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Simon v. United States

United States District Court, D. Colorado

March 1, 2016

BREN SIMON, Plaintiff,
v.
THE UNITED STATES OF AMERICA, Defendant.

CAROLINE D. CIRAOLO Acting Assistant Attorney General JAMES E. WEAVER LINDSAY L. CLAYTON LANDON M. YOST Trial Attorneys, Tax Division U.S. Department of Justice John W. Porter Keri D. Brown Jeffrey D. Watters BAKER BOTTS L.L.P. Counsel for Bren Simon

Sean Akins COVINGTON & BURLING, LLP Counsel for non-party National Basketball Association

Of Counsel: JOHN F. WALSH United States Attorney Counsel for the United States

STIPULATED PROTECTIVE ORDER REGARDING THE NATIONAL BASKETBALL ASSOCIATION

KATHLEEN M. TAFOYA UNITED STATES MAGISTRATE JUDGE

Pursuant to the agreement of plaintiff Bren Simon and defendant United States of America (each a “Party, ” together, “the Parties”), and non-party the National Basketball Association (“NBA”), in order to protect from public disclosure certain information that the NBA may be required to produce during the course of this action, and for good cause shown, it is hereby ORDERED that:

1. Information, materials, and documents (whether in paper or electronic form) produced or furnished by the NBA in compliance with subpoenas issued in this case that contain confidential tax or financial information of

(a) the NBA;
(b) any NBA basketball team; or
(c) any owner of an NBA basketball team (direct or indirect), excepting the now-deceased Melvin Simon, his estate, or Herbert Simon;

which the NBA designates as “Protected Information, ” shall be deemed confidential “Protected Information, ” but only after the NBA makes a good-faith determination, provided to the Parties in writing, on a category-by-category basis (with Bates-numbers identifying those documents belonging to each category), that the designated information, materials, or documents fall within the protections of Rule 26(c) of the Federal Rules of Civil Procedure and warrant protection from disclosure.

2. All documents or information that the NBA wishes to designate as Protected Information shall be designated as such by the NBA affixing to such Protected Information a legend stating: Protected Information Subject to Protective Order, Simon v. United States, United States District Court for the District of Colorado, Docket No. 1:15-cv-00538. However, inadvertent production of any information not designated as Protected Information shall not itself constitute a waiver of the NBA's claim of confidentiality as to such information, and the NBA may thereafter designate such information as Protected Information provided that neither Party has used the information prior to such designation.

3. For purposes of this Order, reproductions of, extracts of, and summaries that reproduce the substance of Protected Information shall be Protected Information to the same extent as the Protected Information to which such reproductions, extracts, or summaries relate.

4. Protected Information may be used in any and all discovery proceedings in this case including, but not limited to, document requests, requests for admission, depositions, interrogatories, and discovery motions, but shall not otherwise be publicly disclosed except as permitted by this Order.

5. Protected Information may be included in, or attached to, pretrial filings with the Court, and may also be used in connection with court hearings and at trial, but only in accordance with this Order. The Party wishing to so file or use Protected Information must, no fewer than ten (10) business days prior to the filing or use of the Protected Information, notify the NBA of the anticipated use of Protected Information and identify with specificity the anticipated Protected Information that will be used. Thereafter, the NBA may, as merited by the type and use of Protected Information:(i) move the Court to file such Protected Information under seal, (ii) move the Court ...


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