United States District Court, D. Colorado
Paul Maxon The Law Office of Paul Maxon Attorney for Plaintiff John Hayes
Vance O. Knapp Sherman & Howard L.L.C. Attorneys for Defendant SkyWest Airlines, Inc.
[PROPOSED] STIPULATED PROTECTIVE ORDER
Nina Y. Wang United States Magistrate Judge
Pursuant to Fed.R.Civ.P. 26(c), upon a showing of good cause in support of the entry of Stipulated Protective Order to protect the discovery and dissemination of trade secrets or other confidential research, development, personnel or commercial information and information that will improperly annoy, embarrass, or oppress any party, witness, or person in this case, IT IS ORDERED:
1. This Stipulated Protective Order shall apply to all documents, materials and information, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition and other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure.
2. As used in this Stipulated Protective Order, “document” is defined as provided in Fed.R.Civ.P. 34(a)(1)(A). A draft or non-identical copy is a separate document within the meaning of this term.
3. Information designated “Confidential” shall be information that implicates common law and/or statutory privacy interests. Confidential Information may also include private financial, employment, or medical information of Plaintiff John Hayes (“Plaintiff”), or confidential and proprietary business information about Defendant SkyWest Airlines, Inc. (“Defendant”), and Confidential Information about Defendant’s employees, contained in medical records, employee personnel files, and/or portions of documents that contain information generally considered to be confidential such as social security numbers, dates of birth, and other personal identifying information.
4. The parties recognize that Confidential Information may include, but is not limited to, sensitive and non-public information and records concerning compensation, Defendant’s employees’ duties and performance, Defendant’s employees’ discipline and promotions, personnel decisions, and other documents related to the Defendant’s employees and Plaintiff’s employment with Defendant.
5. Designation of information as Confidential shall not affect its discoverability.
6. As a condition of designating documents for confidential treatment, the documents must be reviewed by a party’s legal counsel and a good faith determination must be made that the documents are entitled to protection.
7. A party designating documents as Confidential Information may do so by marking such material with the legend Confidential.
8. A party may object to the designation of particular Confidential Information by giving written notice to the party that designated the disputed information and all other parties to the civil action through their attorneys of record. The written notice shall identify the information to which the objection is made. If the parties cannot resolve the objection within ten (10) business days after the time the notice is received, it shall be the obligation of the party designating the information as Confidential to file an appropriate motion requesting that the Court determine whether the disputed information shall be treated as confidential under the terms of this Stipulated Protective Order. All disputed information shall be treated as Confidential until the Court rules on the motion. If the designating party fails to file such a motion within the prescribed time, the disputed information shall lose its designation as Confidential and shall not thereafter be treated as Confidential in accordance with this Stipulated Protective Order. In connection with a motion filed under this provision, the party designating the information as Confidential Information shall bear the burden of establishing that good cause exists for the disputed information to be treated as Confidential Information. Any designation of Confidentiality or challenge of a designation of Confidentiality shall be governed by Fed.R.Civ.P. 26(c)(1).
9. Whenever a deposition involves the disclosure of Confidential Information, the deposition or portions thereof shall be designated as Confidential and shall be subject to the provisions of this Protective Order. Such designation shall be made on the record during the deposition whenever possible, but a party may designate portions of depositions as Confidential after transcription, provided written notice is promptly given to all counsel of record within thirty (30) days after notice by the court reporter of the completion of the transcript.
10. Confidential documents, materials, and information (collectively, the “Confidential Information”) shall not be disclosed or used for any purpose ...