Opinion
Civil No. 1: 05 CV 00052JTG.
August 1, 2005
Phillip S. Ferguson, Ruth A. Shapiro, CHRISTENSEN JENSEN, P.C., Salt Lake City, Utah, Attorneys for Defendant.
Gregory W. Stevens, Attorney for Plaintiff.
PROTECTIVE ORDER
PROTECTIVE ORDER
Pursuant to the foregoing Stipulation and Motion, the Court hereby finds and issues its Protective Order, as follows:
1. Defendant has requested plaintiff's tax returns and may, throughout the course of the litigation, request additional, sensitive materials. Plaintiff believes that the materials sought by Defendant are sensitive and personal.
2. Throughout the litigation, plaintiff may request various business files from Defendant. Defendant believes that the materials potentially sought by Plaintiff are sensitive and personal.
3. With respect to documents the parties claim the need for protection under this Order, the parties shall stamp on such document "claimed subject to protective order." Both parties are also required to number each such document produced in such a manner to allow them to be distinguishable from other documents produced as part of the discovery of this case.
4. The documents shall be produced to respective counsel. If counsel disputes designation of "claimed subject to protective order" status of the document, the documents shall be submitted to the Court for an in camera review and determination of the status of the document.
5. All documents produced to counsel without the "claimed subject to protective order" status may be disseminated, as appropriate, to counsel and employees of counsel that have a need to review such documents in order to reasonably perform their duties. Such documents may be disseminated to witnesses in this case who have a need to review such documents in order to reasonably perform their duties.
6. All documents or materials produced to counsel which have the "claimed subject to protective order" status, shall be distributed only to counsel, its employees, and such witnesses that have a clear need to review such documents in order to reasonably perform their duties.
7. Counsel will give reasonable advance notice, at least 24 hours, if he/she intends to use the "claimed subject to protective order" document or information at trial, so as to facilitate counsel raising appropriate concerns or seeking protection or limitation with the court.
8. Anyone who is allowed to see or work with documents or information which have the status of "claimed subject to protective order" will be informed of this Protective Order and will agree in writing to comply with it.
9. The "claimed subject to protective order" documents may be reasonably used in the proceedings of this case. However, until further order of the Court, they shall be sealed when submitted to the Court or if used as exhibits during depositions, the exhibits shall not be attached to the deposition, but shall remain in the possession of counsel.
10. At the conclusion of the case, the confidentiality of all copies of the "claimed subject to protective order" documents shall be maintained and the copies of the "claimed subject to protective order" documents will be returned to respective counsel, and all witnesses who have had access to these materials will certify that all copies have been returned.
11. The "claimed subject to protective order" documents may only be used for the purposes of this case.
Subject to Protective Order Addendum.