United States District Court, D. Colorado
DAVID J. WOLF, an individual; and WOLF AUTO CENTER STERLING LLC, a Colorado limited liability company, Plaintiffs,
MICHAEL SCHADEGG, an individual; SHAWN COCHRAN, an individual; JOHN DOES 1 through 3; and XYZ CORPORATION, Defendants.
STIPULATED PROTECTIVE ORDER
The Court, upon joint motion of Plaintiffs David J. Wolf and Wolf Auto Center Sterling LLC ("Wolf Auto"), and Defendants Michael Schadegg and Shawn Cochran (together, the "Parties" and individually, a "Party"), for entry of a Protective Order pursuant to Fed.R.Civ.P. 26(c) concerning the treatment of Confidential Information (as hereinafter defined) DOES ORDER:
1. Entry of this Protective Order is proper to protect against the use or disclosure of Confidential Information outside the scope of this litigation which could result in significant injury to business or privacy interests of one or more of the Parties or of non-parties.
2. "Confidential Information" means any document, file, portions of files, transcribed testimony, or response to a discovery request, including any extract, abstract, chart, summary, note, or copy made therefrom - not made available to the public - and designated by one of the Parties in the manner provided in paragraph 3 below as containing confidential personnel information, confidential financial information, competitively sensitive information, information subject to confidentiality obligations owed to third parties, or other confidential information. Any information designated by a Party as confidential must first be reviewed by a lawyer whose designation of the information as confidential shall constitute the lawyer's certification that the designation is based on a good faith belief that the information is confidential or otherwise entitled to protection under Fed.R.Civ.P. 26(c).
3. Where documents including Confidential Information are produced, provided or otherwise disclosed by a Party in response to any discovery request, they shall be designated in the following manner:
a. By imprinting the word "Confidential" or "Confidential-Attorneys' Eyes Only" on each page of the document produced or if the Confidential Information is not in a format that can be easily designated "Confidential" or "Confidential - Attorneys' Eyes Only, " the electronic file shall use the word "Confidential" or "Confidential - Attorneys' Eyes Only" in the file name.
b. By imprinting the word "Confidential" or "Confidential - Attorneys' Eyes Only" next to or above any response to a discovery request. Prior to designating any material as "Confidential - Attorneys' Eyes Only, " the producing Party will make a bona fide determination that the material is, in fact, of a confidential, proprietary or trade secret nature.
c. With respect to transcribed testimony by deposition or otherwise, by giving written notice to opposing counsel designating such portions as "Confidential" or "Confidential - Attorneys' Eyes Only" no later than ten (10) calendar days after receipt of the ' transcribed testimony, or by placing an appropriate statement on the record during a deposition, provided, however, that witness testimony specifically relating to any Confidential financial record shall be deemed confidential, provided that such financial record continues to be Confidential Information pursuant to this Protective Order.
d. Any document produced by a third party may be designated as Confidential Information by the Party claiming a protected interest in the Confidential Information by sending a written notification to the counsel for the receiving Party identifying the document containing such Confidential Information with particularity within ten (10) calendar days after the production of such document to the receiving Party.
4. All Confidential Information provided by a Party in response to a discovery request or transcribed testimony shall be subject to the following restrictions:
a. It shall be used only for the purpose of this litigation and not for any business or other purpose whatsoever.
b. It shall not be communicated or disclosed by any Party's counsel or a Party in any manner, either directly or indirectly to anyone other than as authorized in paragraphs 5 and 6, except for purposes of this case and unless an agreement in the form of Exhibit A has been signed.
5. Individuals authorized to review Confidential Information designated as "Confidential" pursuant to this Protective Order shall include: (1) counsel for the Parties and staff employed by counsel and assisting with the litigation; (2) named Parties, and representatives of a corporate Party assisting with the litigation; (3) the Court and Court personnel as allowed or directed by the Court; (4) any mediator or settlement judge that may be in retained by the Parties; (5) expert witnesses or consultants retained by the Parties; (6) witnesses to whom Confidential Information is disclosed for purposes of testimony at deposition or trial or preparation for such testimony; and (7) stenographic reporters engaged for depositions or proceedings necessary to this action and employees of outside copy services used to make copies of protected documents. All such qualified recipients shall hold Confidential Information in confidence and shall not divulge the Confidential Information, either verbally or in writing, to any other person, entity or government agency unless authorized to do so by court order.
6. Confidential Information designated as "Confidential - Attorneys' Eyes Only" may not be disclosed to any person other than (1) counsel for the Parties and staff employed by counsel and assisting with the litigation; (2) the Court and Court personnel as allowed or directed by the Court; (3) any mediator or settlement judge that may be retained by the Parties; (4) expert witnesses or consultants retained by the Parties; (5) by prior agreement of the Parties or by order -of the Court, witnesses for the purposes of testimony at deposition or trial or for preparation for deposition or trial; and (6) stenographic reporters engaged for depositions or proceedings necessary to this action and employees of outside copy services used to make copies of protected documents.
7. No attorney may disclose, discuss, disseminate or in any way divulge any Confidential Information contained in, gleaned from or otherwise obtained from or by reference to documents designated as "Confidential - Attorneys' Eyes Only" with the Parties or anyone else not entitled to see such documents pursuant to paragraph 6 of this order. To the extent that counsel seeks to disclose documents designated as "Confidential - Attorneys' Eyes Only" to anyone not referenced in paragraph 6 of this Order, counsel will confer to determine whether an agreement can be reached regarding such desired disclosure. ...