United States District Court, D. Colorado
Michael E. Hegarty United States Magistrate Judge
WHEREAS, discovery requests have or soon will be served in the above-captioned action; and
WHEREAS, such requests will likely require the production or disclosure of confidential or sensitive financial, business, or commercial information;
NOW, THEREFORE, pursuant to the provisions of Rule 26(c) of the Federal Rules of Civil Procedure, the Court HEREBY ORDERS:
1. For purposes of this Order, “CONFIDENTIAL INFORMATION” shall mean all information or materials:
(a) which is produced for or disclosed to a receiving party (plaintiff or defendant) in discovery in this action; and
(b) which has been so designated in the manner set forth in Paragraph 3 (as either “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY”) prior to the time of disclosure.
2. Information, documents, and things that a party or third party in good faith believes constitutes or contains nonpublic, confidential or proprietary information, maybe designated as “CONFIDENTIAL.” Information, documents and things that a party or third party in good faith believes constitutes or contains proprietary, trade secret and/or other sensitive confidential research, development, business, commercial or financial information, the disclosure of which can reasonably be expected to lead to competitive harm to, or otherwise constitute an unwarranted invasion of, the privacy or the commercial or business interests of the producing party or witness, may be designated as “CONFIDENTIAL - ATTORNEYS’ EYES ONLY.”
3. (a) CONFIDENTIAL INFORMATION contained in physical or electronic objects or documents, in whatever form, including but not limited to any correspondence, memoranda, exhibits, responses to letters, etc., or copies thereof, shall be designated by stamping or affixing thereto the legend “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” on the cover or first page and on each page containing confidential information.
(b) Any party or any third party witness may designate a document or other item as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” by delivering a copy to the party seeking discovery with the appropriate stamp.
(c) If CONFIDENTIAL INFORMATION is or is about to be disclosed orally or has just been disclosed orally on the record of any deposition, counsel for the producing party or third party witness may so designate the information.
Testimony designated as CONFIDENTIAL INFORMATION during a deposition shall be placed by the reporter in a separate volume. Parties or third parties may designate testimony as CONFIDENTIAL INFORMATION up to 30 days after receipt of the official deposition transcript.
(d) The disclosure by a producing party of CONFIDENTIAL INFORMATION by way of delivering responses to discovery requests, delivering copies of documents, disclosing deposition testimony or otherwise, without the designation required by paragraph 3(a), shall not constitute a waiver of any claim of confidentiality if (a) such disclosure resulted from inadvertence or mistake on the part of the producing party, (b) such inadvertent or mistaken disclosure has been brought to the attention of the receiving party promptly after discovery of such disclosure and (c) within ten (10) days of such discovery, the producing party has provided properly marked documents. Upon such notice, and upon receipt of properly marked documents, the materials shall be treated as confidential and the receiving party shall return said unmarked documents and things to the extent practicable, and shall not retain copies thereof and shall treat information contained in said documents and things and any summaries or notes thereof as CONFIDENTIAL INFORMATION.
4. Any and all information, documents and things that are made available for inspection shall be treated as having been designated as “CONFIDENTIAL - ATTORNEYS’ EYES ONLY” pursuant to this Protective Order, whether or not so marked, until copies of the information, documents and things are requested and produced. Produced documents and things, and information therein, shall be held pursuant ...