United States District Court, D. Colorado
ATTORNEY FOR DEFENDANT: AMERICAN FAMILY MUT. INS. GROUP, Robyn Averbach, Esq., Colin Campbell, Esq., CAMPBELL, LATIOLAIS & AVERBACH, LLC
ATTORNEY FOR THE PLAINTIFF: MONICA BURKHART, Kenneth J. Shakeshaft, Esq.
AMENDED STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER
MICHAEL E. HEGARTY, UNITED STATES MAGISTRATE JUDGE
THE PARTIES STIPULATE TO THE FOLLOWING AMENDED PROTECTIVE ORDER:
The parties stipulate that this Order shall apply to the Plaintiff’s medical records, education records, employment records, social security records, workers’ compensation records and tax records that may be produced from the date of this order forward or which were previously produced in this matter that are private, confidential, and/or privileged, and that are disclosed by the Plaintiff for purposes of this litigation, to the Defendant and Defendant’s attorneys and staff, expert witnesses, insurance representatives, and others, such as mediators and arbitrators. The parties further stipulate that this order shall apply to documents identified in Defendant’s responses to Plaintiffs’ written discovery requests and to any depositions taken of Defendant’s employees or representatives in which these documents and information are discussed. Defendant agrees that the documents may be used in this litigation but assert that they contain proprietary, confidential, competitively sensitive and/or trade secret information. The parties stipulate to the following:
1. The designated records and information shall remain confidential. The parties and all persons or entities obtaining this information through the parties may use the records and the information contained therein only to prepare and present the case in this litigation or for settlement evaluation purposes in this litigation, and for no other purpose. These individuals and entities shall maintain the records and documents in a secure manner that complies with applicable privacy laws and regulations, and shall not disclose or release any medical records or information to any other entity, person, claims bureau or data base (excepting circumstances in compliance with Colorado and federal law), to the extent such information has not already been released prior to the execution of this order or the original order, during the pendency of this litigation, or any other time, except as consistent with this or other Court Orders or upon request by an authorized party in possession of an authorized release for the information.
2. For this purpose, the term “medical records” shall include all records from a provider dealing with medical, dental, psychiatric, psychological, mental health, sexual history, or substance abuse issues in which the Plaintiff has a reasonable expectation of privacy.
3. It is further ordered that all such materials including copies shall be maintained in a secure manner and destroyed as follows:
a. By counsel, following a seven-year retention period in accordance with Rules of Professional Conduct, 1:15(a), or such other period as a Court may order;
b. Records and documents retained by the Counsel and their representatives shall be destroyed within one year of the earliest date allowed by American Family’s procedures, hold orders issued by a Court and statutory requirements;
c. While the records and documents are maintained by counsel and their representatives, they shall not be disclosed except as authorized in this Order, by Colorado law or Court Order, insurance department regulations or statutory requirements;
d. Any other individual, including experts to whom the records are disclosed, shall maintain the records as confidential and shall not disclose the records except as authorized by this Order, or as authorized under Colorado law; and
e. Any expert witness who receives possession of the confidential and/or privileged records or documents shall sign an acknowledgement they have received a copy of this Order and agree to abide by its terms.
4. The records and information may be utilized by counsel and its representatives to evaluate the claims and defenses in this litigation only. For these purposes, the records and information may be disclosed without the counsel’s ...