JONES & KELLER, PC, Thomas P. McMahon, Denver. Colorado, Attorneys for Plaintiff Auraria Student Housing at the Regency, LLC.
BRYAN CAVE LLP, Michael J. Hofmann, Andrew B. Mohraz, Denver, Colorado, Attorneys for Defendant Campus Village Apartments, LLC.
STIPULATED PROTECTIVE ORDER
KRISTEN L. MIX, Magistrate Judge.
Each Party stipulates to, and moves the Court to enter, this Stipulated Protective Order ("Protective Order") pursuant to Rule 26(c) of the Federal Rules of Civil Procedure. This Protective Order shall govern the treatment of Confidential Information (as defined in paragraph 2 below). As grounds, the Parties state the following:
1. In this action, at least one of the Parties has sought and/or is seeking Confidential Information (as defined in paragraph 2 below). The Parties also anticipate the possibility of seeking additional Confidential Information during discovery and that there may be questioning concerning Confidential Information in the course of depositions. The Parties assert that the disclosure of such information outside the scope of this litigation could result in significant injury to one or more of the Parties' business or privacy interests. The Parties have stipulated to this Protective Order which they request the Court to enter for the purpose of preventing the disclosure and use of Confidential Information except as set forth below.
2. "Confidential Information" means any document, file, portions of files, transcribed testimony, or response to a discovery request, including any extract, abstract, chart, summary, note, or copy made therefrom - not made available to the public - and designated in good faith by one of the Parties in the manner provided in paragraph 3 below as containing: trade secrets or confidential financial information.
3. Where Confidential Information is produced, provided or otherwise disclosed by a Party to the other Party in the course of discovery, it shall be so designated in the following manner:
a. With respect to any document produced, by imprinting the word "Confidential" on the first page or cover;
b. With respect to any response to a discovery request, by imprinting the word "Confidential" on, next to or above the response; and
c. With respect to transcribed testimony, by giving written notice to opposing counsel designating such portions as "Confidential" on the record at the time or no later than ten calendar days after counsel's receipt of the transcribed testimony.
4. All Confidential Information so designated by a Party with respect to any document produced, in response to a discovery request or in transcribed testimony shall be subject to the following restrictions:
a. It shall be used only for the purposes of this litigation and not for any business or other purpose whatsoever.
b. It shall not be communicated or disclosed by any Party's counsel or a Party in any manner, either directly or indirectly, to anyone except for purposes of this litigation.
c. It may be communicated or disclosed by any Party or any Party's counsel to the following upon their being informed of the provisions of this Protective Order: (i) employees of a Party (or employees of a member of a Party, since the Parties are both limited liability companies) who are required in good faith to provide assistance in the conduct of this litigation, including any settlement discussions; (ii) non-attorney support personnel employed by a Party's counsel such as paralegals, secretaries, data entry personnel, legal clerks, and the like; (iii) non-attorney support personnel retained by a Party or a Party's counsel such as ...