United States District Court, D. Colorado
ERIC ALDRICH, et al. Plaintiffs,
DIRECTV, LLC, et al. Defendants,
TODD C. WERTS, GEORGE A. HANSON STUEVE SIEGEL HANSON LLP RYAN D. O'DELL ATTORNEYS FOR PLAINTIFF'S
Brett C. Painter Davis Graham & Stubbs LLP Patricia J. Martin ATTORNEYS FOR DEFENDANT
STIPULATED PROTECTIVE ORDER (DOCKET NO. 54-1)
The Parties, by their respective counsel, hereby stipulate to the entry of the following Protective Order pursuant to Federal Rule of Civil Procedure 26(c). To protect trade secret and/or confidential research, development or commercial information, information protected from disclosure by 47 U.S.C. § 338(i), information and documents which may be protected by the attorney-client privilege and the tangible or intangible work product doctrines, and/or private information related to this litigation, it is HEREBY ORDERED that:
1. Any document or information produced or disclosed pursuant to the terms of this Protective Order cannot be used for any purpose other than this lawsuit. Thus, information and documents produced through discovery and designated as "Confidential" may be disclosed only to: (a) a party, (b) recognized counsel for the parties in this case, and their staff and other attorneys in their firms, namely: LEAR WERTS LLP and STUEVE SIEGEL HANSON LLP, Attorneys for Plaintiffs and DAVIS GRAHAM & STUBBS LLP and LITTLER MENDELSON, P.C., Attorneys for Defendants, (c) witnesses, (d) experts and consultants retained by a party for assistance in trial preparation or for testimony, (e) any persons requested by counsel to furnish services such as document coding, image scanning, mock trial, jury profiling, translation services, court reporting services, demonstrative exhibit preparation, or the creation of any computer database from documents, (f) the Court and its personnel, and (g) for use in trial. The designation "Confidential" may be invoked in good faith by a producing party with respect to items of discovery produced through this litigation which the producing party or non-party reasonably believes not to be in the public domain and contains any confidential, strategic, research, development, or commercial information or private, personal or personnel information, and information and documents which may be protected by the attorney-client privilege and the tangible or intangible work product doctrines.
2. Any document designated by a party as "Attorneys' Eyes Only" may be disclosed only to: (a) recognized counsel for the parties in this case, and their staff and other attorneys in their firms, namely: LEAR WERTS LLP and STUEVE SIEGEL HANSON LLP, Attorneys for Plaintiffs and DAVIS GRAHAM & STUBBS LLP and LITTLER MENDELSON, P.C., Attorneys for Defendants, (b) experts and consultants retained by a party for assistance in trial preparation or for testimony, (c) any persons requested by counsel to furnish services such as document coding, image scanning, mock trial, jury profiling, translation services, court reporting services, demonstrative exhibit preparation, or the creation of any computer database from documents, (d) the Court and its personnel, and (e) for use in trial. As used herein, the designation "Attorneys' Eyes Only" may be invoked in good faith by a producing party only with respect to Confidential Information which the producing party or non-party reasonably believes to be: (1) a trade secret or so competitively sensitive that it is entitled to extraordinary protections or (2) non-public financial information about a person or party.
3. Confidential Information or Attorneys' Eyes Only Information may be disclosed to a person, not already allowed access to such information under this Protective Order, if: the information was previously received or authored by the person or was authored or received by a director, officer, employee or agent of the company for which the person is testifying as a corporate designee; the designating party is the person or is a party for whom the person is a director, officer, employee, consultant or agent; or counsel for the party designating the material agrees that the material may be disclosed to the person. In the event of disclosure under this paragraph, only the reporter, the person, his or her counsel, the judge and persons to whom disclosure may be made, and who are bound by the Protective Order, may be present during the disclosure or discussion of Confidential Information. Disclosure of material pursuant to this paragraph shall not constitute a waiver of the confidential status of the material so disclosed.
4. The inadvertent failure to designate or withhold any information as confidential or privileged will not be deemed to waive a later claim as to its confidential or privileged nature, or to stop the producing party from designating such information as confidential at a later date in writing and with particularity. The information shall be treated by the receiving party as confidential from the time the receiving party is notified in writing of the change in the designation.
5. The parties recognize that the Satellite Television and Localism Act of 2010, 47 U.S.C. § 338(i), (the "Act") prohibits the disclosure of personally identifiable information concerning any satellite subscriber without the prior written consent of the subscriber concerned.
Accordingly, the parties agree that if personally identifiable information concerning any satellite subscriber is inadvertently produced, the party identifying the disclosure will notify the other party and the party in possession of the information will return such documents and all copies to the producing party after the producing party has produced redacted copies of such documents. The receiving party will not use the satellite subscriber's personally identifiable information for any purpose. The producing party will reproduce the inadvertently disclosed materials with the personally identifiable information redacted. The parties agree that the return of any documents designated to be covered by the Act will occur immediately upon production of redacted copies of those documents despite any dispute over whether the documents are covered by the Act. If a party wishes to challenge the designation of documents as protected by the Act, the parties agree that only copies of documents that do not contain, or that have personally identifiable information concerning satellite subscribers redacted will be submitted to the Court.
6. All experts retained by a party for assistance in trial preparation or for testimony will be provided a copy of this Protective Order and be made aware that they are prevented from publicly disseminating this information and are required to maintain its confidentiality.
7. This Protective Order will not prohibit the use of Confidential Information in depositions of witnesses allowed access to such documents under the terms of this Protective Order and/or trial.
8. A party may designate information disclosed at a deposition as Confidential or Attorneys' Eyes Only Information by requesting the reporter to so designate the transcript or any portion thereof at the time of the deposition. If no such designation is made at the time of the deposition, any party shall have thirty (30) calendar days after the date the transcript of the deposition is received from the Court reporter to designate, in writing to the other parties and to the court reporter, whether the transcript is to be designated as Confidential or Attorneys' Eyes Only Information.
9. The parties shall act to protect from public disclosure all information produced through discovery and designated Confidential or Attorneys' Eyes Only.
10. If any party wishes to modify this Order, the parties shall first request such modification from each other, and, if no satisfactory agreement is reached, may petition the Court for modification at any time prior to termination of this lawsuit. Modification of this Order after termination of this lawsuit, by judgment, settlement or otherwise, shall not be ...