United States District Court, D. Colorado
Kathleen M. Hamm, Plaintiff,
HOME DEPOT USA, INC., d/b/a/ THE HOME DEPOT and THD AT-HOME SERVICES, INC., d/b/a/ THE HOME DEPOT AT HOME SERVICES, Defendants.
STIPULATED PROTECTIVE ORDER (DOCKET NO. 26-1)
This matter comes before the Court on the parties' Stipulated Motion for Entry of Protective Order. The Court has reviewed that Motion. This action will involve the exchange of Confidential Information as defined in paragraph 6, which will consist of non-public, Confidential Information that must be exchanged under the protections of this Court to preserve the non-public, confidential nature of the information. To adequately protect the discovery and dissemination of Confidential Information, expedite the flow of discovery, and facilitate the prompt resolution of disputes over confidentiality, it is HEREBY ORDERED that:
1. This Protective Order shall apply to all documents, materials and information that come within its scope as defined in paragraph 6 below, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and all other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure.
2. For purposes of this Order, "Document" is defined as provided in Fed.R.Civ.P. 34(a). A draft or non-identical copy is a separate document within the meaning of this term.
3. For purposes of this Order, "Producing Party" means a party that produces Confidential Information or other information in connection with this litigation.
4. For purposes of this Order, "Recipient" means a named party in this litigation (or counsel thereto and their agents) who receives Confidential Information or other information in connection with the litigation.
5. Documents or information produced or provided by the parties during the course of discovery in the above matter may be designated as "Confidential" or "Confidential Information for Attorneys' Eyes Only" in accordance with paragraphs 6 and 8 below by the Producing Party so long as the party who seeks confidentiality has a good faith belief that such document or information is entitled to confidentiality under the terms of this Order as defined in paragraph 6.
6. For purposes of this Order, "Confidential Information" means information that is defined in Colorado common law and statutory privacy and/or confidentiality interests such as (a) personnel or personal information of employees or former employees of THD At-Home Services, Inc., d/b/a The Home Depot At Home Services ("THD"), including Plaintiff, (b) trade secrets, proprietary information, commercial or financial information or business confidential documents that are maintained confidential in the ordinary course of business for any party or subsidiary or affiliate of any party, (c) medical records, (d) tax returns, or (e) any aggregation of the above categories of information. The Order shall only apply to Confidential Information as defined in this paragraph. The Order shall not apply to public information or information that has not been previously kept in a confidential manner. The identification of an individual document or category of documents or information as Confidential Information may be challenged pursuant to paragraph 11 of this Order. Confidential Information shall not be disclosed or used for any purpose except for the preparation and trial of this case.
7. Before any information is designated as "Confidential Information, " counsel of record for the Producing Party must first review the information and make a determination, in good faith, that the documents and/or information are confidential or otherwise entitled to protection under Fed.R.Civ.P. 26(c). However, all medical, tax and employment records of Plaintiff shall be deemed confidential even if they are obtained directly by Defendant through authorization by Plaintiff and even if not stamped beforehand as confidential by Plaintiff.
8. The Producing Party may designate Confidential Information as being "Confidential Information for Attorneys' Eyes only" or a reasonable equivalent. This designation shall be deemed to include a separate designation of information as Confidential Information, and such Confidential Information shall be limited to counsel or record in this action and employees of counsel in this action who have been actively engaged in the conduct of this litigation.
9. To designate Confidential Information on Documents, the Producing Party shall place a legend or stamp upon the Document indicating such in a way that brings the designation to the attention of a reasonable examiner, or otherwise puts the Recipient on reasonable notice that it contains Confidential Information, which notice may also be contained in separate correspondence within ten (10) days after production. To designate Confidential Information in testimony (or in exhibits referred to therein), the Producing Party shall (a) make an oral statement to that effect on the record, or (b) notify the Recipient in writing at any time up until twenty (20) days after receipt of the transcript. Pending expiration of this twenty (20) day period, the Recipient shall treat all such testimony (and exhibits referred to therein) as if they had been designated as "Confidential Information." To designate Confidential Information that is stored or recorded in the form of electronic or magnetic media (including information, files, e-mails, databases, or programs stored on any digital or analog machine-readable device, computers, discs, networks or tapes), the Producing Party shall affix a label on the media or casing indicating such in a way that brings the designation to a reasonable examiner or, where not practical, include a cover letter referring generally to such media.
10. The Recipient of Confidential Information shall use that information solely in connection with this litigation and shall not disclose Confidential Information, except that such information may be disclosed to:
a) counsel of record in this action and employees and independent contractors of counsel in this action who have been actively engaged in the conduct of this litigation;
b) the parties, including the designated representatives ...