to the extent reasonably necessary for such persons to render assistance in this case; (2) experts retained or consulted by counsel for any named party to assist in the preparation, prosecution, or evaluation of this case; (3) employees or other representatives of each named party who are directly involved in the preparation or prosecution of this case; and (4) personnel of the U.S. District Court for the District of Colorado (the "Court').
4. Covered documents shall not be used for any purpose other than the prosecution or defense of this case, and shall not be shown, disseminated, or disclosed in any manner to anyone other than "Covered Persons" without the prior written agreement of the producing party or a subsequent order from the Court.
5. Before showing or divulging any Covered Material to any of the Covered Persons listed in categories (2) and (3) of Paragraph 4 above, the respective counsel for each named party in this case shall first obtain from each such Covered Person a signed Written Assurance in the form attached hereto as Exhibit "A." Said counsel shall maintain a list of all such recipients of Covered Documents to whom this paragraph applies and the original of all Written Assurances required pursuant to this paragraph, and shall provide this list and/or copies of the Written Assurances upon request of the producing party. However, parties shall not be required to disclose the actual identity of any expert retained or consulted by the party until it is determined that such expert will be a witness at trial. At the conclusion of the case and any appeal thereof, all "Covered Persons, " including, but not limited to, "consulting" experts shall return all Covered Documents to the counsel for the respective party that furnished such Covered Documents pursuant to this Order and, when appropriate, shall furnish appropriate assurances that they have done so.
6. All "Covered Material, " including copies thereof, shall be returned to the producing party through its counsel of record at the conclusion of this case or any appeal, or shall otherwise be disposed of in a manner that is acceptable to the party that has produced such "Covered Documents, " and no copies thereof shall be retained, for any reason whatsoever, by any person, firm, or corporation, including attorneys, without the written consent of the producing party.
7. The mere designation of information or a document as "Covered Material" shall not create any presumption with regard to the actual confidentiality or proprietary nature (unless such designation is actually determined by the Court) of any information or document, or its admissibility in any future proceeding in this case, nor shall it affect the burden of proof necessary for obtaining a ruling on admissibility from the Court.
8. This Order shall not preclude the parties from exercising any rights or raising any objections otherwise available to them under the Federal Rules of Civil Procedure. Also, this Order shall not preclude the parties from raising future arguments regarding the status of any or all documents produced by the respective parties to this case.
Inadvertently Produced Documents
9. The parties acknowledge that the documents involved in this matter are voluminous, and that, given the volume and locations of the documents involved in this case, there exists a possibility that a party may inadvertently produce documents which would otherwise be subject to a claim of privilege against discovery by the party producing the documents ("Producing Party");
10. For purposes of this Order, "Protected Information" shall include, but not be limited to, documents protected from discovery by the attorney-client privilege and the work product doctrine as defined in the Federal Rules ...