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Spencer v. Capital Safety

United States District Court, D. Colorado

February 5, 2016

RICHARD D. SPENCER, Plaintiff,
v.
CAPITAL SAFETY USA d/b/a DBI-SALA PROTECTA; D B INDUSTRIES, LLC; and JOHN DOES 1-10. Defendants.

PROTECTIVE ORDER

Michael E. Hegarty United States Magistrate Judge.

Pursuant to Federal Rule of Civil Procedure 26(c), it is hereby agreed by and between the parties, and Ordered by the Court, that the following provisions concerning the confidential treatment of documents, answers to interrogatories, responses to requests for production, responses to requests for admission, deposition testimony, and other responses to discovery requests, shall apply in the above-captioned matter.

1. Documents produced by either the Plaintiff or Defendant (individually referred to as a “Party” or collectively as the “Parties”) to this litigation which contain confidential information shall hereafter be referred to as “Protected Documents.” Any document or any information designated as “CONFIDENTIAL” shall only be used, shown, disseminated, or disclosed as provided in this Protective Order.

2. As used in this Protective Order, the term “documents” means all materials as defined in Federal Rule of Civil Procedure 34(a).

3. Prior to designating any material as “CONFIDENTIAL, ” a Party is required to review the material and designate only that information it believes in good faith is confidential or otherwise entitled to protection. Information designated as “CONFIDENTIAL” shall be entitled to the protections afforded by this Protective Order unless the designation is objected to in writing by an opposing Party. A Party may object to the designation of particular “CONFIDENTIAL” information by giving written notice to the party designating the disputed information. The written notice shall identify the information to which the objection is made. If the Parties cannot resolve the objection by mutual agreement within ten (10) business days after the time the written notice is received, it is the obligation of the Party designating the information as “CONFIDENTIAL” to file an appropriate motion requesting that the Court determine whether the disputed information should be subject to the terms of this Protective Order. If such a motion is timely filed, the disputed information shall be treated as “CONFIDENTIAL” under the terms of this Protective Order until the Court rules on the motion. If the designating party fails to file such a motion within the prescribed time, the disputed information shall lose its designation as “CONFIDENTIAL” and shall not thereafter be treated as “CONFIDENTIAL” in accordance with this Protective Order. In connection with a motion filed under this provision, the party designating the information as “CONFIDENTIAL” shall bear the burden of establishing that good cause exists for the disputed information to be treated as “CONFIDENTIAL.”

4. The designation of Protected Documents may be made by marking or placing the notice “CONFIDENTIAL” or substantially similar notice, on the document.

5. Protected Documents and any copies thereof received by a “Qualified Person” as set forth in paragraph 6, below, shall be used only for preparation for the trial of this matter, subject to the limitations set forth herein.

6. Protected Documents shall be disclosed only to “Qualified Persons.” Qualified Persons are limited to:

(a) Counsel of Record for the parties and the parties;
(b) Non-technical and clerical staff employed by Counsel of Record and involved in the preparation and trial of this action;
(c) Experts and non-attorney consultants retained by the parties for the preparation or trial of this case, provided that no disclosure shall be made to any expert or consultant who is employed by a competitor of Defendant;
(d) The Court, the Court’s staff, witnesses and the jury of this case; and,
(e) Stenographic reporters who are engaged in proceedings necessarily incident to the ...

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