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Tucker v. HCRI Sun Two Broomfield Co Senior Living, LLC

United States District Court, D. Colorado

February 16, 2016

DEBRA TUCKER, as Personal Representative of the Estate of Esther Pauline Tucker, Plaintiff,
v.
HCRI SUN TWO BROOMFIELD CO SENIOR LIVING, LLC d/b/a SUNRISE AT FLATIRONS; HCRI SUN TWO POOL ONE, LLC; HCRI SL II TRS CORP.; SUNRISE SENIOR LIVING MANAGEMENT, INC.; AND BROOMFILELD CO SENIOR LIVING OWNER, LLC Defendants.

PROTECTIVE ORDER

NINA Y. WANG, UNITED STATES MAGISTRATE JUDGE.

Plaintiff Debra Tucker, as the Personal Representative of the Estate of Esther Pauline Tucker, and defendants HCRI SunTwo Broomfield CO Senior Living, LLC and Sunrise Senior Living Management, Inc. (collectively the "Parties") anticipate seeking and/or producing certain confidential information during discovery and that there may be questioning concerning that information in the course of depositions and other discovery. The Parties agree that the disclosure of such information outside the scope of this litigation could result in injury to their business or privacy interests. This Protective Order is designed to preserve the confidentiality of such information, expedite the production of discovery material, facilitate the prompt resolution of disputes over confidentiality, and adequately protect material entitled to be kept confidential.

Therefore, it is, ORDERED that:

1. "Confidential Information" means any document (as that term is defined for purposes of Fed. .R. Civ. P. 34(a), and including any non-identical draft or copy as a separate document), hard or electronic files or any portion(s) thereof in any format, transcribed testimony, or responses to any discovery request made under the Federal Rules of Civil Procedure, including any extract, abstract, chart, summary, note, or copy, which is designated by one of the parties, or any third-party, in the manner provided in paragraph 2 below as containing confidential or proprietary information. Confidential Information shall not include any matter that is not already available outside of the present case, through lawful means, to the general public . This Protective Order shall apply to all Confidential Information.

2. Where Confidential Information is produced, provided or otherwise disclosed by a Party, it will be designated, after a good faith review and certification by counsel of record that such information qualifies as confidential pursuant to Fed.R.Civ.P. 26(g), in the following manner:

a. By imprinting the word "Confidential" on the first page or cover of any document produced;
b. By imprinting the word "Confidential" next to or above any response to a discovery request; and
c. Regarding transcribed testimony, counsel shall provide written notice to opposing counsel designating specific portions of such testimony as "Confidential" no later than ten calendar days after receipt of the transcribed testimony.

3. All Confidential Information produced by a Party or designated transcribed testimony shall be subject to the following restrictions:

a. It shall be used only for the purpose of this litigation and not for any business or other purpose whatsoever;
b. It shall not be communicated or disclosed by any Party's counsel or a Party in any manner, either directly or indirectly, to anyone except for purposes of this case and unless an affidavit in the form of Exhibit A has been signed, provided, however, that there shall be no requirement to obtain an affidavit for those persons identified in paragraphs 7.a., 7.b., 7.c. and 7.e. of this Protective Order.

4. Individuals authorized to review Confidential Information pursuant to this Protective Order shall hold Confidential Information in confidence and shall not divulge the Confidential Information, either verbally or in writing, to any other person, entity or government agency unless authorized to do so by court order.

5. Certain documents with Confidential Information may also include information relating to other individuals or businesses that could be private to them and/or otherwise irrelevant to this lawsuit. The information contained therein could also be subject to other court orders or agreements, which require the redaction or removal of certain information. In such case, the Parties reserve the right to redact or remove such information from a document otherwise marked "Confidential. "

6. The Party's counsel who discloses Confidential Information shall be responsible for obtaining and retaining the original affidavits in the form of Exhibit A, signed by ...


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