United States District Court, D. Colorado
Ian L. Saffer Attorney for Plaintiff Gib’s Distribution LLC.
Gina Durham Attorney for Defendant Man Stuff, Inc.
STIPULATION AND PROTECTIVE ORDER
JOHN L. KANE, UNITED STATES DISTRICT JUDGE.
Each Party and each Counsel of Record stipulate and move the Court for a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the treatment of Confidential Information (as hereinafter defined), and, as grounds therefor, state as follows:
1. In this action, at least one of the Parties has sought and/or is seeking Proprietary Information and/or Attorneys’ Eyes Only information (as defined in paragraph 2 below) (collectively, “Confidential Information”). The Parties also anticipate seeking additional Confidential Information during discovery and that there will be questioning concerning Confidential Information in the course of depositions. The Parties assert the disclosure of such information outside the scope of this litigation could result in significant injury to one or more of the Parties’ business or privacy interests. The Parties have entered into this Stipulation and request the Court enter the within Protective Order for the purpose of preventing the disclosure and use of Confidential Information except as set forth herein.
2. “Proprietary Information” means any document, file, portions of files, transcribed testimony, or response to a discovery request, including any extract, abstract, chart, summary, note, or copy made therefrom - not made available to the public - and designated by one of the Parties in the manner provided in paragraph 4 below as containing: personal or business information, or any other matter that would put the producing party at a competitive disadvantage if the information became known to third parties.
3. “Attorneys’ Eyes Only Information” means any document, file, portions of files, transcribed testimony, or response to a discovery request, including any extract, abstract, chart, summary, note, or copy made therefrom - not made available to the public - and designated by one of the Parties in the manner provided in paragraph 4 below as containing: trade secret information or other confidential research, product or service development, financial information, including but not limited to revenues, costs, pricing, and customer information, or any other commercial information subject to protection under Fed.R.Civ.P. 26(c)(l)(G) and the disclosure of such information other than provided for by this Order for "Attorneys’ Eyes Only" information would materially affect the business, financial or commercial interests of the party producing, such as (by way of example but not limitation) information regarding the finances of the producing party or the identity of the producing party's customers and sales agents.
4. Where Confidential Information is produced, provided or otherwise disclosed by a Party in response to any discovery request, it will be designated in the following manner:
a. By imprinting the word “Proprietary” or “Attorneys’ Eyes Only” on the first page or cover of any document produced;
b. By imprinting the word “Proprietary” or “Attorneys’ Eyes Only” next to or above any response to a discovery request; and
c. With respect to transcribed testimony, by giving written notice to opposing counsel designating such portions as “Proprietary” and/or “Attorneys’ Eyes Only” no later than ten calendar days after receipt of the transcribed testimony.
5. All Confidential Information provided by a Party in response to a discovery request or 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 ...