Free Protective Order - District Court of Colorado - Colorado

Case 1:04-cv-01819-ZLW-CBS
Case 1:O4-cv-O1819-ZLW-CBS

Document 36
Document 30-2

Filed 08/23/2005
Filed 08/19/2005

Page 1 of 8
Page 2 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1819-ZLW -CBS RHONDA KYLE, Plaintiff,
v.

BROWN & BIGELOW, INC., and

BILL SMITH, JR.,

Defendants.

STIPULATION REGARDING CONFIDENTIALITY

Plaintiff RhondaKyle and DefendantsBrown & Bigelow, Inc. and William Smith, Jr., through their respectiveundersignedcounsel,hereby submit this Stipulation Regarding Confidentiality. In supportthereof, the parties stateas follows: SllPULATION
WHEREAS, during the discovery conducted herein it may become necessary for the parties

to inquire as to confidential business,financial and other matters not otherwise available to the public generally; and
WHEREAS, the parties mutually desire to protect and maintain the confidentiality of all such

matters,
IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto that: The

following

definitions

shall

apply

to

this

Stipulation:

Case 1:04-cv-01819-ZLW-CBS
Case 1:04-cv-O1819-ZLW-CBS

Document 36
Document 30-2

Filed 08/23/2005
Filed 08/19/2005

Page 2 of 8
Page 3 of 8

A

As used herein, the teml "confidential material" shall mean all infomlation,

documents, materials and tangible items designated by any producing party to be confidential, including specifically, but not exclusively, written discovery, deposition
transcripts and documents, data or other information furnished during the course of this

action which is designatedby a party to be confidential. Each party shall designateany
material it deems to be confidential in the following manner:

(1)
(2)

By stamping all documents with the designation "Confidential".

By imprinting the designation "Confidential" next to each answer to interrogatory, response depositionupon written question,or response to to requestfor admission.

(3)

All depositiontranscriptsshal1 confidential for a period of thirty (30) days be after receipt of the transcript from the court reporter; thereafter,only such portions of a transcriptasareaffirmatively designated writing by a party to in be confidential shall be treated as confidential. The party designating a portion of a depositiontranscriptasconfidential shall provide written notice to all partiesby listing the pageand inclusive line numbersof the material to be kept confidential. In any depositiontranscriptin which any portion of the transcripthasbeendesignated confidentialby anyparty, the courtreporter,or the party holding the original transcript, shall imprint the word "Confidential" on the front pageof the original of the depositiontranscript. A depositioncontaining confidential information shall not be filed with the

Case 1:04-cv-01819-ZLW-CBS
Case 1 :O4-cv-O1819-ZLW-CBS

Document 36
Document 30-2

Filed 08/23/2005
Filed 08/19/2005

Page 3 of 8
Page 4 of 8

Court unlessplacedin a sealedenvelopebearingthe designationhereinafter provided for in Paragraph3 of this Stipulation. (4) By describing in writing and in sufficient detail any non-written materials and by providing written notice to all other parties that such non-written material shall be kept confidential. (5) By affixing to the canister or cassetteof all videotapes the designation "Confidential",
B.

As usedherein, the phrase"prosecutionand/or defenseof this action" shall

meanpreparationfor trial of this action, including specifically, but not exclusively, pre-trial discovery pursuantto Rules 26 through 37 of the FederalRules of Civil Procedure, trial of this action, andpreparationfor, participation in, andprosecutionand defense any appeal, of, rehearing,review or other judicial proceedingwhich relates to the subject matter of this action,
2.

Unless and until agreedby the undersignedparties, or ordered by the Court, all

confidential materials,and any information derived from suchconfidential materials,shall be kept and treatedas confidential and shall be usedonly for purposes the prosecutionand/ordefenseof of this action. Confidential materials shall not be disclosedto any person or entity other than: (a) Counselof record for the parties,including partnersandemployees suchcounsel;(b) contractors of of suchcounsel who are involved in the prosecutionand/or defenseof this action; (c) the parties themselves,including any officers, directors, employeesor agents of the parties; (d) experts, consultants, potential witnessesand/orany otherpersonretainedin connectionwith theprosecution and/or defenseof this action or to whom counsel for any party believes in good faith that it is

Case 1:04-cv-01819-ZLW-CBS
Case 1:04-cv-O1819-ZLW-CBS

Document 36 Document30-2

Filed 08/23/2005
Filed 08/19/2005

Page 4 of 8
Page 5 of 8

necessary confidential materialsbe shownfor the purposeof prosecutionand/ordefense this that of action; and (e) the Court; provided, however, that: (1) Each such entity or personreferred to in Subsections (b), (c) and (d) of this Paragraph (a), must executean agreement be bound by this to Stipulation prior to the disclosureof any confidential materialsto such entity or person;(2) such agreement be boundby this Stipulationshanbe in a form identicalto that which is attached to hereto as Exhibit A; and (3) a copy of eachsuchexecutedagreement be boundby this Stipulation shall to be kept by the counselof recordwho disclosedany confidentialmaterialto any suchentity or person and shall be filed with the Court at the time of trial, or upon the executionof a settlementagreement and dismissalof this action. 3
All confidential materials, or confidential materials which are reproduced, referred to

or othenvise contained in transcripts of depositions, exhibits, written discovery or other documents, shall be filed in accordance with Section VI(2) of the United States District Court for the District of

Colorado's ECF Procedures. More specifically, any documentthat is filed under seal must be accompanied with a contemporaneous motion to seal the document containing confidential
materials. The document containing the confidential materials shall be filed using the docket event

"Sealed Document." A notice of electronic filing ("NEF") will be generatedfor the sealed document,but the sealeddocumentwill not be viewable. Accordingly, parties may not use the
court's electronic notice facilities to serve sealed documents. Service shall be made in accordance with the Federal Rules of Civil Procedure and a certificate of mailing must be attached to the filed

document.

4.

Upon termination of the prosecutionand/or defenseof this action, all recipientsof

confidential materials shall, if requestedby a party, return all such confidential materialsin their

Case 1:04-cv-01819-ZLW-CBS
Case 1:O4-cv-O1819-ZLW-CBS

Document 36 Document30-2

Filed 08/23/2005
Filed 08/19/2005

Page 5 of 8
Page 6 of 8

possession, including all copies of suchconfidential materialsthat were madeby them or at their direction, to the party who originally producedsuchmaterial. Tenninationof theprosecutionand/or defenseof this action shall not, however, relieve any personto whom confidential material was disclosed,including counselfor the parties,from the obligation of maintainingthe confidentiality of all confidential material receivedpursuantto this Stipulation.
5.

Any party may object to the designation by any other party of any material as

confidential by notifying the party that designated materialasconfidential in writing andstating the

the basisfor its objection. If the parties thereafter are unable to resolve the matter, it shall be
submittedto the Court for resolution. Pendingresolutionby the Court, all materialsdesignated a by
party to be confidential shall be treated as confidential.

6.

Any entity which is not a party to this litigation may supply confidential business

infonnation and/or trade secretinformation to any party in accordance with the provisions of this Stipulation. Suchconfidential businessinformation and/ortradesecretinformation which hasbeen designated "Confidential" by a non-party and suppliedto the partiespursuantto this Stipulation as shall be protected by the parties in the same manner and to the same extent as information
designated "Confidential" by a party.

7

The Court may makeandenterits Order in confonnity herewith upon applicationby

any party ex parte and without further notice.

Case 1:04-cv-01819-ZLW-CBS
Case 1:04-cv-O1819-ZL W-CBS

Document 36 Document30-2

Filed 08/23/2005
Filed 08/19/2005

Page 6 of 8
Page 7 of 8

Respectfully submittedthis 19th day of August, 2005

By: /s/ Brice A. Tondre Brice A. Tondre 1821Blake Street,Suite 2C Denver, Colorado 80202-1287 (303) 296-3300 Attorney for Plaintiff

GREENE ESPEL, P.L.L.P. LawrenceM. Shapiro,P.A. William J. Otteson 200 S. 6th Street,Suite 1200 Minneapolis, MN 54402 612-373-0830 Attorney for Defendants

Case 1:04-cv-01819-ZLW-CBS

Document 36

Filed 08/23/2005

Page 7 of 8

DATED at Denver,Colorado,this

~iJday of August,2005.
BY THE COURT:

.- -United States Magistrate Judge

~i~~~~

Case 1:04-cv-01819-ZLW-CBS
Case 1 :O4-cv-O1819-ZLW-CBS

Document 36
Document 30-2

Filed 08/23/2005
Filed 08/19/2005

Page 8 of 8
Page 8 of 8

EXHIBIT A This is to certify that the undersigned read and is fully familiar with the provisions of has the Stipulation and Order RegardingConfidentiality of discovery materialsdatedAugust
2005, in the action entitled K}o/ev. Bro\~'n & Bigeio\~!, Inc., et ai.; Case No. Civil Action No. 04-

cv-1819-ZLW-CBS. As a condition precedentto my examinationsof any Confidential Discovery Materials in co1U1ection with this case, or my obtaining any infonnation from said Confidential Discovery Materials, I herebyagreethat this Stipulationand OrderRegardingConfidentiality shallbe deemed to be directed to and shall include me, and I shall observeand comply with the provisions of this Stipulation and Order RegardingConfidentiality.

Dated: Name (Signature)

Name (Printed)