IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Civil Action No. 11-cv-01764-PAB-KLM 

ROSE W. NJUGUNA, 

 Plaintiff and Counterclaim Defendant, 

v. 

LCS FINANCIAL CORPORATION, 

 Defendants and Counterclaimant. 

 

PROTECTIVE ORDER 

 Upon a showing of good cause in support of the entry of this Revised 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 Revised 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 Revised 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 as “CONFIDENTIAL” shall be information that is 

confidential and implicates common law and statutory privacy interests, including without 

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limitation those set forth in the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, 

the Gramm-Leach Bliley Act, the Bankruptcy Code, various privacy laws, real estate and 

mortgage laws, student loan laws, and various contractual obligations. CONFIDENTIAL 

information shall not be disclosed or used for any purpose except the preparation and trial of this 

case. 

 4. Any information designated as CONFIDENTIAL must first be reviewed by an 

attorney who will certify that the designation is based on a good faith belief that the information 

is entitled to such protection. 

 5. CONFIDENTIAL documents, materials, and/or information (collectively, 

“CONFIDENTIAL INFORMATION”) shall not, without the consent of the party producing it or 

further Order of this 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; 

 (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 

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 (h) other persons by written agreement of the parties. 

 6. 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 Revised Protective Order and 

obtain from such person a written acknowledgment stating that he or she has read this Revised 

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. 

 7. 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.” 

 8. 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 Revised 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. 

 9. 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 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 

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motion requesting that this Court determine whether the disputed information should be subject 

to the terms of this Revised Protective Order. If such a motion is timely filed, the disputed 

information shall be treated as CONFIDENTIAL under the terms of this Revised 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 Revised 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. 

 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 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. 

 11. This Revised Protective Order may be modified by this Court at any time for good 

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

 Dated this 4th day of January, 2012. 

 BY THE COURT: 

____________________________________ 

 UNITED STATES MAGISTRATE JUDGE 

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