IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-01734-PAB-BNB

DANIEL LEROY RHODEN,

Plaintiff,

v.

RYAN O’HAYRE, in his individual capacity,

STUART RUYBAL, in his individual capacity,

Defendants,

AGREED PROTECTIVE ORDER

Plaintiff, Daniel Rhoden and Defendants, Ryan O’Hayre and Stuart Ruybal, by and

through their respective Attorneys, having shown good cause in support of the entry of this

protective order to protect against dissemination of the confidential information set forth herein,

and recognizing the parties to this case have stipulated hereto, 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

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

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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 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 in good faith contends, constitutes or contains information that

is entitled to protection under Fed.R.Civ.P.26(c)(1)(G) 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. 

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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”);

f. Stenographic reports who are engaged in proceedings necessarily incident to the

conduct of this action

g. Deponents or witnesses; and

h. Other persons by written agreement of the parties.

7. 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.

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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 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 dispute 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

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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 as 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 destruction.

12. The Court may modify this Protective order at any time for good cause shown

following notice to all parties and an opportunity for them to be heard.

Dated May 20, 2013.

BY THE COURT:

 s/ Boyd N. Boland 

United States Magistrate Judge

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