United States District Court, D. Colorado
ESTES PARK TAFFY COMPANY, LLC, a Colorado limited liability company; BENJAMIN HOLCOMB; and BRET HOLCOMB. Plaintiffs,
THE ORIGINAL TAFFY SHOP, INC., a Colorado corporation Defendant.
Attorneys for Plaintiffs Kay L. Collins, Walter A. Winslow, COAN, PAYTON & PAYNE, LLC.
Attorneys for Defendant John D. Root, Lind Ottenhoff & Root, LLP.
STIPULATED PROTECTIVE ORDER
CRAIG B. SHAFFER, UNITED STATES MAGISTRATE JUDGE.
Discovery in this case will involve the production of information that the producing parties or persons claim to be confidential, proprietary, commercially sensitive, and/or a trade secret. Under Rule 26(c) of the Federal Rules of Civil Procedure, the parties stipulate to this protective order for the purposes of governing the handling of such information in this case, to expedite discovery and disclosure of such information without frequently resorting to determinations of discoverability by the court and to protect that information from improper or premature disclosure:
As used in this Stipulated Protective Order, the following terms shall have the following meanings:
1.1. “Confidential”: A party may designate as “Confidential” those materials which that party in good faith believes constitutes or contains confidential, proprietary, commercially sensitive and/or trade secret information, which information is not generally known and which that party would normally not reveal to third parties or, if disclosed, would require such third parties to maintain in confidence.
1.2. “Highly Confidential -Counsel Eyes Only”: A party may designate as “Highly Confidential -Counsel Eyes Only” any confidential, proprietary, commercially sensitive and/or trade secret information which that party in good faith believes is so highly sensitive that the protections afforded to Confidential information are not sufficient. This designation shall be reserved for information that constitutes, reflects, or concerns particularly sensitive proprietary, technical, financial, marketing, or other business information, trade secrets or know-how.
1.3. “Counsel”: “Counsel” means the following named counsel, the lawyers of Coan, Payton & Payne, LLC, counsel for Plaintiffs and Lind Ottenhoff & Root, LLP and C.R. Miles, PC, counsel for Defendant. The term “Counsel” shall include other attorneys in their respective firms, secretaries, legal assistants, clerks, and employees of Counsel. “Plaintiff” or “Plaintiffs” means Estes Park Taffy Company, LLC, a Colorado limited liability company, Benjamin Holcomb, and Bret Holcomb, and each of their current and former shareholders, employees, contractors, officers, directors, or agents.
1.4. “Defendant” means The Original Taffy Shop, Inc., a Colorado corporation, and its current and former shareholders, employees, contractors, officers, directors, or agents.
1.5. “Parties” For the purpose of this Protective Order, the term “Parties” means Plaintiffs and Defendant, and “Party” means Plaintiffs (and each Plaintiff) or Defendant as the case may be.
1.6. “Person” The term “Person” includes natural persons, as well as partnerships, limited partnerships, limited liability partnerships, companies, limited liability companies, associations, league, corporations, governments (including all instrumentalities, offices, agents, subdivisions, thereof), trusts funds, and all other business legal or artificial entities and business associations, and their current or former shareholders, members, partners, executives, employees, and agents.
2.0. DESIGNATION OF PROTECTED MATERIAL
2.1. Designation of Confidential Information. Each page of any document or transcript of oral testimony produced or given in this action that is asserted by the producing party or stipulating third party to contain or constitute Confidential information shall be so designated in writing by such producing party or stipulating third party. Each such document or transcript of testimony shall be clearly and prominently marked on its face with the legend “CONFIDENTIAL”. If necessary to avoid confusion, a letter or letters identifying the producing party or stipulating third party or other comparable notice shall be included on the document or transcript of testimony. If the receiving party wishes to show non-confidential portions of a document or transcript ...