United States District Court, D. Colorado
BERNHARD ENGL, individually and on behalf of all others similarly situated, Plaintiff,
NATURAL GROCERS BY VITAMIN COTTAGE, INC., a Delaware corporation, and VITAMIN COTTAGE NATURAL FOOD MARKETS, INC., a Colorado corporation, Defendants.
Siprut PC, Joseph J. Siprut John S. Marrese, Michael Obernesser, Abington Cole Ellery Cornelius P. Dukelow Attorneys For Plaintiff
Holland & Hart LLP Romaine Marshall Engels Tejeda, Wilson Elser Moskowitz Edelman & Dicker LLP Melissa K. Ventrone
[PROPOSED] STIPULATED PROTECTIVE ORDER
HON. NINA Y. WANG UNITED STATES MAGISTRATE JUDGE
The parties to this Stipulated Protective Order (the "Order") have agreed to the terms of this Order; accordingly, it is ORDERED:
1. Scope. All materials produced or adduced in the course of discovery, including but not limited to, initial disclosures, responses to discovery requests, responses to subpoenas, deposition testimony and exhibits, and information derived directly therefrom (hereinafter collectively "documents"), shall be subject to this Order concerning "Confidential Information" as that term is defined below. This Order is subject to the Local Rules of this District and the Federal Rules of Civil Procedure on matters of procedure and calculation of time periods.
2. Confidential Information. As used in this Order, "Confidential Information" means information designated as "CONFIDENTIAL" by the producing party that such party believes, in good faith after review by counsel of record, falls within one or more of the following categories: (a) information prohibited from disclosure by statute; (b) information that reveals trade secrets (i.e., any formula, pattern, device or compilation of information which is used in one's business, and which gives an opportunity to obtain an advantage over competitors who do not know or use such material); (c) research, technical, commercial or financial information that the party has maintained as confidential; (d) medical information concerning any individual; (e) personal identity information; (f) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms; or (g) personnel or employment records of a person who is not a party to the case. Information or documents that are available to the public may not be designated as Confidential Information.
(a) A party may designate a document as Confidential Information for protection under this Order by placing or affixing the word "CONFIDENTIAL" on the document and on all copies in a manner that will not interfere with the legibility of the document either before or after entry of this Order. As used in this Order, "copies" includes electronic images, duplicates, extracts, summaries or descriptions that contain the Confidential Information. The marking "CONFIDENTIAL" shall be applied prior to or at the time the documents are produced or disclosed. Applying the marking "CONFIDENTIAL" to a document does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order. Any copies that are made of any documents marked "CONFIDENTIAL" shall also be so marked, except that indices, electronic databases or lists of documents that do not contain substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked.
(b) If a party elects to produce for inspection original documents, electronically stored information, or other material that cannot be marked Confidential ("Inspection Material"), the party may designate such Inspection Material under this Order by notifying the recipient(s), in writing, prior to or at the time of inspection. After selection by the inspecting party of specified Inspection Material for copying or other use in this action, the specified Inspection Material shall be designated by placing, if possible, the "CONFIDENTIAL" or substantially similar designation thereon.
(c) The designation of a document as Confidential Information is a certification by an attorney or a party appearing pro se that the document contains Confidential Information as defined in this Order.
4. Depositions. For a period beginning with the deposition date(s) of each individual deposition and ending thirty (30) days after the transcript for each such deposition is received by counsel, the deposition content and the entire deposition transcript shall be treated as Confidential unless otherwise expressly agreed to by the parties in writing. Any party wishing to designate any portion of the deposition transcript as being permanently subject to this Order shall do so either on the record during the deposition or in writing within thirty (30) days of receipt of the transcript. Any party so designating must identify the specific portions to be treated as Confidential either by identifying these portions on the record during the deposition, or by identifying specific lines and pages of the deposition transcript thereafter.
5. Protection of Confidential Material.
(a) General Protections. Confidential Information shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in Subsection (b) of this Section 5 for any purpose whatsoever other than in this litigation, including any appeal thereof.
(b) Limited Third-Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any Confidential Information to any third person or entity except as set forth in Subsection (i)-(ix) of Section 5(b) of this Order. Subject to these requirements, the following categories of persons may be allowed to review Confidential Information:
(i) Counsel. Counsel for the parties and employees of counsel who have responsibility for the action;
(ii) Parties. Individual parties and employees of a party but only to the extent counsel determines in good faith that the employee's assistance is reasonably necessary to the conduct of the ...