United States District Court, D. Colorado
ANDREW T. BRAKE.ESQ. ATTORNEY FOR PLAINTIFF
KATHLEEN J. MOWRY, ESQ. ATTORNEY FOR DEFENDANT
STIPULATED PROTECTIVE ORDER
RICHARD P. MATSCH JUDGE
Plaintiff Antonia Elena Leyba ("Plaintiff') and Defendant Chipotle Mexican Grill, Inc. ("Chipotle"), each a "Party" or collectively, "the Parties, " to this "Action" hereby agree to the following Stipulated Protective Order ("Order") regarding certain documents and information that will be produced by the Parties during discovery in this litigation.
1. The Parties acknowledge that discovery in this litigation may require the disclosure of documents and other materials that are commercially and/or financially sensitive, contain personal medical information, and/or are otherwise confidential in nature (hereinafter referred to as "Confidential Information"). Unless otherwise specifically designated by a party, the level of restriction shall be Level 1, pursuant to D.C.COLO.LCivR 7.2(b).
2. "Confidential Information" consists of, but is not limited to, the following types of documents and/or information:
a. Documents containing Plaintiffs medical, financial, and employment information, including social security number and personnel file;
b. Chipotle asserts that "Confidential Information" may consists of documents containing Defendants' private, confidential, and/or proprietary information with regards to policies, procedures and practices including, but not limited to, employee handbooks, benefit guides, training and instruction materials, evaluation materials, security protocols, management conferences, job descriptions, and/or investigation notes; However, "Confidential Information" is not to include any such information already in the possession of Plaintiff, notwithstanding this or any other paragraph or subparagraph of this STIPULATED PROTECTIVE ORDER .
c. Documents containing Defendants' trade secrets, labor matrix, financial and commercial information, and/or other competitive information not otherwise publicly available;
d. Chipotle asserts that "Confidential Information" may consists of documents that contain personal and highly confidential information about past or present employees of Chipotle, including social security numbers and personnel files.
3. The Parties hereby agree that a producing Party subject to discovery in this Action may designate documents; deposition testimonies, transcripts, and exhibits; responses to interrogatories; responses to requests for admission; and other written, recorded, or graphic information and materials produced in the course of this Action as Confidential Information if the item produced contains Confidential Information. The producing Party claiming a document or information is confidential shall so designate it by imprinting the word(s) "CONFIDENTIAL" on the document. Such designation shall be made in good faith after review by an attorney for the producing Party. Any Party seeking confidential treatment for documents or other materials previously produced by any other Party without such designation may do so by sending written notice requesting designation to the producing Party within forty-five (45) days of their production. If the producing Party objects to the request for confidential designation, and if the Party seeking designation then files a motion with the Court to designate the documents as Confidential within 14 days, the documents will be deemed Confidential pending a decision on the motion. Notwithstanding the foregoing, all medical, financial or other information of Plaintiff that is not generally available to the public shall be treated as "Confidential Information", including all information which the Defendant may obtain by way of any written authorization signed by the Plaintiff, ail without the necessity of Plaintiff designating the information as "Confidential Information".
4. With respect to testimony elicited during depositions, whenever counsel for a Party deems that any question or line of questioning calls for the disclosure of information that should be treated as Confidential Information, counsel may: (i) designate on the record prior to such disclosure that such information is being designated as "Confidential" or (ii) give written notice to all other counsel that such information is being designated as "Confidential" within forty-five (45) days after receiving a copy of the transcript of the deposition. A party seeking to designate as Confidential a portion of a deposition transcript must designate as Confidential by page and line numbers within the deposition transcript and may not designate an entire deposition transcript as Confidential. Notwithstanding the foregoing, all medical, financial or other information of Plaintiff that is not generally available to the public shall be treated as "Confidential Information", including all information which the Defendant may obtain by way of any written authorization signed by the Plaintiff, all without the necessity of Plaintiff designating the information as "Confidential Information".
5. Confidential Information shall be used by the receiving Party restrictions set forth in paragraphs 6 and 7 below. The Parties shall take reasonable and prudent measures to safeguard the confidentiality of ail Confidential Information.
6. The Party receiving any Confidential Information designated as "CONFIDENTIAL" shall not, directly or indirectly, disclose such Confidential ...