United States District Court, D. Colorado
STIPULATED PROTECTIVE ORDER
KATHLEEN M. TAFOYA, Magistrate Judge.
This Order is entered pursuant to the agreement of Plaintiffs, by and through Counsel, and Defendant, by and through Counsel. The Court finds as follows:
A. That Defendant possesses certain information that it alleges to contain confidential, proprietary, sensitive, or trade secret information that may be subject to discovery in this action, but that Defendant asserts should not be made publicly available.
B. That a Protective Order should be entered in this matter that will properly balance the discovery rights of the Plaintiffs with Defendant's rights to protect information it alleges to be confidential, proprietary, sensitive, or trade secret information, and it is therefore:
ORDERED, ADJUDGED AND DECREED:
All production and disclosure of information designated as CONFIDENTIAL, TRADE SECRET, or SUBJECT TO PROTECTIVE ORDER, by Defendant during this litigation shall be governed by this Order, including, but not limited to, information contained in or derived from documents, deposition testimony, deposition exhibits, trial testimony, computer memory or archives, other written, recorded or graphic matter, and all copies, excerpts, or summaries thereof (collectively, "information").
(a) "Document" shall mean any information in written or recorded form.
(b) "Party" or "Parties" shall mean any individual or entity that has appeared or will appear in this lawsuit including, but not limited to: Plaintiff Douglas Wanker, Plaintiff Maryann Wanker and Defendant Broadspire Services, Inc. Any Parties added to the lawsuit after the entry of this Protective Order shall also be considered a Party under this Protective Order.
(c) "Confidential" means any information, document, or thing, or portion of any document or thing: (a) that the producing Party reasonably asserts contains trade secrets, competitively sensitive technical, marketing, financial, sales or other private, personal, confidential or commercially sensitive business information, or (b) which the producing Party otherwise believes in good faith to be entitled to protection. Nothing in this definition of Confidential shall be binding on the Court in determining whether a Confidential designation has been appropriately claimed and/or whether documents should be entitled to confidentiality, in the case of a dispute. When producing such information, documents or things, including without limitation any information, document, thing, interrogatory answer, admission, pleading, or testimony, Defendant shall mark the same with the foregoing or similar legend: "CONFIDENTIAL" or "CONFIDENTIAL - SUBJECT TO DISCOVERY CONFIDENTIALITY ORDER" (hereinafter "Confidential"). Any mark placed on such material shall be done in such a way as not to obscure the contents of the designated material.
This Stipulated Protective Order shall not apply to any publicly available materials, any materials that Plaintiffs obtain from means other than through disclosure by or discovery from Defendant in this case.
2. Use of Confidential Material
All Confidential material shall be used by the receiving Party solely for purposes of this action, shall not be used by the receiving Party for any business, commercial, competitive, personal or other purpose, and shall not be disclosed by the receiving Party to anyone other than those set forth in Paragraph 3, unless and until the restrictions herein are removed either by written agreement of Counsel for the Parties, or by Order of the Court. Confidential material shall be used only by individuals permitted access to it under Paragraph 3, or as the Court may otherwise permit. Confidential material, copies thereof, and the information contained therein, shall not be disclosed in any ...