United States District Court, D. Colorado
PROGRESSIVE CASUALTY INSURANCE COMPANY, an Ohio corporation, Plaintiff,
TAGGART & ASSOCIATES, INC., a Colorado corporation, Defendant.
Jack D. Robinson Chadwell Murley Spies, Powers & Robinson, P.C. Counsel for Plaintiff Progressive Casualty Insurance Company
Brian Molzahn Keith M. Goman Joan S. Allgaier Hall & Evans, LLC Counsel for Defendant Taggart & Associates, Inc.
STIPULATED PROTECTIVE ORDER
Kristen L. Mix Magistrate Judge
To expedite the flow of discovery material, facilitate the prompt resolution of disputes over confidentiality, adequately protect material entitled to be kept confidential, and ensure that protection is afforded only to material so entitled, pursuant to the Court's authority under the Federal Rules of Civil Procedure, the parties, by agreement and through their counsel of record, move for the Court to enter a Stipulated Protective Order concerning certain confidential and/or private documents, such as insurance, medical, and financial records of nonparties and proprietary documents that the parties anticipate are relevant and discoverable in this litigation, and request a forthwith ruling:
IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:
I. Non-Disclosure of Stamped Confidential Documents.
Except with the prior written consent of the party or other person originally designating a document to be stamped as a confidential document, or as hereinafter provided under this Order, no stamped confidential document may be disclosed to any person. A "designating party" means a party or other person designating a document to be stamped as a confidential document. A "stamped confidential documenf means any document which bears the legend (or which shall otherwise have had the legend recorded upon it in a way that brings its attention to a reasonable examiner) "CONFIDENTIAL" to signify that it contains information that the designating party believes to be subject to protection under F.R.C.P. 26(b)(3) and (5). For purposes of this Order, the term "documenf means all written, electronic, recorded, or graphic material, whether produced or created by a party or another person, whether produced pursuant to Rule 33, Rule 34, subpoena, by agreement, or otherwise provided by the designating party in response to any formal or informal discovery requests of any of the opposing parties in this litigation, that are designated in good faith as confidential by the designating party. Interrogatory answers, responses to requests for admission, deposition transcripts and exhibits, pleadings, motions, affidavits, and briefs that quote, summarize, or contain materials entitled to protection may be accorded status as a stamped confidential document, but, to the extent feasible, shall be prepared in such a manner that the confidential information is bound separately from that not entitled to protection.
2. Permissible Disclosures.
Notwithstanding Paragraph 1, stamped confidential documents may be disclosed to the parties and/or their insurers for use only in this litigation; counsel for the parties in this action actively engaged in the conduct of this litigation; to the partners, associates, secretaries, and paralegals of such an attorney, to the extent reasonably necessary for those persons to render professional services in this litigation; and to Court officials involved in this litigation (including court reporters, persons operating video recording equipment at depositions, and any special master appointed by the Court). Upon signing the Agreement to Comply with Protective Order (attached as Exhibit A), the entirety of which is hereby incorporated by reference, stamped confidential documents may also be disclosed:
a. To any consultant or expert retained by a party who has consented to this Order;
b. To any person designated by the Court in the interest of justice, upon such terms as the Court may deem proper;
c. To persons with prior knowledge of the documents; or
d. To any deponent.
e. Through execution of the confidentiality agreement, these individuals (identified in subparagraphs (a)-(d) above) consent to the jurisdiction of this Court for the enforcement of this Order and shall not give, show or otherwise divulge any of the confidential information or any copies, prints, negatives or summaries ...