United States District Court, D. Colorado
GREGG E. SPRINGER, an Individual and LINDA SPRINGER, an Individual, Plaintiffs,
THE TRAVELERS HOME AND MARINE INSURANCE COMPANY, a Connecticut company, Defendant.
Eric Bentley Flynn Wright & Freedman, LLC Counsel for Plaintiffs, Gregg E. Springer and Linda Springer.
Amy M. Samberg Jeri J. Wettestad Counsel for Defendant The Travelers Home and Marine Insurance Company.
STIPULATED PROTECTIVE ORDER
NINA Y. WANG, UNITED STATES MAGISTRATE JUDGE.
The Court finds:
WHEREAS, the Parties represent that certain information that is, has or may be produced and/or sought by discovery requests in this action may constitute confidential or proprietary information, trade secrets or other confidential research development or commercial information within the meaning of Fed.R.Civ.P. 26(c)(1)(G); and that Discovery will be facilitated if the parties are allowed to produce such information under a protective order pursuant to Fed.R.Civ.P. 26(c).
WHEREAS, pursuant to F.R.C.P. 26(c) and D.C.COLO.LCivR 30.2 and as stipulated by the parties, the Court deems it appropriate to limit disclosure of certain confidential information, as set forth below, IT IS HEREBY ORDERED THAT:
1. This Order applies to all products of discovery and all information derived therefrom, including, but not limited to, all documents and deposition testimony and any copies, excerpts or summaries thereof, and all written, recorded, or graphic material produced, obtained or created by any party or other person pursuant to the requirements of any court order, requests for production of documents, requests for admissions, interrogatories, subpoenas, agreements or any other materials stamped confidential in accordance with this order.
2. To be treated as confidential under this order, confidential documents must be designated as "Confidential-Subject to Protective Order." "Confidential Information" means information or documents of any kind that are designated as "Confidential-Subject to Protective Order" based on the designating party's good faith belief after review by counsel of record and certification pursuant to Rule 26(g) of the Federal Rules of Civil Procedure that the information or documents:
(a) Contain trade secret information, as defined by the Colorado Uniform Trade Secrets Act, C.R.S. §§ 7-74-101 et seq. and case law interpreting the statute, or other applicable law;
(b) Contain confidential, technical, commercial, financial or business information that does not meet the statutory definition of a "trade secret" but that, like a trade secret, will lose some or all of its value if disclosed to the general public; or
(c) Contain individuals' personal financial information, social security numbers, home addresses, home and other personal telephone number.
3. (a) Confidential discovery material will be used only for the litigation of this action ("Litigation"), including any appeals of this litigation. Confidential discovery material will not be disclosed except in accordance with paragraphs 4, 6 and 8.
(b) Prior to being given access to stamped confidential documents, any person falling within subparagraphs 6(a)(iv), 6(a)(v) or 6(a)(vii) shall be provided with a copy of this Order and shall execute a copy of the Endorsement of Stipulation and Protective Order, attached as Exhibit A. Counsel providing such access to stamped confidential documents shall retain copies of the Endorsement(s) of Stipulation and Protective Order and shall provide them to counsel producing stamped confidential documents as provided below. For testifying experts, a copy of the Endorsement of Stipulation and Protective Order executed by the testifying expert shall be furnished to counsel for the party who produced the stamped confidential documents to which the expert has access, either at the time the confidential material is provided to the testifying expert, or at the time the expert's designation is served, whichever is later.
4. Stamped confidential documents shall have the following language stamped on each page that contains confidential information, or shall otherwise have such language clearly marked:
CONFIDENTIAL-SUB JECT TO PROTECTIVE ORDER
Such stamping or marking will take place prior to production by the producing party, or subsequent to selection by the receiving party for copying but prior to the actual copying if done expeditiously. The stamp or marking shall be affixed or placed in such a manner as to not obliterate or obscure any written matter. In the case of deposition testimony, confidentiality designations shall be made within 30 days after the date this order is entered or within 30 days after the taking of such deposition, whichever shall occur later, and shall specify the testimony designated confidential by page and line number(s). Until the expiration of such 30 day period, the entire text of the deposition, excluding documents previously produced and not marked confidential, shall be treated as confidential ...