United States District Court, D. Colorado
Thomas G. Tasker HILLYARD, WAHLBERG, KUDLA, SLOANE & WOODRUFF, LLP Attorneys for Plaintiff.
Debra K. Sutton Charles R Scheurich SUTTON BOOKER, P.C. Attorneys for Defendant American Family.
Christopher T. Colby JOHNSON & STEPHENS, P.C. Attorneys for Defendant.
STIPULATED PROTECTIVE ORDER
KATHLEEN M . TAFOYA, UNITED STATES MAGISTRATE JUDGE.
Pursuant to the stipulation of the Plaintiff, Jennifer Dorough, Defendant, American Family Insurance Company, and Defendant, GEICO Casualty Company, IT IS ORDERED: Defendant American Family Mutual Insurance Company may produce certain documents to Plaintiff, stamped CONFIDENTIAL or HIGHLY CONFIDENTIAL - OCCO and containing bates labels beginning with AF Confidential Documents_000001, which it considers privileged, confidential, proprietary, competitively sensitive and trade secret. The production and use of such documents in this case will be conducted pursuant to the following:
1. Counsel for Defendant American Family must review documents and certify that the designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OCCO” is based on a good faith belief that the information is confidential or otherwise entitled to protection. All such documents shall be stamped “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OCCO” by Defendant American Family. It is agreed that the documents so designated are subject to this Protective Order (hereinafter referred to as “documents”).
2. “CONFIDENTIAL” information shall include any Discovery Materials which the producing party or non-party reasonably and in good faith believes not to be in the public domain and contains any trade secret or other confidential or proprietary strategic, research, development, or commercial information.
3. “HIGHLY CONFIDENTIAL - OCCO” information shall include any documents which the producing party or non-party reasonably and in good faith believes to be so competitively sensitive that it is entitled to extraordinary protections and shall be produced to Outside Counsel and Consultants Only (“OCCO”) but not to the parties or their in-house counsel.
4. Documents, materials and/or information designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OCCO” shall not be disclosed or used for any purpose except the preparation and trial of this case.
5. A party may object to the designation of particular “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OCCO” information by giving written notice to the party designating the disputed information within ten (10) business days of receipt of the document. The written notice shall identify the information to which the objection is made. If the parties cannot resolve the objection within ten (10) business days after the time the notice is received, it shall be the obligation of the party designating the information as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OCCO” to file an appropriate motion requesting that the court determine whether the disputed information should be subject to the terms of this Protective Order. If such a motion is timely filed, the disputed information shall be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OCCO” under the terms of this Protective Order until the Court rules on the motion. In connection with a motion filed under this provision, the party designating the information as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OCCO” shall bear the burden of establishing that good cause exists for the disputed information to be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OCCO.”
6. Plaintiff and her counsel agree that the documents and the information obtained from the documents shall not be released to any other person or entity for any purpose, with the exception of an individual certified by Plaintiff’s counsel as employed by or assisting counsel in preparation for or at the trial of this action or a person who is expressly retained by Plaintiff or her counsel for the purpose of testifying or giving opinions in this litigation, including Plaintiff’s insurance claims expert, but only to the extent necessary for such person to perform his or her assigned tasks in connection with this litigation.
7. Counsel for Plaintiff shall first obtain a written agreement from each individual, identified under paragraph 6 of this Protective Order, who will review any or all of the documents or receive information therefrom that they agree to hold all such documents in confidence and agree to the terms and conditions set forth in Exhibit A, including that the individual will not reproduce the documents, transfer the documents or divulge information obtained therefrom to any other entity or person for any purpose. The written agreement shall be in the form attached hereto as Exhibit A.
8. In the event of a deposition of a non-party or a party, or one of its present or former officers, directors, employees, agents, or an independent expert retained for purposes of this litigation, it is agreed that any confidential documents or information obtained therefrom is confidential and the deposition shall remain confidential and shall not be used or distributed for any purpose other than in connection with this litigation.
9. Counsel for Plaintiff shall maintain a list of all persons to whom the confidential information covered by this Protective Order has been shown, to whom copies have been provided, and who have agreed to the terms of this Protective Order. Counsel’s list shall also identify, by ...