United States District Court, D. Colorado
Charles R. Everett Plaintiff.
Beth Ann Lennon, Sherman & Howard L.L.C., Raymond M. Deeny, Sherman & Howard L.L.C. Attorneys for Defendant.
STIPULATED PROTECTIVE ORDER
Michael J. Watanabe, Magistrate Judge.
This matter comes before the Court on Plaintiff Charles Russell Everett ("Everett" or "Plaintiff"), and Defendant PARTech, Inc., ("PARTech" or "Defendant"), collectively the Parties', Stipulated Motion for Entry of a Stipulated Protective Order. The parties have shown good cause in support of the entry of a protective order.
Therefore, IT IS ORDERED:
1. This Stipulated Protective Order shall apply to all documents, materials, and information, including without limitation disclosures, documents produced, answers to interrogatories, responses to requests for admission, depositions and other information disclosed pursuant to the disclosure or discovery rights and duties under the Federal Rules of Civil Procedure.
2. As used in this Order, "document" is defined as provided in Fed.R.Civ.P. 34(a)(1)(A), and specifically includes electronically-stored information and identical duplicates of documents.
3. Information designated "CONFIDENTIAL" shall be information that implicates common law and/or statutory privacy or confidentiality interest such as: (a) personnel and payroll records of current or former employees of PARTech; (b) PARTech's trade secrets and commercial, financial, or insurance information; (c) Plaintiffs personal financial or medical information; and (d) any other material qualifying for protection under Fed.R.Civ.P. 26(c).
4. As a condition of designating documents for confidential treatment, the documents must be reviewed by a party or its legal counsel and a good faith determination must be made that the document is entitled to protection.
5. A party designating documents as CONFIDENTIAL may do so by placing or affixing on them (in a manner that will not interfere with their legibility) the word "CONFIDENTIAL" on every page containing confidential information.
6. Whenever a deposition involves the disclosure of CONFIDENTIAL information, such designation shall be made on the record during the deposition whenever possible. A party may designate portions of a deposition as CONFIDENTIAL after transcription by providing written notice to the other party within thirty (30) days after notice by the court reporter of the completion of the transcript.
7. A party may object to the designation of particular information as CONFIDENTIAL by giving written notice to the party that designated the disputed information within twenty (20) days. If the parties cannot resolve the objection within ten (10) business days, it shall be the obligation of the party designating the information as CONFIDENTIAL to file an appropriate motion/requesting that the Court determine whether the disputed information shall be treated as CONFIDENTIAL under the terms of this Stipulated Protective Order. If such a motion is timely filed, the disputed information shall be treated as CONFIDENTIAL until the Court rules on the motion. In the event of such a dispute, the party designating the information as CONFIDENTIAL shall bear the burden of establishing that good cause exists for the disputed information to be treated as CONFIDENTIAL. If the designating party fails to file such a motion within the prescribed time, the disputed information shall lose its designation as CONFIDENTIAL and shall not thereafter be treated as CONFIDENTIAL under this Stipulated Protective Order. Any designation of confidentiality or challenge of a designation of confidentiality shall be governed by Fed.R.Civ.P. 26(c)(1).
8. CONFIDENTIAL documents, materials, and information shall not be disclosed or used by the party receiving them for any purpose except the preparation, adjudication, and resolution of this action. This prohibition on use or disclosure does not mean, and will not be interpreted to require, that the party receiving documents, materials, and information designated CONFIDENTIAL is prohibited in using this ...