United States District Court, D. Colorado
LORRAINE M. RAMOS, et al., Plaintiffs,
BANNER HEALTH, at al., Defendants.
Troy A. Doles Jerome J. Schlichter Michael A. Wolff Troy A. Doles Heather Lea Kurt C. Struckhoff Schlichter Bogard and Denton, LLP Counsel for Plaintiffs
Julie A. Govreau Theodore M. Becker Julie A. Govreau DRINKER BIDDLE & REATH, LLP Counsel for Defendants
Honorable William J. Martinez
STIPULATED PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION
Michael J. Watanabe Magistrate Judge
Upon a showing of good cause in support of the entry of a protective order to protect the discovery and dissemination of confidential information, 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 (collectively, "Discovery Materials") disclosed pursuant to the disclosure or discovery duties created in this Action by the Federal Rules of Civil Procedure.
2. As used in this Protective Order, the term "document" shall mean all documents, electronically stored information, and tangible things within the scope of Fed.R.Civ.P. 26(a)(l)(A)(ii) and 34(a)(1). A draft or non-identical copy is a separate document within the meaning of this term.
3. Discovery Materials containing PROTECTED HEALTH INFORMATION pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPPA"), codified primarily at 18, 26 & 42 U.S.C. (2003), and the Standards for Privacy of Individually Identifiable Health Information, defined in 45 C.F.R. § 160.103 & 164.501 (2003), may include, without limitation, health information, including demographic information, relating to either: the past, present, or future physical or mental condition of an individual; the provision of care to an individual; and the payment for care provided to an individual that identifies the individual or which reasonably could be expected to identify the individual.
4. Each instance of PROTECTED HEALTH INFORMATION will be redacted from documents that are produced to the opposing party with an indication that the redaction was made to protect this information. Counsel shall take all reasonable steps to ensure that PROTECTED HEALTH INFORMATION is not used or disclosed during this litigation.
5. Discovery Materials that the producing party reasonably believes in good faith to include personal information, trade secrets, or sensitive strategic, technical, marketing or financial information that the producing party reasonably fears competitive injury resulting from the public disclosure of such information, may be designated as "CONFIDENTIAL" by the party producing or disclosing the information. Information that is available to the public shall not be designated CONFIDENTIAL.
6. If any party determines during the course of this action that this Order does not sufficiently protect the confidentiality of information produced or disclosed, it may seek to modify this Order with the agreement of the other parties. If such agreement cannot be obtained, any party may seek modification of this Order by motion to the Court.
7. Discovery Materials designated as CONFIDENTIAL 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.
8. Discovery Materials designated as CONFIDENTIAL 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 ...