Palmieri v. Manpower International Inc.
Filing
20
PROTECTIVE ORDER, by Judge R. Brooke Jackson on 03/21/13. (alvsl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CONCETTA PALMIERI,
Plaintiff,
Case No. 12-cv-03246-RBJ
v.
MANPOWER INTERNATIONAL, INC.,
Defendant.
______________________________________________________________________
AGREED PROTECTIVE ORDER
______________________________________________________________________
Plaintiff Concetta Palmieri (“Plaintiff”) and defendant Manpower International, Inc.
(“Defendant”), by their respective counsel, having shown good cause in support of the
entry of this protective order to protect against the dissemination of the confidential
information set forth herein, and recognizing the parties to this case have stipulated
hereto, IT IS ORDERED:
1.
information,
This Protective Order shall apply to all documents, materials, and
including
without
limitation,
documents
produced,
answers
to
interrogatories, responses to requests for admission, deposition testimony and other
information disclosed pursuant to the disclosures or discovery duties created by the
Federal Rules of Civil Procedure which have been marked as “CONFIDENTIAL” in
accordance with this Order.
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.
For
the
purposes
of
this
Protective
Order,
CONFIDENTIAL
INFORMATION shall be limited to the following:
a. Personnel information containing employees’ work history, disciplinary
records, or other documents containing sensitive personal information
that is not available to the general public;
b. Business records and communications that contain confidential
business information such as client names, sales figures, employee
performance summaries, employee training manuals, and other
documents discussing business operations or business strategy; and
c. Other documents that implicate a common law or statutory privacy
interest such as personal identifying information, including social
security information, tax returns and medical information, or any other
information that is otherwise entitled to protection under Fed. R. Civ. P.
26(c)(1)(G).
4.
A party may designate any document or information, including any portion
of a document, any interrogatory response, other discovery response, and/or transcript
of a discovery response, as “Confidential” that it, in good faith contends constitutes or
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contains information that is entitled to protection under Fed. R. Civ. P. 26(c)(1)(G) and
this Protective Order, and this Protective Order.
5.
This CONFIDENTIAL INFORMATION shall not be disclosed or used for
any purpose except the preparation and trial of this case. CONFIDENTIAL
INFORMATION filed with the Court shall be accessible to the public and shall not be
filed under seal.
6.
The 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 case;
b)
persons regularly employed or associated with the attorneys
actively working on the case whose assistance is required by said attorneys in the
preparation for trial, or at trial, or at other proceedings in this case;
c)
the parties;
d)
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;
e)
the Court and its employees (“Court Personnel”);
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f)
stenographic
reporters
who
are
engaged
in
proceedings
necessarily incident to the conduct of this action;
g)
h)
7.
deponents or witnesses; and
other persons by written agreement of the parties.
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 provide such person with a copy of this Protective
Order and obtain from such person a written acknowledgement 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 and shall be subject to in camera review
by the Court if good cause for review is demonstrated by opposing counsel.
8.
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”.
9.
Whenever a deposition involves the disclosure of said CONFIDENTIAL
information, the deposition or portions thereof shall, at the election of counsel, 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
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of record within thirty (30) days after notice by the court reporter of the completion of the
transcript.
10.
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 requesting that the Court determine
whether the disputed information should be subject to the terms of this Protective 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.
11.
At the conclusion of this case, unless other arrangements are agreed
upon, each document and all copies thereof which have been designated as
CONFIDENTIAL shall be returned to the party that designated it as CONFIDENTIAL, or
the parties may elect to destroy CONFIDENTIAL documents. Where the parties agree
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to destroy CONFIDENTIAL documents, the destroying party shall provide all parties
with an affidavit confirming destruction.
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.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED this 21st day of March, 2013.
____________________________________
UNITED STATES DISTRICT COURT JUDGE
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