Schroetlin v. Advanced Drilling Equipment Supply Company, LLC
Filing
16
PROTECTIVE ORDER by Magistrate Judge Gordon P. Gallagher on 10/6/2013. (ggall, )
<![CDATA[
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:12-cv-02713-JLK-GPG
ANGIE SCHROETLIN,
Plaintiff,
v.
ADVANCED DRILLING EQUIPMENT SUPPLY COMPANY, LLC,
Defendant.
______________________________________________________________________________
STIPULATED PROTECTIVE ORDER
______________________________________________________________________________
Upon consideration of the parties’ Stipulated Protective Order concerning certain
confidential information and documents to be disclosed during discovery, and it appearing to the
Court that good cause exists for the issuance of such Order, IT IS ORDERED as follows:
1.
This Protective Order shall apply to all documents, materials, and information, including
without limitation, documents produced, answers to interrogatories, response to requests for
admission, deposition testimony, and other information disclosed pursuant to the disclosure or
discovery rules 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.
3.
Information designated “CONFIDENTIAL” shall be information that implicates common
law and/or statutory privacy and/or confidentiality interests and includes but is not limited to: (a)
personnel records of current or former employees of Defendant; (b) Defendant’s trade secrets
1
and commercial or financial information, including tax records, that is either privileged or
confidential; (c) Form W-2s and other financial information; and (d) Plaintiff’s medical,
financial, and tax records. CONFIDENTIAL information shall not be disclosed or used for any
purpose except the preparation and trial of this case.
4.
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, solely for
the purposes of this case, to: attorneys actively working on this case; persons regularly employed
or associated with the attorneys actively working on this case whose assistance is required by
said attorneys in the preparation for trial, at trial, or at other proceedings in this case; the parties,
including the designated representatives for Defendant; expert witnesses and consultants retained
in connection with this proceeding, to the extent such disclosure is necessary for preparation,
trial, or other proceedings in this case; the Court and its employees (“Court Personnel”);
stenographic reporters who are engaged in proceedings necessarily incident to the conduct of this
action; deponents, witnesses, or potential witnesses; at trial, or at any appeal or other court
proceeding in this case; and to other persons by written agreement of the parties.
5.
Prior to disclosing any CONFIDENTIAL information to any person listed above (other
than counsel, persons employed by counsel, Court Personnel, and stenographic reporters),
counsel shall advise the person to whom disclosure is made regarding the terms of this Protective
Order and provide such person with a copy of this Protective Order. Counsel shall maintain a
record of the individuals to whom they provided documents marked CONFIDENTIAL.
2
6.
Documents are designated as CONFIDENTIAL by placing or affixing on them (in a
manner that will not interfere with their legibility) the following or other appropriate notice:
“CONFIDENTIAL.” CONFIDENTIAL information shall not be disclosed or used for any
purpose except for the preparation and trial of this case.
7.
Before any information is designated “CONFIDENTIAL,” counsel of record for the
designating party must first review the information and make a determination, in good faith, that
the documents and/or information are confidential or otherwise entitled to protection under
Fed.R.Civ.P. 26(c).
8.
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 within thirty (30) days after notice by the court reporter of the
completion of the transcript.
9.
A party may object to the designation of particular CONFIDENTIAL information by
giving written notice to 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 ten (10) business days after the time the notice is received, it shall be the
obligation of the party designating the information as CONFIDENTIAL to file an appropriate
motion, within thirty (30) days after the time the notice is received, requesting that the Court
determine whether the disputed information should be subject to the terms of this Protective
3
Order. If such a motion is timely filed, the disputed information shall be treated as
CONFIDENTIAL under the terms of this Protective Order until the Court rules on the motion. If
the designating party fails to file such a motion within the prescribed time, the disputed
information shall lose its designation as CONFIDENTIAL and shall not thereafter be treated as
CONFIDENTIAL in accordance with this Protective Order. In connection with a motion filed
under this provision, the party designating the information as CONFIDENTIAL shall bear the
burden of establishing that good cause exists for the disputed information to be treated as
CONFIDENTIAL.
10.
This Stipulated Protective Order shall not prohibit the use of CONFIDENTIAL material
in depositions, pleadings, or motions, or at trial, or in post-trial motions or proceedings, provided
that such uses are related to the prosecution or defense of this case. Notwithstanding that
CONFIDENTIAL documents may be used, this Stipulated Protective Order does not waive any
right of any party to file a motion to seal all or a portion of papers and documents filed with the
Court.
11.
At the conclusion of this case, unless other arrangements are agreed upon, each document
and all copies thereof that have been designated as CONFIDENTIAL shall not be released,
disclosed, or utilized except as required by the Freedom of Information Act or upon express
permission of this Court after written notice to counsel for the party that produced the
documents.
12.
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.
4
ORDERED this _6TH____ day of ___March______________, 2013.
BY THE COURT:
/s/ Gordon P. Gallagher
___________________________
United States Magistrate Judge
AGREED AND APPROVED:
/s/ Joseph H. Azbell
Joseph H. Azbell
Telephone: (970) 241-7701
jazbelllaw@gmail.com
/s/ Michael Santo___________
Michael C. Santo
Telephone: (970) 683-5888
santo@bechtelsanto.com
Erik R. Groves
Telephone: (970) 241-7701
egroves@gmail.com
Jennifer L. Springer
Telephone: (970) 683-5888
springer@bechtelsanto.com
AZBELL & GROVES, LLC
619 Main Street
Grand Junction, CO 81501
Facsimile: (970) 256-9570
BECHTEL AND SANTO, LLP
205 North 4th Street, Suite 300
Grand Junction, CO 81501
Facsimile: (970) 683-5887
Attorneys for Plaintiff
Attorneys for Defendant
5
Formatted: Font color: Text 1
]]>
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?
