United States District Court, D. Colorado
FEATHERSTONE DESISTO LLC Bruce A. Featherstone, Elizabeth M. Bryans Attorneys for Plaintiff UET RR, LLC
WATROUS GOODWIN | REHA John F. Reha David J. Caras, Attorneys for Defendants Benjamin D. Comis, K3B Partners, ULC, Barry W. Comis, Falcon Creek Asset Management, Inc., RKB Investments, Ltd., Ricfiard K. Brugger, J. Todd Hicks, Viero Group, Inc.
Upon a showing of good cause in support of the entry of a protective order to protect the discovery and dissemination of confidential and proprietary information or information that will improperly annoy, embarrass, oppress, or unduly burden any party, witness, or person providing discovery or to whom discovery pertains in this case, IT IS ORDERED:
1. This Protective Order shall apply to all documents, materials, and information, including without limitation documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure.
2. As used in this Protective Order, the term "document" is defined as provided in Fed.R.Civ.P. 34(a). A draft or non-identical copy is a separate document within the meaning of this term.
3. Information designated "CONFIDENTIAL" shall be information that is confidential, proprietary, personal financial information, or implicates common law and statutory privacy interests of the parties to this litigation or any other person entitled to protection under Fed.R.Civ.P. 26(c), including, without limitation, personal financial information, account information, private social security numbers, and other private identifying information. CONFIDENTIAL information also includes (1) any information copied or extracted from information designated CONFIDENTIAL; (2) all copies, excerpts, summaries, or compilations of CONFIDENTIAL information; and (3) any testimony, conversations, or presentations by the parties or their counsel that might reveal CONFIDENTIAL information. Any party, intervening party, or third party from whom discovery is sought may designate information produced in this lawsuit as CONFIDENTIAL. Infomiation may only be designated as CONFIDENTIAL within the terms of this Order after review by an attorney for the designating party or person who will certify that said designation is based on a good faith belief that the information is confidential or otherwise entitled to protection, as required by Gillard v. Boulder Valley School District, 196 F.R.D. 382, 386 (D. Colo. 2000).
4. CONFIDENTIAL information shall not be disclosed or used for any purpose except the preparation and trial of this case.
5. CONFIDENTIAL documents, materials, and infomiation (collectively, "CONFIDENTIAL information") shall not, without the consent of the party producing or designating it, or further Order of the Court, be disclosed, except that such information may be disclosed to:
(a) attorneys actively working on this civil action;
(b) persons regularly employed or associated with the attorneys actively working on this civil action whose assistance is required by said attorneys in the preparation for trial, at trial, or at other proceedings in this civil action;
(c) the parties (including designated representatives for each party);
(d) expert witnesses and consultants retained in connection with this civil action, to the extent such disclosure is necessary for preparation, trial, or other proceedings in this civil action;
(e) the Court and its employees ("Court Personnel");
(f) stenographic reporters who are engaged in proceedings necessarily incident to the ...