IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 1:11-cv-02282-MSK/BNB

ALLSTATE INSURANCE COMPANY,

Plaintiff, 

v.

FARRELL & SELDIN, a Colorado 

Partnership, and Barry A. Seldin, and 

Thomas F. Farrell and Thomas F. Farrell, P.C. 

and Barry A. Seldin, P.C. as general partners,

Defendants.

PROTECTIVE ORDER

Upon a showing of good cause in support of the entry of a protective order to protect the

discovery and 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 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 is confidential

and implicates common law and statutory privacy interests. 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 to:

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(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;

(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");

(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 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.

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."

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7. 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.

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 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.

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9. 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 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.

10. 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.

Dated December 1, 2011.

BY THE COURT:

 s/ Boyd N. Boland 

United States Magistrate Judge

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APPROVED:

MODRALL, SPERLING, ROEHL, HARRIS

 & SISK, P.A.

By: Jennifer A. Noya

Lisa Mann

Jennifer A. Noya

500 Fourth Street NW, Suite 1000 (87102)

P.O. Box 2168

Albuquerque, NM 87103-2168

Tel: 505.848.1800

Facsimile: 505.848.1899

lmann@modrall.com

jnoya@modrall.com

Attorneys for Plaintiff

MYERS, OLIVER & PRICE P.C.

By: Electronically Approved November 21, 2011

Floyd D. Wilson

1401 Central Ave. NW

Albuquerque, NM 87104-1138

Tel: 505.247.9080

Facsimile: 505.247.9109

fwilson@moplaw.com

Attorneys for Defendants

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