United States District Court, D. Colorado
DISCOVERY CONFIDENTIALITY ORDER
MICHAEL E. HEGARTY UNITED STATES MAGISTRATE JUDGE.
It appearing that discovery in the above-captioned action is likely to involve the disclosure of confidential information and all parties consenting to the entry of this Order, it is ORDERED as follows:
1. Any party to this litigation and any third-party shall have the right to designate as “Confidential” and subject to this Order any information, document (which includes electronically-stored and computer-generated records), or thing, or portion of any document or thing: (a) that contains trade secrets, competitively sensitive technical, marketing, financial, sales or other confidential business information, or (b) that contains private or confidential personal information, or (c) that contains information received in confidence from third parties, or (d) which the producing party otherwise believes in good faith to be entitled to protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure. Any party to this litigation or any third party covered by this Order, who produces or discloses any Confidential material, including without limitation any information, document, thing, interrogatory answer, admission, pleading, or testimony, shall mark the same with the foregoing or similar legend: “CONFIDENTIAL” or “CONFIDENTIAL – SUBJECT TO DISCOVERY CONFIDENTIALITY ORDER” (hereinafter “Confidential”).
2. Any Confidential material produced in a non-paper media (e.g., videotape, audiotape, computer disk, etc.) may be designated as such by labeling the outside of such non-paper media as “CONFIDENTIAL” or “CONFIDENTIAL – SUBJECT TO DISCOVERY CONFIDENTIALITY ORDER” and In the event a receiving party generates any electronic copy, hard copy, transcription, or printout from any such designated non-paper media, such party must treat each copy, transcription, or printout as designated and label it in a manner to ensure proper treatment.
3. All Confidential material shall be used by the receiving party solely for purposes of the prosecution or defense 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 Paragraphs 5 and 6, 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 and the contents of Confidential material may be disclosed only to the following individuals under the following conditions:
(a) Outside counsel (herein defined as any attorney at the parties’ outside law firms) and relevant in-house counsel for the parties;
(b) Outside experts or consultants retained by outside counsel for purposes of this action, provided they have signed a non-disclosure agreement in the form attached hereto as Exhibit A;
(c) Secretarial, paralegal, clerical, duplicating and data processing personnel of the foregoing;
(d) The Court and court personnel;
(e) Any deponent may be shown or examined on any information, document or thing designated Confidential if it appears that the witness authored or received a copy of it, was involved in the subject matter described therein or is employed by the party who produced the information, document or thing, or if the producing party consents to such disclosure;
(f) Vendors retained by or for the parties to assist in preparing for pretrial discovery, trial and/or hearings including, but not limited to, court reporters, litigation support personnel, jury consultants, individuals to prepare demonstrative and audiovisual aids for use in the courtroom or in depositions or mock jury sessions, as well as their staff, stenographic, and clerical employees whose duties and responsibilities require access to such materials;
(g) The parties. In the case of parties that are corporations or other business entities, the term “party” shall mean employees who are required to participate in decisions with reference to this lawsuit; and
(h) Other persons who the producing party specifically allows in writing.
4. Each person who signs the Agreement To Be Bound By Discovery Confidentiality Order shall subject himself or herself to the jurisdiction of this Court for the purpose of any proceedings relating to the performance under, compliance with, or violation of this Order. The recipient of any Confidential material that is produced under this Order shall maintain such material in a secure and safe area, ...