United States District Court, D. Colorado
GREAT NORTHERN INSURANCE COMPANY and UNIQUE HOME DESIGNS, INC., Plaintiffs,
NGL WAREHOUSE, LLC, Defendant.
STIPULATED PROTECTIVE ORDER REGARDING DEPOSITIONS AND DOCUMENTS DESIGNATED AS CONFIDENTIAL
Nina Y. Wang United States Magistrate Judge
Plaintiffs and NGL Warehouse, LLC ("NGL"), by and through their respective attorneys of record, hereby stipulate and agree as follows, and the Court, having been fully advised, hereby orders as follows:
The discovery sought from Ricardo Solis, Oscar Salinas, and Desi DeLeon (collectively, "Deponents") in Great Northern Insurance Company and Unique Home Designs, Inc. v. NGL Warehouse, LLC, Civil Action No. 2014-cv-3233-PAB-NYW, pending before the United States District Court for the District of Colorado (the "Colorado Lawsuit") is likely to involve witness testimony that contains business, competitive, proprietary, trade secret, or other information of a sensitive nature, hereafter referred to as "Confidential Information." The parties to the Colorado Lawsuit are hereinafter referred to as the "Colorado Parties." Accordingly, the Court enters this Protective Order to govern testimony and documents that contain Confidential Information.
Designation of Confidential Information
1. Designation of Depositions.
Depositions or portions thereof upon oral or written questions may be classified as Confidential if they contain Confidential Information. A Deponent claiming that a deposition or any portion thereof is Confidential shall give notice of such claim to the Colorado Parties either prior to or during the deposition, or within thirty (30) days after receipt of the deposition transcript, and the testimony taken and the transcript of such deposition or portion thereof shall be designated as Confidential. Placement of the "Confidential" designation on each protected page of the transcript shall constitute notice and shall designate the information contained therein as Confidential Information. Copies, extracts, summaries, notes, and other derivatives of Confidential material also shall be deemed Confidential material and shall be subject to the provisions of this Protective Order.
2. Designation of Written Materials.
Documents and other things claimed to be or to contain Confidential Information shall, prior to production, be marked by the producing party as "Confidential." Placement of the "Confidential" Designation on each protected page or on the initial page of the protected document when it is produced shall constitute notice and shall designate the document as Confidential material. Copies, extracts, summaries, notes, and other derivatives of Confidential material also shall be deemed Confidential material and shall be subject to the provisions of this Order. The provisions of this Order shall also apply to all documents produced prior to the date that this Order is entered by the Court, which were marked as "Confidential" prior to their production.
3. Modification of Designation.
The designation of Confidential Information by a Deponent shall not be determinative and may be modified or eliminated at any time in one of two ways, as explained below.
(a) The Deponent or counsel therefor may agree in writing to downgrade or eliminate the Confidential designation concerning any testimony.
(b) If the designating Deponent and the Colorado Parties cannot agree as to the designation of any particular information or material after good faith discussion, a Colorado Party may move this Court to downgrade or eliminate the Confidential designation. The burden of proving that the information has been properly designated as protected shall be on the Deponent who made the original designation.
Access to Confidential Information