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Sisters of Charity of Leavenworth Health System, Inc. v. Blue Cross and Blue Shield Association, Inc.

United States District Court, D. Colorado

March 16, 2016

SISTERS OF CHARITY OF LEAVENWORTH HEALTH SYSTEM, INC., Plaintiff/Counter Defendant
v.
BLUE CROSS AND BLUE SHIELD ASSOCIATION, Defendant/Counter Claimant

Kathryn A. Reilly Wheeler Trigg O'Donnell LLP, James Hastings, Joshua Paul, Collen IP Attorneys for Plaintiff/Counter Defendant

James T. Hultquist John A. Cullis Keyonn L. Pope Reed Smith LLP, Ian L. Saffer, Swanson & Bratschun, LLC, Garner K. Weng Janie L. Thompson Hanson Bridgett LLP Attorneys for Defendant/Counter Claimant

STIPULATED PROTECTIVE ORDER

Plaintiff/Counter Defendant Sisters of Charity of Leavenworth Health System, Inc. ("SCL Health") and Defendant/Counter Claimant Blue Cross and Blue Shield Association ("BCBSA") (collectively "the Parties") anticipate that certain of their confidential business records, as well as those of non-parties, may be produced in discovery in the above-captioned action (the "Action"), including without limitation, records that contain, embody or reflect trade secrets or non-public, confidential, proprietary, or sensitive research, know-how, development or technical, personal, business, financial or commercial information, branding/marketing information, information regarding applicable actual or potential customers or consumers, or other information otherwise covered by a legitimate right or interest of privacy, within the meaning of F.R.C.P. 26(c), the laws of the United States, or other applicable laws (hereinafter individually and collectively referred to as "Confidential Information") and that such Confidential Information in these records must be protected from further disclosure. Pursuant to Federal Rule of Civil Procedure 26(c), the parties court good cause for entry of this Stipulated Protective Order ("Protective Order") to provide such protection according to the terms and conditions set forth below. To expedite the flow of discovery material and the litigation of this case, facilitate the prompt resolution of disputes over confidentiality, and adequately protect material entitled to be kept confidential, it is, by agreement of the Parties, STIPULATED and ORDERED that:

IT IS HEREBY STIPULATED BY THE PARTIES, AND IT IS HEREBY ORDERED THAT:

1. This Order shall apply to all Confidential Information that is the subject of discovery or testimony in this action. Discovery materials and testimony as to which a disclosing Party or disclosing non-party has an interest and as to which confidentiality is asserted by such party's counsel after review of the information and on a good faith belief that it is confidential or otherwise subject to protection and not (1) to impose any unnecessary burden or delay on an opposing party, or (2) for tactical or other advantage in litigation, upon designation of the Confidential Information as CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY shall be treated pursuant to the provisions of this Order. For purposes of this Order, disclosing non-parties shall have the same rights and obligations as a disclosing Party.

(a) Discovery materials produced pursuant to F.R.C.P. 26 and 34.

Documents and other discovery materials produced pursuant to F.R.C.P. 26 and 34 shall be designated as Confidential Information prior to disclosure by labeling such documents and materials in a visible manner with a CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY legend stamped or affixed thereto, or by a manner mutually agreeable to the. Parties if the materials cannot be readily so labeled. If a disclosing Party or disclosing non-party thereafter determines that it inadvertently failed to properly designate or label Confidential Information, it may do so by giving prompt and timely notice to the receiving party, who shall thereafter treat the materials pursuant to the provisions of this Order.

(b) Oral or written deposition taken pursuant to F.R.C.P. 30 or 31.

Any disclosing Party or disclosing non-party may designate testimony on oral or written deposition taken pursuant to F.R.C.P. 30 or 31 as CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY under the terms of this Order by:

(i) so stating on the record during the deposition, or
(ii) notifying the other party in writing of the portions of such testimony to be so designated within thirty (30) days of receipt of the transcript by the disclosing or designating party's counsel.

Testimony that is not designated during the deposition shall be treated as HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY until such written notification is received, or if no written notification is provided, until the expiration of the thirty (30) day period.

With regard to designations made during the deposition, the designating party shall have the right to exclude from the deposition all persons not entitled under this Order to view or receive such Confidential Information before the taking of such testimony. If a disclosing party or non-party promptly and timely determines that it inadvertently failed to properly designate confidential testimony, it may do so by giving notice to all Parties, who shall thereafter treat the materials pursuant to the provisions of this Order. Any transcript portion that contains testimony so designated shall be labeled in a visible manner with the CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY legend, and if requested by the designating party, shall be bound in a separate, sealed volume by the court reporter.

(c) Responses to interrogatories under F.R.C.P. 33.

Responses to interrogatories under F.R.C.P. 33 shall be designated as Confidential Information prior to disclosure by labeling such documents and materials in a visible manner with a CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY legend stamped or affixed thereto, or by a manner mutually agreeable to the Parties if the materials cannot be readily so labeled. If a disclosing Party or disclosing non-party thereafter determines that it inadvertently failed to properly designate or label an interrogatory response under F.R.C.P. 33 CONFIDENTIAL or HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY, it may do so by giving prompt and timely notice to all Parties, who shall thereafter treat the materials pursuant to the provisions of this Order.

2. Each Party or non-party that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. To the extent it is practical to do so, the designating party must designate for protection only those parts of material, documents, items, or oral or written communications that qualify-so that other portions of the material, documents, items, or communications for which protection is not ...


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