United States District Court, D. Colorado
Kristen L. Mix United States Magistrate Judge
Pursuant to the parties' stipulation and pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and D.C.COLO.LCivR 7.2, concerning the treatment of Confidential Information, the Court ORDERS:
1. In this action, at least one of the Parties has sought and/or is seeking Confidential Information, including but not limited to a trade secret or other confidential research, development, or commercial information pursuant to Rule 26(c)(1)(G) (as defined in paragraph 2, below).
2. "Confidential Information" means any document, file, portions of files, transcribed testimony, or response to a discovery request, including any extract, abstract, chart, summary, note, or copy made therefrom-not made available to the public and designated by one of the Parties in the manner provided in Paragraph 4 below as containing:
a. Company policies and procedures;
b. Third-party/outside vendor vetting procedures;
c. Proprietary commercial information;
d. Association records;
e. Personal or protected health information;
f. Employment and payroll records;
g. Any other proprietary information, including but not limited to commercially sensitive information; and
h. other documents that implicate a common law or statutory privacy interest such as personal identifying information, including social security information and tax returns, or any other information that is otherwise entitled to protection under Fed.R.Civ.P. 26(c)(1)(G).
3. A Party designating any document or information, including any portion of a document, any interrogatory response, other discovery response, and/or transcript of a discovery response, as "Confidential" represents in good faith that it contends, constitutes, or contains information that is entitled to protection under Fed.R.Civ.P. 26(c)(1)(G) and this Protective Order. Parties and attorneys designating documents as "Confidential" will be representing that such documents contain information the disclosure of which would implicate an important interest to be protected which outweighs the presumption of public access and that they will be able to identify to the Court a clearly defined and serious injury that would result if access is not restricted, as required by D.C.COLO.LCivR 7.2(B)(2) & (3).
4. Where Confidential Information is produced, provided, or otherwise disclosed by a Party in response to any discovery request, it will be designated in the following manner:
a. By imprinting the word "CONFIDENTIAL" on the first page or cover of any document produced;
b. By imprinting the word "CONFIDENTIAL" next to or above any response to a discovery request; and
c. With respect to transcribed testimony, by giving written notice to opposing counsel designating such portions as "CONFIDENTIAL" no later than ten calendar days after receipt of the transcribed testimony.
d. The inadvertent or unintentional disclosure of Confidential Information, regardless of whether the information was so designated at the time of disclosure, shall not be deemed a waiver in whole or in part of a party's claim of confidentiality either as to the specific information disclosed therein or on the same or related subject matter, provided that the party asserting the claim of confidentiality informs the opposing party of its claim within a reasonable time after learning of the disclosure.
5. All Confidential Information provided by a Party in response to a discovery request or transcribed testimony shall be ...