United States District Court, D. Colorado
Merwyn Matson, an individual, and Audrey Matson, an individual, Plaintiffs,
Dillon Companies, Inc. d/b/a King Soopers, Inc., a Kansas Corporation, Defendant.
Dina M. Bernardelli, Esq. Zupkus & Angell, P.C. Attorney for Defendant Dillon Companies, Inc. d/b/a King Soopers, Inc.
Thomas E. Napp, Esq. Attorney for Plaintiffs
(PROPOSED) STIPULATED PROTECTIVE ORDER
NINA Y. WANG UNITED STATES MAGISTRATE JUDGE
1. PURPOSES AND LIMITATIONS
Plaintiffs Merwyn Matson and Audrey Matson and Defendant Dillon Companies, Inc. d/b/a King Soopers, Inc. (collectively, “the Parties”), allege that disclosure and discovery activity in this action will involve production of confidential, proprietary, and/or private information for which special protection from public disclosure and from use for any purpose other than this litigation would be warranted. King Soopers specifically needs a protective order over all proprietary information such as, but not exclusively, policies and procedures, training materials, video surveillance maps and diagrams, and documents related to security and investigation disclosed in this litigation. Accordingly, the Parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order (“SPO”). The Parties acknowledge that this SPO does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords extends only to the limited information or items that are entitled under F.R.C.P. 26(c) to be designated as confidential. The Parties further acknowledge, as set forth in Section 10, below, that this SPO creates a challengeable entitlement to file confidential information under seal.
2.1 Party. Any party to this action, including all of its officers, directors, employees, consultants, retained experts and outside counsel (and their support staff).
2.2 Disclosure or Discovery Material. All items or information, regardless of the medium or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter including subpoena.
2.3 “CONFIDENTIAL ” Information or Items. Information (regardless of how generated, stored or maintained) or tangible things that qualify for protection under standards developed under F.R.C.P. 26(c) and are designated as confidential.
2.4 Receiving Party. A Party that receives Disclosure or Discovery Material from a Producing Party.
2.5 Producing Party. A Party or non-party that produces Disclosure or Discovery Material in this action.
2.6 Designating Party. A Party or non-party that designates information or items as “CONFIDENTIAL.”
2.7 Protected Material. Any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.”
2.8 Counsel (without qualifier). “Counsel” shall mean the attorneys and employees of: Thomas E. Napp, P.C., and Zupkus & Angell, P.C.
2.9 Expert. A person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained or contacted by a Party to serve as an expert witness or as a consultant in this action.
2.10 Professional Vendors. Court reporters, videographers, interpreters, document reproduction companies, and such other qualified persons otherwise unconnected to any Party but who are involved in taking testimony, copying documents, and the like and are working at the direction of or in cooperation with Counsel.
3.1 The protections conferred by this SPO cover not only Protected Material (as defined above), but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by Parties or Counsel (e.g., preserved in a hearing transcript or recording) that might reveal Protected Material.
3.2 The Parties agree that the scope of this SPO does not include trial testimony or evidence or exhibits presented at trial regarding any Protected Material, and that the use of any such Protected Material at trial ...