United States District Court, D. Colorado
Debra P. DeRee, Colorado Springs, CO, Attorney for Plaintiffs.
BLACKWELL BURKE P.A., Charmaine K. Harris, Jerry W. Blackwell, Peter J. Goss, Minneapolis, MN, ATTORNEYS FOR DEFENDANT MEDTRONIC, INC.
STIPULATION AND PROTECTIVE ORDER
KRISTEN L. MIX, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED by and between Karin Bugatti Fausett and Eddie Fausett ("Plaintiffs") and Medtronic, Inc. ("Medtronic") (collectively, the "Parties"), through their undersigned counsel, as follows:
1. All materials and copies, transcriptions, or other reproductions of materials produced in this action pursuant to the discovery provisions of the Federal Rules of Civil Procedure, or by order of this Court or otherwise ("Materials"), and which contain, describe, identify or refer to information of a confidential or proprietary nature, shall be stamped "CONFIDENTIAL" by the producing party and shall be subject to the provisions of this Stipulation and Protective Order.
"Confidential Materials" are those Materials that the producing party or protected person reasonably believes not to be in the public domain, and reasonably believes contain either (a) trade secret or other proprietary strategic, research, development, or commercial information, as such terms are used in Fed.R.Civ.P. 26(c)(1)(G), that, if disclosed, would materially affect the party's or protected person's business, commercial, or financial interests; or (b) medically private information and/or personal identifying information protected from public disclosure by law or regulation.
2. Counsel for a party to this action may challenge the "CONFIDENTIAL" designation of any Confidential Materials so designated. Challenges must follow MJ Mix's Practice Standards applicable to discovery disputes and D.C.COLO.LCivR 7.1(A). The party seeking to maintain the "CONFIDENTIAL" designation will bear the burden of proof. The challenged Materials shall continue to be treated as Confidential Materials subject to this Stipulation and Protective Order while the challenge is pending.
3. Confidential Materials shall be used for purposes of this action only and for no other action or purpose whatsoever, and shall not be disclosed to any person or entity other than the Parties, their counsel (including counsel's support staff), the Court, and the Parties' expert witnesses as provided in Paragraph 4 below.
4. Disclosure of Confidential Materials to a consulting or testifying expert witness shall not constitute a violation of this Stipulation and Protective Order, provided that the expert first execute an Affidavit in the form attached hereto as Exhibit A before receiving any Confidential Materials. A copy of each executed Affidavit shall be maintained by counsel for the party that retained the expert.
5. If counsel intends to identify, discuss, or disclose any Confidential Materials in a deposition of any person or entity other than the Parties or their expert witnesses (assuming compliance with Paragraph 4), counsel shall first notify the deponent that the Materials and their contents are confidential, and the deponent shall affirm on the record that he or she agrees to abide by the terms of this Stipulation and Protective Order.
6. Within a reasonable time after a deposition in which Confidential Materials were identified, discussed, or disclosed, counsel for the producing party shall designate, by page and line where possible, all portions of the transcript that the producing party deems confidential. These portions shall be treated as Confidential Materials under this Stipulation and Protective Order.
7. If counsel intends to file Confidential Materials with the Clerk of this Court, or to identify, discuss, or disclose Confidential Materials in a written motion or other filing, he or she must provide sufficient notice to the producing party to enable the producing party to bring a motion to restrict public access pursuant to D.C.COLO.LCivR 7.2. Likewise, if counsel intends to identify, disclose, or discuss Confidential Materials in a hearing before the Court, he or she must provide sufficient notice to the producing party so that the producing party may bring a motion to restrict public access.
8. This Stipulation and Protective Order shall bind the Parties up to and through settlement or final adjudication of this action (including appeals or petitions for extraordinary writs, if any).
9. Within thirty days after settlement or final adjudication of this action, and upon written request from the producing party, persons then having possession, custody, or control of Confidential Materials shall return all such materials to the producing party, or shall verify the complete destruction of the materials by executing and mailing ...