United States District Court, D. Colorado
SCHMETTER & ASSOCIATES, LLC, a Colorado limited liability company, Plaintiff,
BERNZOTT CAPITAL ADVISORS CORPORATION d/b/a BERNZOTT CAPITAL ADVISORS, a California corporation, and KEVIN BERNZOTT, an individual, Defendants,
James N. Thomaidis Olayinka L. Hamza Gersh & Thomaidis, LLC Attorneys for Plaintiff
Andrea Glinka Przybysz, No. 43296 Tucker Ellis, LLP Metropoint 1, Suite Glenn J. Dickinson Light GablerJLLP Attorneys for Defen dants/Counter-plaintiff
STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER
RICHARD P. MATSCH JUDGE
Plaintiff, Schmetter & Associates, LLC, and Defendants, Bernzott Capital Advisors Corporation and Kevin Bernzott (collectively, the "Parties") stipulate and move the Court for a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the treatment of Confidential Information (as hereinafter defined), and, as grounds therefore, state as follows:
1. In this action, the Parties are seeking and/or will likely seek Confidential Information (as defined in paragraph 2 below). The Parties anticipate seeking additional Confidential Information during discovery and that there will be questioning concerning Confidential Information in the course of depositions. The Parties also anticipate that certain of their confidential business and other records, as well as those of non-parties, may be produced in discovery in the above-captioned action and that such confidential records must be protected from further disclosure. The Parties assert that the disclosure of that information outside the scope of this litigation could result in significant injury to one or more of the Parties' business or privacy interests. To expedite the flow of discovery material and the litigation of this case, facilitate the prompt resolution of disputes over confidentiality, and adequately protect material entitled to be kept confidential, it is, by agreement of the Parties, to stipulate to the entry of this Protective Order for the purpose of preventing the disclosure and use of Confidential Information except as set forth herein.
2. "Confidential Information" means information which, if disclosed, might give an unfair competitive or business advantage to another person or entity, create a substantial risk of injury to the designating Party or non-party, or which constitutes, contains or reflects confidential business, research, development, commercial, trade secret, or other sensitive proprietary information, or financial or personal information.
3. The designation of a document as Confidential Information is a certification by an attorney for the designating party (or a party appearing pro se) that the designating party has reviewed the information and believes, in good faith, that the document contains Confidential Information as defined in this Protective Order.
4. As used in this Protective Order, "document" and "electronically stored information" shall mean and refer to any writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations-stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding Party into a reasonably usable form.
5. Where Confidential Information is produced, provided, or otherwise disclosed by a Party in response to any discovery request, it will be designated in the following manner:
a. By imprinting the word "Confidential" on each page of any document produced;
b. For Information produced in some form other than Documents, and for any other
tangible items, including, without limitation, compact discs or DVDs, the Designating Party must affix in a prominent place on the exterior of the container or containers in which the information or item is stored the legend "Confidential";
c. By imprinting the word "Confidential" next to or above any response to a discovery request; and
d. With respect to transcribed testimony, by giving written notice to opposing counsel designating the portions as "Confidential" no later than ten (10) calendar days after receipt of the transcribed testimony.
6. All Confidential Information provided by a Party in response to a discovery request or transcribed testimony shall be ...