United States District Court, District of Colorado
COLORADO HOSPITALITY SERVICE, INC., d/b/a HOTEL GOLD CROWN Plaintiff,
OWNERS INSURANCE COMPANY, an Ohio company, Defendant.
WHEREAS, the Court finds good cause for entry of an order to protect the discovery and dissemination of confidential information and information that would annoy, embarrass, or oppress parties, witnesses, and persons providing discovery in this civil action,
IT IS ACCORDINGLY ORDERED THAT:
1. This Protective Order shall apply to all CONFIDENTIAL documents, materials, and information, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other Information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure.
2. As used in this Protective Order, "document" is defined as provided in Fed.R.Civ.P. 34(a)(1)(A). A draft or non-identical copy is a separate document within meaning of this term.
3. Information designated as "CONFIDENTIAL" shall be Information that is confidential and implicates: (a) the proprietary, confidential, competitively sensitive and/or trade secret information of Owners Insurance Company and/or its related entities; (b) the proprietary, confidential, or competitively sensitive information of Colorado Hospitality Service, Inc. and/or its agents; and (c) any individual's common law or statutory privacy interests; 4. A designation of confidentiality shall constitute a representation in good faith and after careful determination that the material is not reasonably believed to be already in the public domain and that counsel believes the material so designated constitutes confidential material.
5. No party shall designate any document "CONFIDENTIAL" that has entered into the public domain.
6. No party shall designate any document "CONFIDENTIAL" that has been admitted Into evidence at any trial or hearing, unless the Court; (a) sealed public access to the document and/or closed the hearing/trial to the public; or (b) any motion to do so is pending.
7. Documents, materials, and/or Information designated "CONFIDENTIAL" (collectively "CONFIDENTIAL information") shall not be disclosed or used for any purpose except the preparation and trial of this case.
8. CONFIDENTIAL information shall not, without the consent of the party producing it or further Order of the Court, be disclosed except that such information may be disclosed to:
(a) attorneys actively working on this case;
(b) persons regularly employed or associated with the attorneys actively working on the case whose assistance is required by said attorneys in the preparation for trial, at trial, or at other proceedings in this case;
(c) the parties, including designated representatives for Defendant or Plaintiff.
(d) expert witnesses and consultants retained in connection with this proceeding, to the extent such disclosure is necessary for preparation, ...