United States District Court, D. Colorado
Hope Hamilton Adam A. Hubbard HOLLAND & HART LLP, ATTORNEYS FOR PLAINTIFF.
Scott W. Johnston MERCHANT & GOULD P.C., Dana P. Jozefczyk MERCHANT & GOULD P.C., ATTORNEYS FOR DEFENDANT.
STIPULATED PROTECTIVE ORDER
Pursuant to Rule 26 of the Federal Rules of Civil Procedure and consistent with Federal Rule of Evidence 502, Arrow Electronics, Inc., and Arrow Partnership, LLC, (individually “Party” and collectively the “Parties”) hereby stipulate to the entry of this Protective Order.
1. The Parties have reviewed Judge Jackson’s Practice Standards, including as they relate to protective orders, the filing of confidential information, and requests for restricting public access to such information. The Parties agree to abide by these practice standards in their filings with the Court.
2. This Protective Order shall govern the exchange and disclosure of all information which is or has been produced or discovered in this litigation, including but not limited to documents (regardless whether in electronic or hard copy format), deposition testimony, and written discovery responses (“Discovery Materials”). The Parties agree that all CONFIDENTIAL and ATTORNEYS’ EYES ONLY Discovery Materials exchanged during the course of this litigation shall be used by the receiving party solely for the prosecution or defense of this litigation.
3. As used herein, the following definitions shall apply:
a) “CONFIDENTIAL” means any Discovery Materials that are personal or private or confidential information relating to any Party or any Party’s employees, managers, or agents (including personal financial information, social security numbers, personal medical information); and b) “ATTORNEYS’ EYES ONLY” means any Discovery Materials that:
(i) shall be deemed proprietary business information including but not limited to customer, and supplier information and mailing lists including names and addresses and contact information, customer and supplier (including equipment and other suppliers) sales history and account information, company information, tax returns, technical and operational information including protocols, processes, and procedures, not known to the general public; and
(ii) if inspection of a Party’s computer is permitted, all electronic data, information or documents retrieved from a Party’s computers during said inspection will be considered “ATTORNEYS’ EYES ONLY” during the inspection. Within ten (10) business days after the conclusion of the inspection, producing counsel must appropriately designate any data, information, or documents as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY, ” otherwise the receiving Party may treat it as non-confidential subject to the terms of this Protective Order.
c) No Discovery Materials shall be regarded as CONFIDENTIAL or ATTORNEYS’ EYES ONLY if:
(i) it is in the public domain at the time of disclosure as evidenced by a written document or becomes part of the public domain, through no fault of the receiving Party; or
(ii) the receiving Party can establish that a written document containing the Discovery Material was rightfully in its possession prior to its disclosure by the producing Party.
4. Discovery Materials designated as CONFIDENTIAL by a Party may be disclosed only to the following persons (hereinafter referred to as “Qualified Personnel- CONFIDENTIAL”):
(a) Up to two (2) party representatives identified in advance of receiving the CONFIDENTIAL Discovery Materials Information but only to the extent counsel determines in good faith that the representatives’ assistance is ...