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Hill v. United Airlines, Inc.

United States District Court, D. Colorado

March 11, 2016

THERESA M. HILL, Surviving Spouse and Executrix of the Estate of Donald E. Hill, Dec., and as Mother and Next Friend of Christopher E. Hill, Decedent’s Surviving Minor Child, Plaintiff,
v.
UNITED AIRLINES, INC. Defendant.

STIPULATED AND AGREED TO BY: Michael D. Rossi Guarnieri & Secrest, P.L.L.Attorney for Plaintiff

Mark T. Clouatre Kasey K. Johnson Market St. Wheeler Trigg Attorneys for Defendant United Airlines, Inc.

CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER

Michael E. Hegarty United States Magistrate Judge

This matter comes before the Court on the Parties’ “Joint Motion for Entry of Confidentiality Agreement and Stipulated Protective Order.” The Court, having reviewed the Motion and being fully apprised in the premises, finds that the Motion is meritorious and acceptable, and hereby orders that the terms and conditions of this Confidentiality Agreement and Stipulated Protective Order (“Protective Order”) be ENTERED as follows:

1. Preface: In this action, at least one of the “Parties” (as defined below) has sought and/or is seeking “Confidential Information” (as defined below). The Parties also anticipate seeking additional Confidential Information during discovery and that there will be questioning concerning Confidential Information in the course of depositions, at hearings, or at trial. 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 or result in a violation of state and federal privacy laws. As such, the Parties have agreed to the terms of and request the Court enter the following Protective Order for the purpose of preventing the improper and otherwise harmful disclosure and use of Confidential Information except as set forth herein. The Court hereby grants the request, having found good cause for same, and enters the following terms as an order of the Court under Federal Rule of Civil Procedure 26(c).

2. General Scope: This Protective Order shall apply to all documents and other protectable information containing or designated as containing Confidential Information as defined below, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition, hearing, or trial testimony, and any other information produced or disclosed pursuant to the disclosure or discovery obligations posed or created by the Federal Rules of Civil Procedure in the above-captioned litigation. Access to any such materials will be limited to “Authorized Persons” as set forth below.

3. Definition of Confidential Information: “Confidential 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 - containing confidential personal and business information, including but not limited to medical information, sensitive business or personal financial information, trade secrets, customer lists, proprietary information, employment and personnel records, personally identifying information, and/or other material of a sensitive nature, information that a party is legally obligated to preserve as confidential under applicable state or federal privacy laws, or any other information or items that are entitled to confidential treatment under applicable law. It does not include information that has been voluntarily disclosed in the public domain.

4. Designation Procedures: Where Confidential Information is produced, provided or otherwise disclosed by a Party in response to any discovery request, during a deposition, at a court hearing, or at trial, it may be designated as being within the scope of this order in the following manner:

a. By imprinting the word “Confidential” on the first page or cover of any document produced; b. By imprinting the word “Confidential” next to or above any response to a discovery request; and/or c. With respect to transcribed testimony (including depositions or court transcripts and any exhibits relating thereto), either by making a specific designation on the record prior to or during the testimony to be designated or, alternatively, by giving written notice to opposing counsel designating such portions as “Confidential” by page and line number no later than thirty (30) calendar days after receipt of the transcribed testimony; provided, however, that until such time has elapsed, the entirety of the transcribed testimony will be deemed confidential.

5. Inadvertent Non-Designation or Production: In the event that a Party to this litigation inadvertently fails to designate material as confidential, that Party may make such a designation later by notifying all Parties to whom such material was produced, in writing, as soon as practicable. After receipt of such notification, the parties to whom production has been made shall treat the designated material as confidential. Similarly, inadvertent production by any Party of a document containing attorney-client communications, attorney work product, other privileged information, confidential information, trade secrets or proprietary information shall not constitute a waiver of privilege. Any such document and any copies made of it shall be returned to the producing party immediately upon its request.

6. Restrictions on Use: All Confidential Information provided by a Party in response to a discovery request or in the form of transcribed testimony shall be subject to the following restrictions:

a. Confidential Information (including any copies or summaries thereof) shall be used only for the purpose of the above-captioned litigation and not for any business or other purpose whatsoever;

b. Confidential Information shall not be communicated or disclosed to anyone except other than to “Authorized Persons” as defined below, and all such persons shall be bound by all terms of this Protective Order as if a party to this lawsuit;

c. Confidential Information shall not be communicated or disclosed to anyone falling into the category of “Conflicts of Interest” as ...


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