Online Tools For Parents, LLC v. Vilsack et al
Filing
83
PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 3/27/13. (cbssec)
<![CDATA[
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01883-MSK-CBS
ONLINE TOOLS FOR PARENTS, LLC,
Plaintiff,
v.
TOM VILSACK, Secretary, United States Department of Agriculture,
Defendant.
PROTECTIVE ORDER
Pursuant to Fed. R. Civ. P. 26(c), and upon a showing of good cause in support of the
entry of a Protective Order to protect the production, discovery, and dissemination of
confidential information and/or sensitive data or records, IT IS HEREBY ORDERED:
1.
This Protective Order shall apply to all documents, materials and/or information,
including without limitation, documents produced, including electronic discovery, 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, “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.
1
3.
If Defendants produce to Plaintiff a document that would otherwise be protected by the
Privacy Act, this order is an order of the court pursuant to 5 U.S.C. § 552a(b)(11) which allows
for such production.
4.
Information designated “CONFIDENTIAL” ( “CONFIDENTIAL Information”),
pursuant to this Protective Order is limited to government contracts containing sensitive business
or financial information, and/or information that may be protected by the Privacy Act of 1974.
5.
CONFIDENTIAL Information shall not be disclosed or used for any purpose except the
preparation of the case for trial and appeal, if any. The protections granted by this Protective
Order shall not be waived.
6.
Any reproduction of CONFIDENTIAL Information (electronic or otherwise) must retain
the mark “CONFIDENTIAL.”
7.
In addition to the restrictions set forth in Paragraph 8, CONFIDENTIAL Information
shall not, without the consent of the party producing it or further Order of the Court, be disclosed
to any person, except that such information may be disclosed to:
a.
attorneys actively working on this case;
b.
the Parties;
c.
persons regularly employed or associated with the attorneys actively working on
the case, including in-house counsel and agency counsel, whose assistance is required by said
attorneys in the preparation for trial, at trial, or at other proceedings in this case;
d.
expert witnesses and consultants retained in connection with this proceeding, to
the extent such disclosure is necessary for preparation for trial, at trial, or at other proceedings in
this case;
e.
witnesses or court reporting personnel at a deposition;
2
f.
g.
8.
the Court and necessary Court staff, pursuant to Paragraphs 10, 11 and 12; and
other persons by written agreement of the parties.
Prior to disclosing any CONFIDENTIAL Information to any person listed in Paragraphs
7(d), 7(e), and/or 7(g), counsel (or any pro se party) shall provide such person with a copy of this
Protective Order and obtain from such person a written acknowledgment stating that he or she
has read this Protective Order and agrees to be bound by its provisions. All such
acknowledgments shall be retained by counsel (or any pro se party) and shall be subject to
inspection by counsel (or any pro se party) upon court order or by agreement of counsel (or any
pro se party).
9.
Whenever a deposition involves the disclosure of CONFIDENTIAL Information, the
deposition or portions thereof shall be designated as “CONFIDENTIAL” and shall be subject to
the provisions of this Protective Order. Such designation shall be made on the record during the
deposition whenever possible, but a party may designate portions of depositions as
“CONFIDENTIAL” after transcription, provided written notice of the designation is promptly
given to all counsel of record (or any pro se party) within thirty (30) days after notice by the
court reporter of the completion of the transcript.
10.
In the event that a party desires to use CONFIDENTIAL Information as an exhibit to a
Court document, the CONFIDENTIAL Information shall be filed as a restricted document in
accordance with D.C.Colo.LCivR 7.2 and must retain the mark “CONFIDENTIAL.”
11.
If additional disclosure is needed of CONFIDENTIAL Information, counsel for the party
seeking additional disclosure will contact counsel for the producing/designating party to work
out an appropriate procedure for such disclosure. If the parties cannot resolve the dispute within
thirty (30) days, either party may file an appropriate motion with the Court. Said motion may
3
attach the disputed CONFIDENTIAL Information as an exhibit to the motion. If the disputed
CONFIDENTIAL Information is attached as an exhibit to such a motion, it shall be filed as a
restricted document in accordance with D.C.Colo.LCivR 7.2, and must retain the mark
“CONFIDENTIAL.”
12.
A party may object to the designation of CONFIDENTIAL Information by giving written
notice to the counsel for the party designating the disputed information. The written notice shall
identify the information to which the objection is made. If the parties cannot resolve the
objection within five (5) days after the time the notice is received, it shall be the obligation of the
party objecting to the CONFIDENTIAL Information to schedule a telephone conference with the
Court for the purpose of determining whether the disputed information should be subject to the
terms of this Protective Order. The disputed CONFIDENTIAL Information shall be provided to
the Court in advance of the conference. If the disputed CONFIDENTIAL Information is
ultimately attached as an exhibit to such a motion, it shall be filed as a restricted document in
accordance with D.C.Colo.LCivR 7.2, and must retain the mark “CONFIDENTIAL.” If such a
motion is timely filed, the disputed information shall be treated as CONFIDENTIAL Information
under the terms of this Protective Order until the Court rules on the motion. In connection with
this provision, the party designating the information as CONFIDENTIAL Information shall bear
the burden of establishing that good cause exists for the disputed information to be treated as
CONFIDENTIAL Information.
13.
At the conclusion of this case, unless other arrangements are agreed upon, each party’s
counsel shall immediately return all CONFIDENTIAL Information to the producing party, or
shall destroy it or delete it, if the CONFIDENTIAL Information is electronically stored. If a
party chooses destruction of the CONFIDENTIAL Information, the party shall promptly provide
4
the other parties with an affidavit confirming the destruction or deletion. The termination of this
action shall not relieve counsel or other persons obligated hereunder from their responsibility to
maintain the confidentiality of CONFIDENTIAL Information pursuant to this Protective Order.
14.
Any inadvertent disclosure or production of information that is entitled to work-product
protection, or that is protected by any privilege, including the attorney-client or deliberative
process privileges, shall not constitute a waiver of any available protection or privilege by the
party who made the inadvertent disclosure or production. See Fed. R. Civ. P. 26(b)(5); Fed. R.
Evid. 502.
15.
This Protective Order may be modified by the Court at any time for good cause shown
following notice to all parties and an opportunity for them to be heard.
DATED at Denver, Colorado, on March 27, 2013.
BY THE COURT:
s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge
5
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
