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Hasco, Inc. of New Mexico v. First American Title Insurance Co.

United States District Court, D. Colorado

January 29, 2014

HASCO, INC. OF NEW MEXICO, Plaintiff,
v.
FIRST AMERICAN TITLE INSURANCE COMPANY, Defendant.

PROTECTIVE ORDER AGREEMENT (Docket No. 32-1)

MICHAEL J. WATANABE, Magistrate Judge.

First American Title Insurance Company, Hasco Inc. of New Mexico, and ALCO Stores, Inc., by and through counsel, hereby agree as follows:

A. Hasco, Inc. of New Mexico ("Hasco") has instituted a lawsuit against First American Title Insurance Company ("First American") in which a covenant restriction for the benefit of ALCO Stores, Inc. ("ALCO") involving two parcels of undeveloped property adjacent to property leased by ALCO at or near Highway 160 in Pagosa Springs, Colorado in a subject.

B. The lawsuit is pending in the United States District Court for the District of Colorado, Civil Action No. 13-CV-01702-RM-MJW ("the Litigation").

C. First American has served a Subpoena Duces Tecum upon ALCO seeking the production of various documents that may relate to the subject matter of the litigation.

D. Some of the documents requested pursuant to the Subpoena are deemed by ALCO to be confidential and proprietary. ALCO is willing to produce certain documents pursuant to the Subpoena provided that the confidentiality and proprietary nature of such documents is protected. Accordingly, ALCO, First American and Hasco have agreed as follows:

1. Documents produced by ALCO pursuant to the Subpoena shall be designated as either "Confidential" or "Highly Confidential - Attorneys Eyes Only" within the meaning of this Protective Order Agreement. This Protective Order Agreement shall have application to all documents produced by ALCO pursuant to the Subpoena. The parties to this Agreement reserve the right to apply to the Court in which the litigation is lodged for modification to this Protective Order Agreement in the event they are unable to voluntarily agree to such modifications.

2. CONFIDENTIAL MATERIAL

a. "Confidential" information or items shall mean information (regardless of how generated, stored or maintained) or tangible things that qualify for protection under standards developed under Fed.R.Civ.P. 26(c).
b. Any party to this action may invoke protection for proprietary confidential material (including, inter alia, exhibits, documents and things produced by any party or witness, answers to interrogatories, responses to requests for admissions, and deposition transcripts) if that party asserts in good faith that such material comprises or contains proprietary information or trade secrets. Such claim of protection shall be made by stamping or marking documents or things containing such information with the following legend:

"CONFIDENTIAL"

Protection can be obtained for testimony given at depositions by designating the transcript of such testimony with the foregoing legend. Material thus marked is referred to herein as "Confidential Material."

3. HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY MATERIAL

a. "Highly Confidential Attorney's Eyes Only Material" shall mean any type or classification of information which the producing party has a good faith basis for contending is extremely sensitive confidential and/or proprietary information, the disclosure of which, even limited to the restrictions placed on "CONFIDENTIAL" Information in this Order, may compromise and/or jeopardize the producing party's business interests, and further is designated as such by the party producing the information whether such information be revealed during a deposition, contained in a document, or contained in any pleading, ...

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