United States District Court, D. Colorado
RAPID FUNDING, LLC, a Colorado limited liability company Plaintiff,
PLATINUM RAPID FUNDING GROUP, LTD., a New York Corporation Defendant.
STIPULATION AND ORDER RESPECTING CONFIDENTIALITY OF DISCOVERY MATERIALS
Plaintiff Rapid Funding, LLC, and Defendant Platinum Rapid Funding Group, LTD, through counsel and pursuant to the provisions of Rule 26 of the Federal Rules of Civil Procedure, and acknowledging that each party has sought, or may seek through discovery, information and/or documents that are or may be considered confidential by the opposing party, hereby stipulate and agree for purposes of the above-captioned litigation, subject to the approval of the Court, as follows:
This Stipulation and Order governs the use of all produced documents, responses to interrogatories and requests for admissions, deposition testimony and transcripts, and any other information, documents, objects or things which have been or will be produced or received by any party or third-party witness during pre-trial proceedings in this action pursuant to the Federal Rules of Civil Procedure, as well as any and all copies, abstracts, digests, notes, and summaries thereof. These materials are collectively referred to herein as “Discovery Materials.”
Any Discovery Materials produced by any party or third-party witness that are deemed in good faith to contain trade secrets or other confidential research, development, or commercial information, as those terms are defined and used under the Federal Rules of Civil Procedure and other applicable authorities, may be designated “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY’S EYES ONLY, ” as the case may be, in the manner set forth below. The parties and their counsel will attempt in good faith to limit use of the “CONFIDENTIAL - ATTORNEY’S EYES ONLY” designation to situations in which there is a firm belief that such information is of a highly sensitive competitive nature. All such materials designated as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY’S EYES ONLY” are hereafter referred to collectively as “Confidential Materials.”
Each party’s counsel of record may have access to, inspect and copy Confidential Materials sought through legitimate discovery means, and no documents shall be withheld from production, nor shall any information be withheld in answer to any interrogatories or deposition questions, on the grounds that said information, documents or answers are or may be considered confidential by the producing party, provided that the parties and their counsel shall adhere strictly to the provisions of this Stipulation and Order. Nothing in this Stipulation and Order shall preclude withholding of documents or information on any other appropriate ground, however, including without limitation that the materials or information requested are protected by privilege.
4. MANNER OF DESIGNATION.
A. PAPER DOCUMENTS.
A party producing paper documents considered to constitute Confidential Materials shall cause the front page of each such document to be stamped or labeled “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY’S EYES ONLY, ” as the case may be. The requesting party shall treat such documents as Confidential Materials pursuant to the terms set forth below.
B. ELECTRONIC DOCUMENTS.
A party producing documents in any electronic medium considered to constitute Confidential Materials shall cause the CD-ROM, DVD-ROM, USB, Cloud Data, or other physical storage medium upon which the documents are stored to be stamped or labeled “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY’S EYES ONLY, ” as the case may be. The requesting party shall treat such documents as Confidential Materials pursuant to the terms set forth below.
C. DEPOSITION TESTIMONY.
If at any deposition a witness is asked for information considered confidential by one of the parties or by the witness if the witness is not a party, counsel for said party or witness may indicate that the information sought from the witness is designated “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY’S EYES ONLY, ” as the case may be, and the reporter transcribing the proceeding shall be instructed to so designate that portion of the record. In the event Confidential Materials are utilized or disseminated at a deposition, any attendee at said deposition must be qualified under this Stipulation and Order to review Confidential Materials. The Parties expressly agree that all persons not so qualified shall be excluded from the deposition. All portions of any deposition transcript designated “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY’S EYES ONLY, ” and the information contained therein, shall be treated by the parties as provided below. In addition, the party or witness may, by letter to all counsel of record, designate any portion of the deposition testimony as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEY’S EYES ONLY” at any time up to thirty days ...