United States District Court, D. Colorado
ABC MEDICAL HOLDINGS, INC. and ABC HOME MEDICAL SUPPLY, INC. Plaintiffs,
HOME MEDICAL SUPPLIES, INC. and RICKMODDERMAN Defendants.
Lisa Hogan, Martine T. Wells Brownstein Hyatt Farber Schreck, LLP, Precious M. Gittens, Kelly A. Carroll Hooper, Lundy & Bookman, P.C. Attorneys for Plaintiffs ABC Medical Holding, Inc. and ABC Home Medical Supply, Inc.
David O. Hansen Kumpf, Charsley & Hansen, LLC, Scott T. Kannady Brown & Kannady, LLC, Michael C. Whitticar NOVA IP Law, PLLC Attorneys for Defendant Home Medical Supplies, Inc.
Rick Modderman Pro Se Defendant
STIPULATED PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION
Hon. Kristen L. Mix United States Magistrate Judge
Upon request of the parties for the entry of a protective order to protect the discovery and dissemination of confidential information or information which will improperly annoy, embarrass, or oppress any party, witness, or person providing discovery in this case, IT IS HEREBY ORDERED:
1. This Protective Order shall apply 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 the disclosure or discovery duties created by the Federal Rules of Civil Procedure and designated and marked as "CONFIDENTIAL" pursuant to the terms of this Protective Order.
2. As used in this Protective Order, the term "document" shall include, without limitation, regardless of how it is generated, stored, or maintained, any electronic or hard copy emails, writings, drawings, graphs, charts, photographs, phone records, and other data compilations from which information can be obtained. See Fed. R. Civ. P. 34(a). A draft or non-identical copy is a separate document within the meaning of this term.
3. Information designated "CONFIDENTIAL" shall be information (regardless of how it is generated, stored, or maintained) that is confidential and implicates common law or statutory privacy interests ABC Medical Holdings, Inc.; ABC Home Medical Supply, Inc.; Home Medical Supplies, Inc.; and Rick Modderman (collectively "the Parties"), as well as the Parties' and the Parties' subsidiaries and affiliates' current or former employees, representatives, or agents, including but not limited to: confidential research, development, or commercial information including customer, supplier and distributor information, sales, profits, and profit margins; corporate strategy; pricing or cost data, sales, and/or profits data; information regarding customers, distributors, and/or suppliers; information regarding currently pending competitive projects being pursued by a party which have not been subject to any disclosure beyond that party and which are maintained in secrecy; personnel information concerning non-party current and former employees of the Parties; information concerning the Parties' and non-party private personal matters not generally known to the public, such as, but not limited to, tax returns, social security numbers; information containing industry or the Parties' trade secret information; the Parties' proprietary or non-public business information, including the Parties' business contracts; information relating to the Parties' confidential, internal investigations; information relating to the Parties' business and operational strategies, plans and corporate structure, economic and market analyses, marketing strategies, financial projections and cost information treated or considered by the Parties', by policy or practice, to be confidential or proprietary; and "Confidential Health/Identifying Material." "Confidential Health/Identifying Material" shall mean information (regardless of how generated, stored, or maintained) or tangible things that relate to or describe information supplied in any form, or any portion thereof, that identifies an individual in any manner and relates to the past, present, or future care, services, or supplies relating to the physical or mental health or condition of such individual, the provision of health care to such individual, or the past, present, or future payment for the provision of health care to such individual. Confidential Health/Identifying Material includes, but is not limited to, medical bills, claims forms, charge sheets, medical records, medical charts, test results, notes, dictation, invoices, itemized billing statements, remittance advice forms, explanations of benefits, checks, notices, supply order forms, and requests for information or documentation related to a customer or potential customer, as well as any summaries or compilations of the information contained in these documents, to the extent that such summaries or compilations themselves include Confidential Health/Identifying Material. Confidential Health/Identifying Material is intended to encompass all documents or information regarding individuals subject to the Standards for Privacy of Individually Identifiable Health Information, 45 CFR parts 160 and 164, promulgated pursuant to the Health Insurance Portability and Accountability Act, or other similar statutory or regulatory privacy protections. CONFIDENTIAL information shall not be disclosed or used for any purpose except in the preparation and trial of this case (including any appeal) in accordance with this Protective Order.
4. CONFIDENTIAL documents, materials, and/or information (collectively "CONFIDENTIAL information") shall not, without the consent of the party producing it and the consent of the party claiming confidentiality (if that party is different from the producing party) or further Order of the Court, be disclosed or made available in any way to any person other than:
(a) attorneys actively working on this case;
(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) the parties, including designated representatives for each;
(d) expert witnesses and consultants retained in connection with this proceeding, to the extent such disclosure is necessary for depositions, preparation, ...