United States District Court, D. Colorado
Robert R. Brunelli SHERIDAN ROSS P.C. Attorney for Plaintiff
Eric J. Menhart, Esq. Lexero Law Attorney for Defendants
STIPULATED PROTECTIVE ORDER
Upon a showing of good cause in support of the entry of a protective order to protect the discovery and dissemination of information which will damage, improperly annoy, embarrass, or oppress any party, witness, or person providing discovery in this case, IT IS HEREBY ORDERED:
1. This Protective Order (the "Order") shall apply to all parties to this litigation (the "Party" or, collectively, the "Parties") and to all documents, materials, and information, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other information disclosed pursuant to disclosure or discovery duties created by the Federal Rules of Civil Procedure (collectively "Information").
2. In connection with discovery in the above-captioned action (the "Action"), a Party producing Information may designate it as "Confidential" under this Order if such Party and its counsel in good faith believe that it is, includes, or constitutes information which the producing Party has a good faith basis for contending is a non-public trade secret, customer or business information, or confidential technical, scientific, commercial, business, or financial information, or future business or marketing plans or strategy.
3. In connection with discovery in the Action, a Party producing Information may designate it "Confidential - Attorneys' Eyes Only" under this Order if such Party and its counsel in good faith believe that it is, includes, or constitutes extremely sensitive information which the producing Party has a good faith basis for contending that the disclosure of such to another Party or non-party would create a substantial risk of serious harm that could not be avoided by less restrictive means.
4. Information designated "Confidential" shall not, without the consent of the Party producing it or by further Order of the Court, be disclosed except that such information may be disclosed to:
a. outside counsel of record in this Action for the Parties;
b. persons regularly employed or associated with the attorneys actively working on the case whose assistance is required by said attorneys in the preparation for trial, at trial, or at other proceedings in this case;
c. one (1) in-house counsel for each of the Parties who either have responsibility for making decisions dealing directly with the litigation of this Action, or who are assisting outside counsel in the litigation of this Action. The in-house counsel must be identified to the producing Party pursuant to paragraph 6 before confidential documents are disclosed by the receiving Party to said counsel;
d. up to and including two (2) designated representatives of each of the Parties to the extent reasonably necessary for the litigation of this Action. The two designated representatives must be identified to the producing Party pursuant to paragraph 6 before confidential documents are disclosed by the receiving Party to said counsel;
e. expert witnesses and consultants retained in connection with this proceeding, to the extent such disclosure is necessary for preparation, trial or other proceedings in this case. Expert witnesses must be identified to the producing Party pursuant to paragraph 6 before confidential documents are disclosed by the receiving Party to said counsel;
f. the Court and its employees ("Court Personnel");
g. stenographic reporters who are engaged in proceedings necessarily incident to the ...