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Fuller Real Estate, LLC v. Sycamore Brokerage, LLC

United States District Court, D. Colorado

November 2, 2015

FULLER REAL ESTATE, LLC, a Colorado limited liability company, Plaintiff,
v.
SYCAMORE BROKERAGE, LLC, d/b/a FULLER SOTHEBY’S INTERNATIONAL REALTY, a Colorado limited liability company; R. SCOTT WEBBER, an individual; CATALYST, LLC, a Colorado limited liability company; VILLAGE MARKETING ASSOCIATES, LLC, a Colorado limited liability company; STEAMBOAT BROKERS, LLC, a Colorado limited liability company; MAJESTIC REALTY. LLC, a Colorado limited liability company; and JOHN DOES 1 - 10, Defendants.

Peter G. Koclanes, James Sawtelle, Joseph C. Daniels, Sherman & Howard L.L.C.Sherman & Howard L.L.C.

Kenzo S. Kawanabe, Daniel P. Spivey, Davis Graham & Stubbs LLP, Attorneys for Sycamore Brokerage, LLC, R. Scott Webber, Catalyst, LLC, Village Marketing Associates, LLC, Steamboat Brokers, LLC, and Majestic Realty, LLC

AMENDED STIPULATION AND ORDER PROTECTING CONFIDENTIALITY OF DOCUMENTS AND INFORMATION

Kathleen M. Tafoya United States Magistrate Judge

The Court, having reviewed the parties’ Amended Stipulation and Order Protecting Confidentiality of Documents and Information, being fully advised in the premises, and good cause appearing therefor, hereby orders that the Stipulation is GRANTED, and enters the following Order Protecting Confidentiality of Documents and Information (“Protective Order”) on the terms set forth below:

1. In this action, the Plaintiff and the Defendants (collectively, the “Parties”) anticipate producing and seeking production of CONFIDENTIAL INFORMATION (as defined in Paragraph 3 below) during discovery and that there will be questioning concerning CONFIDENTIAL INFORMATION in the course of depositions. The Parties assert the disclosure of such information outside the scope of this litigation could result in significant injury to one or more of the Parties’ business or privacy interests. The Parties request the Court to enter the within Protective Order for the purpose of preventing the disclosure and use of CONFIDENTIAL INFORMATION except as set forth herein.

SCOPE:

2. This Protective Order governs the handling of all documents (within the meaning of Rule 34 of the Federal Rules of Civil Procedure), answers to interrogatories and requests for admission, testimony and all other information, including copies, excerpts, and summaries thereof produced in this action.

DEFINITIONS:

3. For purposes of this Protective Order, CONFIDENTIAL INFORMATION means any business, financial, personal and proprietary information that is not generally known to the public and that the “Producing Party” would normally maintain in confidence and not reveal to the general public and that is designated as “CONFIDENTIAL”, “COUNSEL RETENTION ONLY”, or “ATTORNEYS EYES ONLY”. Any information that is derived from CONFIDENTIAL INFORMATION also constitutes CONFIDENTIAL INFORMATION to the extent the derived information embodies, contains, or discloses any CONFIDENTIAL INFORMATION. The attorneys each agree not to designate material as CONFIDENTIAL INFORMATION unless he or she is satisfied that they can demonstrate good faith reasons for treating the information in this fashion.

4. For purposes of this Protective Order, “Producing Party” means a party to this action or any non-party on behalf of which information is furnished or produced during the course of this action.

5. For purposes of this Protective Order, “Receiving Party” means a party to this action or any non-party to which information is furnished or produced during the course of this action.

6. The term “documents” shall have the same meaning as set forth in Rule 34(a) of the Federal Rules of Civil Procedure.

DESIGNATION OF INFORMATION:

7. CONFIDENTIAL INFORMATION shall be designated as follows:

(a) Any Producing Party may stamp documents “CONFIDENTIAL”, “COUNSEL RETENTION ONLY” or “ATTORNEYS EYES ONLY” prior to production in this action.
(b) In the case of interrogatory answers or responses to requests for admission, designation shall be made by starting a new page at the beginning of any answer containing CONFIDENTIAL INFORMATION and placing a legend of “CONFIDENTIAL”, “COUNSEL RETENTION ONLY”, or “ATTORNEYS EYES ONLY” on that page and each following page until the end of any such answer or answers which are deemed so designated. Following the end of an answer or answers containing CONFIDENTIAL INFORMATION, a new page shall be started.
(c) In the case of depositions, designation of the portion of the transcript, including exhibits, which contains CONFIDENTIAL INFORMATION, may be made by a statement to such effect on the record during the course of the deposition. When the designation is made during the course of the deposition, the reporter attending such deposition shall thereafter bind the transcript in separate portions containing the non-confidential material and the CONFIDENTIAL INFORMATION and the reporter shall place the appropriate legend on the cover of the CONFIDENTIAL, COUNSEL RETENTION ONLY, or ATTORNEYS EYES ONLY portions of the transcript. Portions of deposition transcripts may also be designated as CONFIDENTIAL, COUNSEL RETENTION ONLY, or ATTORNEYS EYES ONLY within 21 days after receipt of the transcript by counsel for the person whose CONFIDENTIAL INFORMATION was disclosed at the depositions by serving on all other parties to the action a letter designating by page and line number the portion or portions of the deposition transcript containing CONFIDENTIAL INFORMATION. Until the 21-day period has expired, the full deposition testimony and transcript shall be treated in its entirety as “CONFIDENTIAL” under the Protective Order unless during the course of the deposition any portion of testimony was designated as “COUNSEL RETENTION ONLY” or “ATTORNEYS EYES ONLY” in which case the full deposition testimony and transcript shall be treated as “COUNSEL RETENTION ONLY” or “ATTORNEYS EYES ONLY” under the Protective Order until the expiration of the 21-day period.
(d) Any Producing Party may designate any CONFIDENTIAL INFORMATION as “CONFIDENTIAL” under the terms of this Agreement when, in the good faith judgment of the Producing Party, it contains information that is confidential and concerns trade secrets, proprietary information, sensitive third-party information, or other business or financial information that is not publicly available. Notwithstanding anything contained in this Agreement, the burden shall be and remain on the Producing Party to demonstrate, when and if challenged, that any such designated CONFIDENTIAL INFORMATION is confidential and concerns trade secrets, proprietary information, sensitive third-party information, or other business or financial information that is not publicly available.
(e) Any Producing Party may designate any CONFIDENTIAL INFORMATION as “COUNSEL RETENTION ONLY” under the terms of this Agreement when, in the good faith judgment of the Producing Party, it contains particularly sensitive, non-public, and confidential information that the Producing Party believes in good faith cannot be disclosed without threat of competitive injury, because such CONFIDENTIAL INFORMATION contains proprietary or commercially sensitive information. This designation shall be used as sparingly as possible. Any document, material, or information designated by a party as “COUNSEL RETENTION ONLY” must be reviewed by an attorney. Notwithstanding anything contained in this Agreement, the burden shall be and remain on the Producing Party to demonstrate, when and if challenged, that any such designated CONFIDENTIAL INFORMATION contains particularly sensitive, non-public, and confidential information that the Producing Party believes in good faith cannot be disclosed without threat of competitive injury.
(f) Any Producing Party may designate any CONFIDENTIAL INFORMATION as “ATTORNEYS EYES ONLY” under the terms of this Agreement when, in the good faith judgment of the Producing Party, it contains particularly sensitive, non-public, and confidential information that the Producing Party believes in good faith cannot be disclosed to the opposing party without threat of competitive injury, because such CONFIDENTIAL INFORMATION contains proprietary or commercially sensitive information, or such CONFIDENTIAL INFORMATION is subject to restrictions by third parties. This designation shall be used as sparingly as possible. Any document, material, or information designated by a party as “ATTORNEYS EYES ONLY” must be reviewed by an attorney. Notwithstanding anything contained in this Agreement, the burden shall be and remain on the Producing Party to demonstrate, when and if challenged, that any such designated CONFIDENTIAL INFORMATION contains particularly sensitive, non-public, and confidential information that the Producing Party believes in good faith cannot be disclosed to the opposing party without threat of competitive injury, or that such CONFIDENTIAL INFORMATION is subject to restrictions by third parties. Materials may be designated as ATTORNEYS EYES ONLY only if the designating party believes in good faith that its designation as CONFIDENTIAL or COUNSEL RETENTION ONLY will not provide adequate protection.

8. If any transcripts of depositions, answers to interrogatories or requests for admission, motions, briefs or other pleadings that are to be filed with the Court (a “Filing”) include CONFIDENTIAL INFORMATION, such pleadings or other papers shall be filed with the Clerk of the Court pursuant D.C.COLO.LCivR 7.2 as a “restricted document” -- access limited to the parties and the Court for fourteen days -- with simultaneous service of a copy of the Filing to counsel for the parties in this action via the CM/ECF system as well as to the Producing Party via e-mail and overnight mail if such Producing Party is not a party to this case. Thereafter, within the time provided by D.C.COLO.LCivR 7.2, a Producing Party may file a motion pursuant to D.C.COLO.LCivR 7.2 to restrict access directed to the Filing. For purposes of use at trial, the parties may remove the “CONFIDENTIAL”, “COUNSEL RETENTION ONLY”, or “ATTORNEYS EYES ONLY” labels from the CONFIDENTIAL INFORMATION; provided, however, that those materials shall not thereby lose their status as CONFIDENTIAL INFORMATION.

9. Designation of any documents, things, or information as CONFIDENTIAL INFORMATION renders confidential any originals, copies, excerpts, summaries, quotations or ...


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