United States District Court, D. Colorado
DAPHANIE R. SANDERS, Plaintiff,
XCEL ENERGY SERVICES INC., Defendant.
BERENBAUM WEINSHIENK, PC Rosemary Orsini ATTORNEYS FOR PLAINTIFF.
MARTINEZ LAW GROUP, P.C. Meghan W. Martinez, Elizabeth Imhoff, ATTORNEYS FOR DEFENDANT.
STIPULATED PROTECTIVE ORDER
KRISTEN L. MIX, UNITED STATES MAGISTRATE JUDGE.
This matter comes before the Court on the Parties' Stipulated Motion for Entry of Protective Order. The Court has reviewed that Motion and finds that the Motion is meritorious and acceptable. Therefore, IT IS ORDERED:
1. The Parties have stipulated and agreed to the terms of and entry of this Stipulated Protective Order.
2. Pursuant to Rule 26(c), this Stipulated Protective Order shall govern the handling of documents, materials, and information including without limitation, depositions, deposition exhibits, responses to any discovery requests, including responses to interrogatories, document requests, and requests for admissions and any other information produced, given or exchanged by and among the Parties and non-parties to this action.
3. As used in this Stipulated Protective Order, "document" is defined as provided in Fed.R.Civ.P. 34(a). A draft or non-identical copy is a separate document within the meaning of this term.
4. Information designated "CONFIDENTIAL" shall be information that has previously been maintained in a confidential manner, is confidential and/or is entitled to protection under Fed.R.Civ.P. 26(c)(1), and that contains (a) personnel information concerning current and former employees of Defendant, to the extent that such information implicates privacy interests and is not generally known to the public; (b) proprietary business information of Defendant, including but not limited to financial information, operational data, business plans and competitive analyses and other sensitive information that, if not restricted as set forth in this Order, may subject the producing or disclosing person to competitive or financial injury or potential legal liability to third parties; (c) information containing trade secrets; (d) internal cost, compensation, recruiting or retention data; and (e) information that concerns private financial, employment, or medical information of Plaintiff ("Daphanie Sanders") or relating to confidential matters of Plaintiff. Parties and attorneys designating documents as "Confidential" will be representing that such documents contain information the disclosure of which would implicate an important interest to be protected which outweighs the presumption of public access, and that they will be able to identify to the Court a clearly defined and serious injury that would result if access is not restricted, as required by D.C.COLO.LCivR 7.2(b)(2) & (3).
5. CONFIDENTIAL documents, materials, and/or information (collectively "CONFIDENTIAL information") shall be used solely for the purpose of this action, and shall not, without the consent of the party producing it or further Order of the Court, be used, transferred, disclosed, summarized, described, or communicated in any way, except that such information may be disclosed to:
(a) attorneys (including in-house counsel) actively working on this case to be used solely for work 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, and who will be using the information solely for work on this case;
(c) the Parties, and their employees with a need to know who are assisting said attorneys in the preparation of this case;
(d) expert witnesses, consultants and investigators retained in connection with this proceeding, to the extent such disclosure is necessary for preparation, ...