United States District Court, D. Colorado
FOR PLAINTIFF: Claire Munger HKM Employment Attorneys LLP
FOR DEFENDANT: Laura E. Reasons Gerald L. SEYFARTH Shaw LLP
STIPULATED PROTECTIVE ORDER (DOCKET No. 33-1)
This matter comes before the Court pursuant to Rule 26(c) of the Federal Rules of Civil Procedure for the entry of a Protective Order governing the disclosure of documents and information pertaining to proprietary and/or confidential matters. It appears to the Court that entry of this Order is appropriate, recognizing that the parties to this case have stipulated hereto, and for good cause shown, IT IS ORDERED:
1. This Protective Order is entered between Plaintiff Kimberly Hastings, and Defendant U.S. Foods, Inc., pursuant to Rule 26(c) of the Federal Rules of Civil Procedure.
2. The purpose of this Protective Order is to protect against the unnecessary disclosure of confidential and/or proprietary information of both parties. Documents, materials, and information protected by this Order will hereafter be referred to as "Confidential Materials." Confidential Materials shall include the following:
a. personnel information, records, and documents relating to any past, present, or prospective employees of Defendant other than Plaintiff, including, but not limited to, job descriptions, earnings information, tax information, medical records and information, beneficiary information, financial information, contact information social security numbers, offer letters, dismissal letters, performance reviews, performance improvement plans, disciplinary and termination documents, and the contents of any personnel file;
b. information relating to the conduct of Defendant's business of a sensitive or proprietary nature, including, but not limited to, training materials, trade secrets, operational details, information relating to Defendant's business strategy policies, practices, or research; and
c. any other information, documents, or things subject to confidentiality protection under the law, including, but not limited to, Federal Rule of Civil Procedure 26.
3. In order for the materials to receive confidential treatment, the Parties may, in good faith, designate any document, material, and/or information provided in discovery as "Confidential" by clearly and conspicuously marking it with the word "Confidential, " or in the case of deposition or hearing testimony, indicating on the record that some or all of the testimony is "Confidential." The inadvertent failure to make such designation, however, shall not affect the applicability of this Order to such information.
4. If a dispute arises as to the designation of any document, material, and/or information as "Confidential, " the parties agree to attempt to resolve the issue in good faith. If the matter is not resolved by the parties themselves, the party or non-party challenging the confidential status or information shall bring the dispute before the Court for a determination. The party asserting the confidential status of the document, material, and/or information shall have the burden of showing that the documents, materials, and/or information contain Confidential Materials and are thus subject to the restrictions of this Order. During the pendency of the dispute, the materials shall be treated as Confidential Materials in accordance with the terms of this Order.
5. Acceptance of documents or information designated as Confidential Materials will not be construed as an admission that the materials are properly designated as Confidential Materials. A party need not challenge the propriety of a designation of a document or information as confidential at the time made, and failure to do so shall not preclude subsequent challenge to the designation or constitute any admission of confidentiality.
6. As used herein, "disclosure" or "to disclose" shall mean to divulge, reveal, describe, summarize, paraphrase, quote, transmit, or otherwise communicate Confidential Materials, whether pursuant to request, interrogatory, process or otherwise, and whether in accordance with the Federal Rules of Civil Procedure or otherwise. The restrictions contained in tbis Order regarding disclosure of Confidential Materials also apply witb equal force to any excerpts, analyses, or summaries of such items or the information contained in them, as well as to any briefs, pleadings, exhibits, transcripts or other documents which may be prepared for filing in this litigation which contain or refer to the Confidential Materials or information contained in them.
7. Confidential Materials shall not be disclosed or used for any purpose except the preparation and trial of this case.
8. Confidential Materials shall not, without the consent of the party producing it or further Order of me Court, be disclosed except that such information may be disclosed to the following qualified recipients and only for purposes of prosecuting and defending this litigation: (a) the Court and Court personnel; (b) the attorneys actively working on this case and persons employed or associated with the attorneys actively working on the case whose assistance is required by said attorneys in the preparation of trial, or at trial, or at other proceedings in this case; (c) the parties, including the employees of Defendant involved in the defense of the case; (d) expert witnesses and consultants retained in connection with this proceeding, to the extent such disclosure is necessary for preparation, trial or other proceedings in mis ...