United States District Court, D. Colorado
Jason S. Weiss Florida Bar No. 356890 Weiss Law Group, P.A. Attorneys for Plaintiff Santiago Abreu
John B. Greer Colorado Bar No. 15024 Hutchinson Black and Cook, LLC Attorneys for The Hapa Group, Inc.
STIPULATED PROTECTIVE ORDER
Craig B. Shaffer, United States Magistrate Judge
Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, and/or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation is warranted. Therefore, pursuant to Fed.R.Civ.P. 26(c), IT IS HEREBY AGREED BETWEEN THE PARTIES AND ORDERED BY THE COURT that the following provisions concerning confidential treatment of documents, answers to interrogatories or requests for admission produced by the Plaintiff or Defendant, or answers to deposition questions, or other responses to discovery requests, including inspections of tangible items, shall apply in the above-captioned matter.
1. Documents, answers to interrogatories, responses to requests for admission, appropriate portions thereof or other responses to discovery requests, which are to be treated as confidential because they reflect (a) a trade secret, (b) confidential research, development or commercial information, (c) confidential personnel and employment information, or (d) confidential personal, medical or financial information shall be designated by the producing party as "CONFIDENTIAL." This designation shall be made by stamping the word "CONFIDENTIAL" in ink on the copy of each confidential document or portion thereof produced to the opposing party by the producing party. In any instance where such stamping is not feasible, the parties shall agree upon a reasonable substitute indication of confidentiality. Such documents, answers, portions of answers or responses shall be treated as confidential under and subject to the provisions of this Protective Order. A party may designate as "CONFIDENTIAL" only information (regardless of how generated, stored or maintained) or tangibles things that qualify for protection under standards developed under Fed R. Civ. P. 26(c), including without limitation materials which that party in good faith believes constitute information that is not generally known and which the party would normally not reveal to third parties or would cause third parties to maintain in confidence. The provisions of this Protective Order relating to confidential information shall not apply to information that was, is, or became accessible to the public not in violation of this Protective Order, nor to any information that is obtained by any party through independent means.
2. The parties expressly acknowledge that discovery may entail the production of materials constituting "protected health information" under 45 CFR § 160.103 and they agree that such information shall be designated "CONFIDENTIAL." The parties intend that this Protective Order serve as a qualified protective order under 45 CFR § 164.512(e)(1)(v).
3. All answers to interrogatories, requests for admission, documents, or other responses to discovery requests or portions thereof, designated "CONFIDENTIAL" in accordance with this Protective Order, and the information contained therein shall be used solely for the purposes of this case, and may not be used as a basis for any other action, claim, or protest without first obtaining permission of this Court or the producing party. Such information shall not be used by, or disclosed to any person except as provided herein. Confidential documents, pleadings and information may be disclosed to the following classes of persons (collectively "Recipients"):
(A) The parties and the following counsel of record for the parties, and members or associates of the firms:
For the Plaintiff:
Weiss Law Group, P.A.
For the Defendant:
Hutchinson Black and Cook, LLC
(B) The non-technical, clerical, or paralegal staff employed by counsel referred to in ...