United States District Court, D. Colorado
LEVIN ROSENBERG PC Bradley A. Levin, Kerri J. Atencio, Timothy M. Garvey, Attorneys for Jimmy and Lisa Martinez.
LEWIS ROCA ROTHGERBER CHRISTIE LLP Brian J. Spano, Esq., Lyndsay K. Arundel, Esq., Attorneys for Defendant Liberty Insurance Corporation.
STIPULATED PROTECTIVE ORDER
MICHAEL E. HEGARTY, UNITED STATES MAGISTRATE JUDGE.
Plaintiffs Jimmy Martinez and Lisa Martinez (“Plaintiffs”) and Defendant Liberty Insurance Corporation (“Defendant”), by and through their undersigned counsel of record and pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, hereby enter into this Stipulated Protective Order with respect to documents disclosed by Defendant, as follows:
I. Confidential Information.
(a) As used in this Stipulated Protective Order, “CONFIDENTIAL” or “CONFIDENTIAL INFORMATION” shall mean proprietary information, documents, or things that either party (the “Designating Party”) furnishes in the course of this litigation and in good faith designates as CONFIDENTIAL INFORMATION pursuant to Sections 1(b) to (c) below.
(b) A party may designate any proprietary documents produced in response to interrogatories or requests for production of documents as CONFIDENTIAL INFORMATION by stamping the word “CONFIDENTIAL” upon each page of the document, taking care to avoid obscuring any text, before providing it to the opposing party. Information marked CONFIDENTIAL shall not be utilized or disclosed by a receiving party (the “Recipient Party”), its agents, or its employees, except in accordance with the terms of this Stipulated Protective Order.
(c) Inadvertent production of any information, document, transcript, or thing without a designation of CONFIDENTIAL shall not, in and of itself, be deemed a waiver of any party’s claim of confidentiality as to such matter. If any information, document, transcript, or thing claimed to be CONFIDENTIAL is inadvertently produced without that designation, the producing party shall notify the Recipient Party within a reasonable time. All parties shall use their best efforts to protect the confidentiality of that information. Upon receipt of notice that CONFIDENTIAL INFORMATION was produced inadvertently without an appropriate initial designation of confidentiality, the Recipient Party shall thereafter (1) treat such information as CONFIDENTIAL INFORMATION pursuant to the terms of this Stipulated Protective Order, and (2) shall use its best efforts to retrieve such materials or correct the effects of any use or disclosure of such CONFIDENTIAL INFORMATION based upon the earlier mistaken view that such materials were not confidential.
(d) CONFIDENTIAL INFORMATION shall not be disclosed to any persons other than:
(i) the attorneys for the Recipient Party in this litigation and paralegals and clerical staff (whether employees or independent contractors) who are assisting in the litigation;
(ii) officers, directors and/or employees of the Recipient Party who have direct responsibility for assisting such counsel in the preparation and trial of the action;
(iii) court reporters, court officials, and the jury involved in this litigation;
(iv) experts, consultants and investigators and their staff who are retained by a party for purposes relating to this litigation and who have executed a Confidentiality Agreement (attached herewith as Exhibit A) in conformity with this Stipulated Protective Order; and
(v) any other non-party witnesses or deponents who have executed a Confidentiality Agreement in (attached herewith as Exhibit A), conformity with this Stipulated Protective Order, or deponents who agree on the ...