United States District Court, D. Colorado
Scott F. Reese ATTORNEY FOR PLAINTIFF JON LEWIS
James N. Phillips ATTORNEY FOR DEFENDANT RS&I, INC.
Erik G. Fischer, P.C. ATTORNEY FOR DEFENDANTS COAST 2 COAST COMMUNICATIONS, LLC AND BRIAN TORTORELLA
PROPOSED PROTECTIVE ORDER
The Court hereby grants the Stipulated Motion for Entry of Protective Order for the reasons set forth therein and further orders as follows:
1. This Protective Order shall apply to all information, documents and tangible things subject to discovery in this action, that are in the possession, custody, or control of a party, or of a non-party witness, and that are believed to contain or embody a party’s trade secrets, proprietary or other confidential information. By way of example, and not limitation, such information may include, or be included in, documents, tangible things, transcripts, answers to interrogatories and other responses to discovery requests, pleadings, briefs, summaries, notes, abstracts, motions, drawings and any instrument which comprises, embodies or summarizes matters which any party or non-party considers confidential and/or proprietary. Confidential information may also include information revealed during depositions upon oral examination.
2. “Confidential Information” (including as a subset any documents marked “Highly Confidential - Attorneys’ Eyes Only”) as used herein means any (i) trade secrets, (ii) proprietary, or other confidential information of the designating party, regardless of form, including but not limited to, research, development, business, marketing, sales, or financial information; or, (iii) information that a Party is contractually or legally prohibited from disclosing publicly. The “Confidential” designation extends to both the material so designated and to the substance of the information so designated and excerpts, compilations, or similar documents containing or compiled from such information.
3. The “Highly Confidential - Attorneys’ Eyes Only” designation (“AEO designation”) shall be limited to highly sensitive business and technical information for which disclosure would be detrimental to the designating party.
4. “Confidential Information” does not include information that was in the public domain before disclosure to the non-designating party, or that becomes part of the public domain after disclosure to the non-designating party through no action or fault of the non-designating party.
5. The parties shall endeavor to limit the designation of information as Confidential Information to the information that genuinely warrants the protection provided by the terms of this Order.
6. “Confidential Information” shall not be used or disclosed by any party for any purpose whatsoever other than in the preparation for and trial of this matter and any appeal thereof; provided, however, the designating party may use its own “Confidential Information” for any purpose. Persons authorized to review Confidential Information pursuant to this Protective Order shall hold Confidential Information in confidence and shall not divulge the Confidential Information, either verbally or in writing, to any other person, entity or government agency unless authorized to do so by order from this Court. If a receiving Party discloses or uses Confidential Information in violation of the terms of this Protective Order, the Court may impose appropriate sanctions against that Party, including without limitation compensatory damages for any harm caused by the disclosure or use.
7. Counsel for a Party who receives Confidential Information shall take reasonable steps to ensure compliance with the terms of this Protective Order with respect to persons to whom such Confidential Information is disclosed as a result of counsel’s receipt of such information from the disclosing Party. Counsel for the receiving Party shall obtain and retain the original Acknowledgements, in the form attached hereto, signed by qualified recipients of Confidential Information.
8. Either party may designate materials as “Confidential Information” or “Highly Confidential - Attorneys’ Eyes Only” in the following manner:
(a) All “Confidential Information” shall be marked by placing on the initial page or cover of a multi-page document (including deposition transcripts), one of the following designations, or a designation containing the same information, but in a different format: “CONFIDENTIAL”; or “CONFIDENTIAL INFORMATION - THIS DOCUMENT IS SUBJECT TO A PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” In lieu of marking the original documents, the party may mark the copies that are produced or exchanged;
(b) With respect to testimony that is not transcribed, by given written notice to opposing counsel no later than ten days ...