United States District Court, D. Colorado
MARVIN R. JONES, Plaintiff,
SPECIALIZED LOAN SERVICING LLC, a Delaware limited liability company Defendant.
Marvin J. Jones Pro Se Plaintiff
Jennifer S. Harpole Littler Mendelson, P.C. Attorney for Defendant Specialized Loan Servicing LLC
[PROPOSED] PROTECTIVE ORDER
NINA Y. WANG U.S. MAGISTRATE JUDGE.
This matter comes before the Court on the Parties’ Stipulated Motion for Entry of Protective Order. The Court has reviewed the Motion. Pursuant to Federal Rule of Civil Procedure 26(c), as well as Federal Rule of Evidence 502(d), (e), the parties have shown good cause in support of the entry of a protective order to protect the discovery and dissemination of confidential information. Therefore, IT IS ORDERED:
1. This Protective Order shall apply to all documents, depositions, deposition exhibits, recorded telephone conversations, transcripts of telephone conversations, hard drives, responses to discovery requests, inspections, examinations of premises, facilities, and physical evidence, electronically stored information (including metadata) and any other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure (collectively, “Discovery Material”).
2. As used in this Protective Order, “document” is defined as provided in Federal Rule of Civil Procedure 34(a), and specifically includes electronically stored information and other data compilations. A draft or non-identical copy is a separate document within the meaning of this term.
3. Information designated “CONFIDENTIAL” by any party shall be information that implicates common law and statutory privacy and/or confidentiality interests such as: (a) personnel and payroll records of current or former employees of Defendant Selective Loan Servicing LLC (“SLS”); (b) SLS’s trade secrets and commercial, financial, customer, or insurance information; (c) personal identifying information relating to the Plaintiff in this matter, including Plaintiff’s tax returns and other financial information; (d) medical records relating to any individual party to this litigation; and (e) any other material qualifying for protection under Federal Rule of Civil Procedure 26(c). CONFIDENTIAL information shall not be disclosed or used for any purpose except for the preparation and trial of this case and furthermore is subject to disclosure only under the terms of this Protective Order.
4. CONFIDENTIAL documents, materials, and/or information (collectively “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. The Court, persons employed by the Court, and stenographers transcribing the testimony or argument at a hearing, trial or deposition in this action or any appeal therefrom (“Court Personnel”);
b. Any named party, counsel to such parties whether or not they have entered appearances in this action, in-house counsel for corporate parties, and legal, clerical, paralegal, and secretarial staff employed or retained by outside or in-house counsel, including outside copying services;
c. Experts or consultants retained in connection with this action;
d. Deposition witnesses questioned by outside counsel of record for a party in connection with this action, but only to the extent necessary to assist such counsel in the prosecution or defense of this action, and provided that (i) such witness agrees to be bound by the terms of this Protective Order, or (ii) if such witness refuses and such refusal is noted on the deposition record, counsel provides the witness with a copy of this Protective Order, informs the witness and the witness acknowledges that the information to be communicated is Confidential, subject to the Protective Order in this case, may be used only in connection with that deposition and may not be communicated to any other person, that the witness is subject to the Protective Order and that any misuse of the Confidential Discovery Material will violate the Court’s Protective Order and will be punishable as contempt of Court.
e. Stenographic reporters who are engaged in proceedings necessarily incident to the conduct of this action;
f. Any individual identified by a party as a person with knowledge under Federal Rule of Civil Procedure 26, but only to the extent necessary to assist Plaintiff or Defendant’s counsel in the prosecution or defense of this action, and provided that such author or ...