United States District Court, D. Colorado
Brian D. Smith, Esq., Brian D. Smith, P.C., Attorney for Plaintiffs
Scott L. Terrell, Esq., SCOTT L. TERRELL, P.C., Attorney for Defendants
STIPULATED PROTECTIVE ORDER
NINA Y. WANG, UNITED STATES MAGISTRATE JUDGE
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Plaintiffs Brandt and Walters ("Plaintiffs"), by and through its undersigned attorney, and Defendants Von and Chase Honnecke and S & H Heating, A/C, Sheetmetal Co., ("Defendants"), by and through its undersigned attorney, hereby agree that all discovery and other materials exchanged by Plaintiffs and Defendants (collectively referred to as the "Parties") or filed with the Court in the above-captioned action shall be provided subject to the following conditions:
1. The Parties, or any non-party, after review by counsel for the party making the designation, who shall make a good faith determination that the information contained in the documents is in fact confidential or otherwise entitled to protection under Fed.R.Civ.P. 26(c)(7), may designate as "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" all or any part of any discovery and other materials exchanged by the Parties or filed with the Court, including without limitation, documents and things, pleadings, motions, interrogatory answers, answers to deposition questions, and responses to requests for admission, which contain sensitive financial, patent, trademark, copyright, trade secret, marketing, customer, research, or product development information, or any other document or thing containing other information of such a nature as to be protectable under Fed.R.Civ.P. 26(c)(7). Except as set forth in paragraph 7, such designations shall be made by stamping the document "CONFIDENTIAL" or "CONFIDENTIAL - ATTORNEYS' EYES ONLY" and shall be as specific as the context of the information reasonably permits so as not to include non-confidential information. All such designated discovery and other materials are referred to herein as "Confidential Material." Notwithstanding such designation, Confidential Material does not include information or material: (a) obtained independent of any party to this litigation as to which no obligation of confidentiality applies; (b) that is in the public domain or accessible to the public or trade at the time exchanged or filed; (c) that enters the public domain or becomes accessible to the public or trade through no fault of the recipient after the time of exchange or filing; (d) that is disclosed or made available to the recipient by a third party without restriction and without there having been a breach of an obligation of confidence owed by the third party to Plaintiffs or to Defendants; (e) that is known to by the recipient at the time of exchange or filing, as shown by documentary evidence that the recipient may provide to person claiming confidentiality at any time within five (5) business days from the date of exchange or filing; (f) that is independently developed by the recipient without reference to the exchanged or filed information or material; (g) that is or was disclosed by the party designating it CONFIDENTIAL or CONFIDENTIAL - ATTORNEYS' EYES ONLY to any third person, if this is or was not done under the terms of a confidentiality or nondisclosure agreement containing terms and conditions the same as or very similar to the terms and conditions of this Order; and (h) that is disclosed by the recipient as required by judicial action.
2. The CONFIDENTIAL - ATTORNEYS' EYES ONLY designation shall be limited to Confidential Material which contains or comprises sensitive financial, product, marketing, customer or commercial information (which, if known to the other party, even subject to the non-disclosure provisions of this Order, would cause the disclosing party harm), and research and development information directed to future products.
3. Confidential Material shall be revealed only to Qualified Persons (defined in paragraph 4 below), their clerical, support and secretarial staffs, paralegals, and assistants and used only for preparation and trial of this action.
4. Confidential Material may be disclosed only to the following Qualified Persons:
a. For Confidential Material designated CONFIDENTIAL - ATTORNEYS' EYES ONLY:
i. Counsel of record in the above-captioned case and staff employed by such counsel (collectively "Outside Counsel");
ii. Subject to Paragraphs 5 and 6 below, expert and third party technical service contractors who are not present employees of either party, or of any predecessor, parent or related company of either party, who are requested by Outside Counsel of the receiving party to furnish technical or expert services in connection with this litigation;
iii. Third party contractors involved solely in providing litigation support services to Outside Counsel;
iv. The Court and its personnel and the jury;
v. An officer before whom a deposition is taken, including any stenographic ...