Opinion
Civil Action No. 11-cv-00081-LTB-BNB
04-13-2012
BRENDA M. LOPEZ, Plaintiff, v. SUNCOR ENERGY (U.S.A.) INC., a Delaware corporation; and SUNCOR ENERGY SERVICES INC., Defendants,
KAZAZIAN & ASSOCIATES, LLC Nina H. Kazazian, Esq. Attorneys for Plaintiff Brenda M. Lopez Mark T. Barnes, #23091 Susan P. Klopman, #33179 Brownstcin Hyatt Farber Schreck, LLP Attorneys for Defendants Suncor Energy (U.S.A.) Inc. and Suncor Energy Services Inc.
STIPULATED BLANKET PROTECTIVE ORDER
Upon a showing of good cause in support of the entry of ft blanket protective order to protect the discovery mid dissemination of confidential information or information which will improperly annoy, embarrass, or oppress any party, witness, or person providing discovery in this case, IT IS ORDERED:
1. This Protective Order shall apply to all documents, materials, and information, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other information disclosed pursuant to the disclosure or discovery duties created by die 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 (a) has been maintained as confidential and implicates common law or statutory privacy interests, or (b) is confidential business information which has been maintained as confidential and is protected by contract or law. 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 parry 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, at trial, or at other proceedings in this case;
(c) the parties, including the plaintiffs mother and designated representatives for the entity defendants;
(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:
(c) the Court and its employees ("Court Personnel'');
(f) stenographic reporters who are engaged in proceedings necessarily incident to the conduct of this action;
(g) deponents, witnesses, or potential witnesses; and
(h) 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 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 dull be retained by counsel end shall be subject to in camera review by the Court if good cause for review is demonstrated by Opposing counsel.
6. Documents are designated as CONFIDENTIAL by placing or affixing on them (in a manner that win not interfere with (heir legibility) me following or other appropriate notice: "CONFIDENTIAL."
7. Whenever a deposition involvesthedisclosure 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
8. 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 tile an appropriate motion requesting mat die 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 boar the burden of establishing that good cause exists for the disputed information to be treated as CONFIDENTIAL.
9. Pursuant to D.C.CQl:O.LCivR 7.2(D), CONFIDENTIAL information and -documents containing the same(regardless of which party made the designation), shall not be filed with the Court, except by filing the document or information as a "restricted document," The partywho marked thedocument or information CONFIDENTIAL shall file a timely motion pursuant D.C.COLO.LCivR 72(D), and the other party shall not contest the Motion to Restrict Access unless the other party has previously obj ec ted to the ___ of that particular CONFIDENTIAL in formation by giving written notice, as set forth in paragraph 8 of this Protective Order, before filing with the Court the document or information as a "restricted document."
10. 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 mat designated it CONFIDENTIAL, or the parties may elect to destroy CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL documents, the destroying party shall provide all parties with an affidavit confirming the destruction.
11. This Protective Order may be modified by die Court at any time for good cause shown following notice to all parties and an opportunity for them to be heard.
SO ORDERED:
__________________
Magistrate Judge Boyd N. Boland
KAZAZIAN & ASSOCIATES, LLC
__________________
Nina H. Kazazian, Esq.
Attorneys for Plaintiff Brenda M. Lopez
__________________
Mark T. Barnes, #23091
Susan P. Klopman, #33179
Brownstcin Hyatt Farber Schreck, LLP
Attorneys for Defendants Suncor Energy
(U.S.A.) Inc. and Suncor Energy Services
Inc.