United States District Court, D. Colorado
[PROPOSED] PROTECTIVE ORDER
NINA Y. WANG, Magistrate Judge.
The Court recognizes that the Parties represent that at least some of the documents and information being sought through discovery in the above-captioned action (the "Proceeding") are normally kept confidential by the Parties. Therefore, pursuant to Federal Rule of Civil Procedure 26(c)(1), discovery in the Proceeding shall be governed by this Protective Order ("Order"), to which the Parties have agreed to be bound.
The terms of the Order are as follows:
1. Party: Any entity that is a party to this action, including all of its officers, directors, and employees.
2. Material(s): All information, documents and any other things produced, served, or otherwise provided or made available in this action (including, among other things, testimony, transcripts, or tangible items) by the Parties or by nonparties.
3. "CONFIDENTIAL" Material(s): All information, documents, and any other things the Designating Party believes in good faith are not generally known to others, and that the Designating Party (i) would not normally reveal to third parties except in confidence or has undertaken with others to maintain in confidence, or (ii) believes in good faith are protected by a right to privacy under federal or state law or any other applicable privilege or right related to confidentiality or privacy.
4. "ATTORNEYS' EYES ONLY" Material(s): Information, documents, and any other things that are highly proprietary and/or competitively sensitive, and for which the risk of improper use arising from disclosure outweighs the rights of the Receiving Party to freely review. This designation is reserved for Materials that constitutes proprietary financial or technical or commercially sensitive information that the Producing Party maintains as highly confidential in its business, including information obtained from a nonparty pursuant to a current Non-Disclosure Agreement ("NDA"), proprietary information relating to future products or strategic plans, non-public financial data, and documents that would reveal trade secrets, and settlement agreements or settlement communications that are designated as "confidential, " the disclosure of which is likely to cause harm to the competitive position of the Producing Party.
5. Producing Party: A Party or nonparty that produces Material in this action.
6. Receiving Party: A Party that receives Material from a Producing Party.
7. Designated Material: Material that is designated "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" pursuant to this Order.
8. Designating Party: A Party or non-party that designates Material as "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY."
9. Counsel of Record: (i) Outside counsel who have filed an appearance in this action on behalf of one or more Parties; (ii) partners, associates, and employees of such counsel to whom it is reasonably necessary to disclose information for this Proceeding, including supporting personnel employed by the attorneys, such as paralegals, legal translators, legal secretaries, legal clerks, and shorthand reporters; and (iii) independent legal translators retained to translate in connection with this action, or independent shorthand reporters retained to record and transcribe testimony in connection with this action.
10. Outside Consultant: A person with specialized knowledge or experience in a matter pertinent to this Proceeding who has been retained by a Party or Counsel of Record to serve as a testifying or non-testifying expert witness or as a consultant in this Proceeding and who is not a current employee of a Party or of a competitor of any Party that opposes the expert or consultant, and who, at the time of retention, is not anticipated to become an employee of a Party or of a competitor of an opposing Party.
11. Professional Vendors: Persons or entities that provide litigation-support services ( e.g., photocopying; videotaping; translating; designing and preparing exhibits, graphics, or demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their employees and subcontractors. This definition includes a professional jury or trial consultant retained in connection with this Proceeding and mock jurors retained by such a consultant to assist them in their work. Professional Vendors do not include consultants who fall within the definition of Outside Consultant.
12. The protections conferred by this Order cover not only Designated Material (as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, regardless of the manner organized, characterized, or disclosed. Nothing herein shall alter or change in any way the discovery provisions of the Federal Rules of Civil Procedure, the Local Rules of Practice for the United States District Court for the District of Colorado ("D.C. COLO.LCivR"), or the Court's deadlines provided in any scheduling or other order. Identification of any individual pursuant to this Protective Order does not make that individual available for deposition or any other form of discovery outside of the restrictions and procedures of the Federal Rules of Civil Procedure, the Local Rules of Practice for the United States District Court for the District of Colorado ("D.C.COLO.LCivR"), and/or any relevant scheduling or other order issued by the Court.
C. Access to Designated Material
13. CONFIDENTIAL Material: Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any information, document, or thing designated "CONFIDENTIAL" only to:
(a) Counsel of Record;
(b) Party officers or employees to whom disclosure is reasonably necessary for the management, supervision, or oversight of this Proceeding (and supporting personnel), provided that the named individual to whom Designated Material is disclosed has signed the "Acknowledgment and Agreement to Be Bound by Protective Order" attached hereto as Exhibit A (hereinafter, the "Acknowledgment");
(c) Persons who appear on the face of Designated Material as authors, addressees, or recipients thereof;
(d) Subject to the notice and objection procedures of Paragraphs 17 and 18 below, Outside Consultants of the Receiving Party to whom disclosure is reasonably necessary for this Proceeding and who have signed the Acknowledgment;
(e) Witnesses at deposition and/or trial, pursuant to the provisions of Paragraphs 21 and 22, below, provided that such witnesses may not retain copies of Designated Material unless permitted by other provisions of this Order;
(f) The Court and its personnel;
(g) Any designated arbitrator, mediator, or special master who is assigned to hear this matter (or any part thereof), and his or her staff, who have signed the Acknowledgment;
(h) Court reporters;
(i) Professional Vendors to which disclosure is reasonably necessary for this Proceeding and a representative of which has signed the Acknowledgment; and
(j) Any other person to whom the Parties must first agree.
14. ATTORNEYS' EYES ONLY Material: Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any information, documents, or things designated "ATTORNEYS' EYES ONLY" Material only to the following persons and under the following conditions:
(a) Counsel of Record and one designated in-house attorney that does not have a position at the Party other than as an attorney or one ...