United States District Court, D. Colorado
Roy W. Penny, Esq., Denver, CO, Attorney for Plaintiff Far East Enterprise LLP.
LEWIS ROCA ROTHGERBER LLP, Lyndsay K. Arundel, Esq., Brian J. Spano, Esq., Denver, CO, Attorneys for Defendant Safeco Insurance Company of America.
KRISTEN L. MIX, Magistrate Judge.
This matter is before the Court on the parties' Joint Motion for Protective Order [#29] (the "Motion").
IT IS HEREBY ORDERED that the Motion [#29] is GRANTED. Accordingly,
IT IS FURTHER ORDERED that the Protective Order [#29-1] supplied by the parties is accepted for filing and entered as an Order of the Court, with interlineations, as of the date of this Minute Order.
Plaintiff Far East Enterprise LLP("Plaintiff" or "Far East") and Defendant Sequoia Insurance Company ("Defendant" or "Sequoia"), by and through their undersigned counsel of record and pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, hereby enter into this Stipulated Protective Order with respect to documents disclosed by Sequoia, as follows:
I. Confidential Information.
(a) As used in this Stipulated Protective Order, "CONFIDENTIAL" or "CONFIDENTIAL INFORMATION" shall mean proprietary information, documents, or things that Defendant (the "Designating Party") furnishes in the course of this litigation and in good faith designates as CONFIDENTIAL INFORMATION pursuant to Sections 1(b) to (c) below.
(b) A party may designate any proprietary documents produced in response to Plaintiff's interrogatories or requests or production of documents as CONFIDENTIAL INFORMATION by stamping the word "CONFIDENTIAL" upon the first page of the document, taking care to avoid obscuring any text, before providing it to the opposing party. Information marked CONFIDENTIAL shall not be utilized or disclosed by a receiving party (the "Recipient Party"), its agents, or its employees, except in accordance with the terms of this Stipulated Protective Order.
(c) In the case of CONFIDENTIAL INFORMATION in a non-paper medium, e.g., video or audio tape, computer discs, CD-ROMs, DVDs, etc., a party may designate all information therein as CONFIDENTIAL by affixing a legend stating the same to the outside of the medium or container.
(d) Inadvertent production of any information, document, transcript, or thing without a designation of CONFIDENTIAL shall not, in and of itself, be deemed a waiver of any party's claim of confidentiality as to such matter. If any information, document, transcript, or thing claimed to be CONFIDENTIAL is inadvertently produced without that designation, the producing party shall notify the Recipient Party within a reasonable time. All parties shall use their best efforts to protect the confidentiality of that information. Upon receipt of notice that CONFIDENTIAL INFORMATION was produced inadvertently without an appropriate initial designation of confidentiality, the Recipient Party shall thereafter (1) treat such information as CONFIDENTIAL INFORMATION pursuant to the terms of this Stipulated Protective Order, and (2) shall ...