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Lunt v. Cyclone Drilling, Inc.

United States District Court, D. Colorado

April 27, 2016

JESSE LUNT, Individually and on behalf of all others similarly situated Plaintiff,
v.
CYCLONE DRILLING, INC. Defendant.

STIPULATED PROTECTIVE ORDER

Kathleen M. Tafoya United States Magistrate Judge

This matter comes before the Court on the parties’ Stipulated Motion for Entry of Protective Order. The Court has reviewed that Motion and finds it meritorious and acceptable. Therefore, IT IS ORDERED:

1. DEFINITIONS

(a) “Confidential Information” means and includes any information, testimony, document or thing that contains confidential or proprietary information, including, but not limited to, private financial or employment information and/or any medical records or other “protected health information” within the meaning of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and its implementing regulations of Plaintiff Jesse Lunt and/or any other individual who has opted-in to this FLSA collective action (“Plaintiffs”); confidential information about Defendant’s customers, vendors, employees, applicants for employment, information systems, and operations; and financial information, including, but not limited to, tax returns, financial statements, bank records and billing records, that was not previously available to the opposing party and is produced in this action. Confidential Information may include, without limitation, information and documents produced pursuant to Rule 26, F.R.C.P; testimony adduced at depositions upon oral examination pursuant to Rule 30, F.R.C.P.; written responses to interrogatories pursuant to Rule 33, F.R.C.P.; documents produced pursuant to Rule 34, F.R.C.P.; answers to requests for admission pursuant to Rule 36, F.R.C.P.; and testimony, documents and things provided pursuant to Rule 45, F.R.C.P. Confidential Information also may include confidential information owned by a third party, so long as such information otherwise qualifies as Confidential Information hereunder.

(b) “Providing Party” means any party to this action or any third party, expert or consultant who produces or provides any information, testimony, document or thing pursuant to formal or informal discovery in this action.

(c) “Receiving Party” means any party to this action or any third party, expert or consultant who receives any information, testimony, document or thing in the course of formal or informal discovery in this action.

(d) “Counsel” means a party’s attorney of record if the party is represented, or a party itself if the party is unrepresented.

2. DESIGNATION OF CONFIDENTIAL INFORMATION

(a) Documents and things. Each Providing Party shall label, mark or otherwise identify, in writing, information, documents and things that their counsel considers in good faith to contain Confidential Information or to be otherwise entitled to protection under Rule 26(c), F.R.C.P., or other applicable law, with the legend “Confidential - Subject to Protective Order.” Before designating any information, documents or things as Confidential Information, a party’s counsel must review the information and determine that the designation is based on the counsel’s good faith belief that the information is confidential or otherwise entitled to protection under Fed.R.Civ.P. 26(c)(1).

(b) Depositions. During or after depositions upon oral examination, if counsel for any party believes that a question or answer of any deponent (whether party, third-party, expert or otherwise) constitutes Confidential Information, counsel shall request that the specific pages that include such Confidential Information be included in a separate sealed portion of the transcript. The reporter shall include on the cover page of each sealed portion the legend: “This transcript portion contains information subject to a Protective Order and shall be used only in accordance therewith.” When testimony designated as Confidential Information is being given during a deposition, all persons except those who are entitled to receive such Confidential Information under the terms of this Order shall be excluded from the deposition room.

(c) Inadvertent failure to designate. Any Providing Party who inadvertently fails to designate any information, testimony, document or thing as Confidential Information may correct such failure by giving written notice of the same to the Receiving Parties as soon as possible after the issue is discovered and shall be treated appropriately from the date the written notice of the designation is provided to the Receiving Party. Upon such written notification, the corrected materials shall only be deemed Confidential Information prospectively. Substitute copies of the corrected information, testimony, document or thing, appropriately marked “Confidential - Subject to Protective Order, ” shall be given to all Receiving Parties as soon as they become available. Within ten (10) days of receipt of the substitute copies, the Receiving Parties shall destroy such items and notify counsel for the Providing Party of such destruction.

3. DESIGNATED MATERIALS PRESUMED CONFIDENTIAL.

All information, testimony, documents and things designated by a Providing Party as Confidential Information shall be treated in all respects as though they in fact constitute or contain confidential information, unless and until the Court rules otherwise or the Providing Party agrees otherwise. This section is not intended to limit any Party’s ability ...


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