United States District Court, D. Colorado
Seth J. Benezra, Esq., John A. Culver, Esq., Adam W. Ray, Esq. BENEZRA & CULVER, P.C. Attorneys for Plaintiff
Erin A. Webber, Esq. LITTLER MENDELSON, P.C. Attorney for Defendant.
STIPULATED PROTECTIVE ORDER
Under Rules 26(c) and 26(c)(7), Fed. R. Civ. P., upon request of the parties for entry of a protective order to protect the discovery and dissemination of confidential and proprietary information or information which will improperly annoy, embarrass, or oppress any party, witness, or person providing discovery 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, including but not limited to personnel information regarding employees of a party to this litigation, non-public information relating to a party's business operations, policies, and procedures, and the Plaintiffs and/or other information which is entitled to protection under Fed.R.Civ.P. 26(c). As a condition of designating information as CONFIDENTIAL, the information must be reviewed by a lawyer who must make a good faith determination that the information is entitled to protection, and designating the information as CONFIDENTIAL represents the attorney's certification of this determination.
4. CONFIDENTIAL information shall not be disclosed or used for any purpose except the prosecution, defense, and trial of this case. The duty to keep CONFIDENTIAL information confidential survives the completion of this case.
5. CONFIDENTIAL documents, materials, and/or information (collectively "CONFIDENTIAL information") shall not, without the consent of the party producing 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;
(d) counsel or representative of any insurer of any party to this action;
(e) expert witnesses and consultants retained in connection with this civil action, to the extent such disclosure is necessary for preparation, trial or ...