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Carnival v. Geico Casualty Co.

United States District Court, D. Colorado

February 9, 2016

NICHOLAS CARNIVAL, Plaintiff,
v.
GEICO CASUALTY COMPANY, Defendant.

Ethan A. McQuinn, Esq. Anderson, Hemmat & McQuinn, LLC. Counsel for Plaintiff.

Gregory K. Falls, Esq. Deisch, Marion & Klaus, P.C. Counsel for Defendant.

STIPULATED CONFIDENTIALITY ORDER

MICHAEL E. HEGARTY, UNITED STATES MAGISTRATE JUDGE.

Whereas, this lawsuit may involve the disclosure and/or production of documents and/or information that the Parties believe contain confidential information such as (1) Defendant’s confidential, nonpublic, commercially-sensitive financial, business, or analytical information, or proprietary information and data; (2) trade secret or other confidential research, development or other commercial information of the Defendant under Federal Rule of Civil Procedure 26(c); (3) the confidential, non-public, private health, financial or other information of Defendant’s policyholders, insureds, claimants and/or employees or former employees that may be protected by state and/or federal law or by contract; and/or (4) the confidential, proprietary, commercially-sensitive, and/or trade secret information of a third party.

Whereas, the Parties desire the entry of a confidentiality order to expedite the flow of discovery material, facilitate the prompt resolution of disputes over confidentiality, and protect material required by law or otherwise entitled or required to be kept confidential.

Therefore, based upon the generalized showing of good cause for entry of a confidentiality order, it is hereby, ORDERED that the following provisions shall govern the Parties’ claims of confidentiality in this proceeding:

1. “Confidential” or “Confidential Information” or “Confidential Documents” as used herein, means any information of any type, kind or character which a party reasonably and in good faith believes to be confidential and which is designated as “Confidential” by Plaintiff or Defendant whether it be a document, information contained in a document, information revealed during a deposition, information revealed in a discovery answer or otherwise, which information has not been made available to the public at large and which includes, but is not limited to, (a) Defendant’s confidential, nonpublic, commercially-sensitive financial, business, or analytical information, or proprietary information and data, including but not limited to, information regarding the processes, operations, production, sales, income, profits, losses, savings, internal analysis of any of the aforementioned, training manuals or marketing information, pricing information, insurance rating information, internal forecasts, profit information, marketing strategies and approaches; (b) trade secret or other confidential research, development or other commercial information of the Defendant as described in Federal Rule of Civil Procedure 26(c); (c) the confidential, non-public, private health, financial or other information of Defendant’s policyholders, insureds, claimants and/or employees or former employees that may be protected by state and/or federal law or by contract, or which would not generally be disclosed to the public; and/or (d) information that is the confidential, proprietary, commercially-sensitive, and/or trade secret information of a third party.

2. In the event that materials containing Confidential Information are produced and/or disclosed, all such materials, including documents produced or exchanged in the course of this litigation, pleadings, motions, interrogatory answers, other discovery responses and testimony given in depositions, shall be deemed Confidential Information pursuant to the terms of this Order. Confidential Information shall be used solely for the purposes of this litigation only, and no other litigation or claim, and shall not be revealed, disclosed or made available for inspection or copying to any person except under the terms of this Order as required to be disclosed by the Court.

3. As used in this Order, the “producing party” means any party who either produces Confidential Information or asserts a confidentiality interest in information produced by another in this action. Parties will only label or identify documents or information as Confidential which they, in good faith, believe falls within the definition of Confidential set forth in paragraph 1 above. The opposing party’s failure to challenge the propriety of a designation by the producing party immediately shall not preclude a subsequent challenge by the opposing party. Confidential Documents or parts thereof will be designated by marking each page of the document as “Confidential.” Electronic information may be marked Confidential in a manner consistent with the manner in which the information is maintained.

4. No person other than (a) the parties to this case, (b) counsel of record (which shall be deemed to include other attorneys from the law firm of counsel of record, counsel's legal assistants, and other employees), (c) any person (and his or her counsel) from whom testimony under oath is taken at a deposition, trial or other evidentiary hearing in connection with this case, (d) court personnel and court reporters, (e) consultants or experts retained or consulted by any party in connection with this case and persons working directly under their supervision, (f) any independent contractors retained by a party or their counsel to work on this case, and (g) mediators utilized by the Parties in the litigation of this matter, shall be permitted to have access to any information designated as Confidential under the terms of this Order without the prior written consent of the producing party or its counsel or by order of the court. Prior to disclosing any Confidential Information or Document to any person identified in categories c, e, f and g of this paragraph, counsel shall first require such persons to review a copy of this Stipulated Confidentiality Order and execute an Acknowledgement in the form attached to this Order as Exhibit “A.” Signed Acknowledgment forms shall be kept by the disclosing attorney.

5. If a party believes that a document or information designated Confidential by the producing party does not warrant such designation, that party shall give written notice to the party designating the disputed information. The written notice shall identify the information to which the objection is made, after which the Parties shall first make a good faith effort to resolve the dispute. Disputes which cannot be resolved informally may be presented for resolution to the Court by motion filed by the party designating the information as Confidential. The party designing the information as Confidential shall bear the burden of establishing that good cause exists for the disputed information to be treated as Confidential.

6. Notice of objection to a Confidentiality designation can also be made at a deposition when information is designated at a deposition as Confidential. At the time of deposition or within 30 days after receipt of the deposition transcript, a party may designate as Confidential specific portions of the transcript which contain Confidential matters under the standards set forth in paragraph 1 above. This designation shall be in writing and served upon opposing counsel. No objection shall be interposed at deposition that an answer would elicit Confidential information. Transcripts will be treated as Confidential for this 30 day period. Any portions of a transcript designated Confidential shall thereafter be treated as Confidential in accordance with this Stipulated Confidentiality Order.

7. In filing materials with the Court in pretrial proceedings, counsel shall file under seal, or redact or otherwise code to ensure that the secrecy of the information is maintained, only those specific documents and that deposition testimony designated Confidential, and only those specific portions of briefs, applications, and other filings that contain Confidential Information or Documents, or that set forth the substance of such Confidential Information.

8. Nothing herein shall restrict a party: (a) from using or disclosing Confidential Documents or Information obtained by such party independent of discovery or disclosure in this action, whether or not such documents or information is also obtained through discovery or disclosure in this action; or (b) from disclosing its own Confidential Documents ...


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