#103509 v4 bou

IN THE UNITED STATES DISTRICT COURT 

 FOR THE DISTRICT OF COLORADO 

Civil Action No. 11-cv-02325-MSK-CBS 

JEFFREY B. SAFFER, 

 Plaintiff, 

v. 

CLUB HOLDINGS, LLC, a Delaware Limited Liability Company, 

 Defendant. 

STIPULATION AND PROTECTIVE ORDER 

Each party and each counsel of record stipulate and move the Court for a Protective 

Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the treatment of 

Confidential Information (as hereinafter defined) and, as grounds therefor, state as follows: 

1. The parties in this action anticipate seeking and exchanging Confidential 

Information (as defined in paragraph 5 below) as part of the preparation of their claims and 

defenses in this case. The parties assert that the disclosure of such information outside the scope 

of this litigation could result in significant injury to one or more of the parties’ business or 

privacy interests. The parties have entered into this Stipulation and request the Court enter the 

within Protective Order for the purpose of preventing the disclosure and use of Confidential 

Information except as set forth herein. 

2. 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 

Case 1:11-cv-02325-CBS Document 22 Filed 01/04/12 USDC Colorado Page 1 of 8
 2 

#103509 v4 bou

improperly annoy, embarrass, or oppress any party, witness, or person providing discovery in 

this case, IT IS ORDERED: 

3. 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. 

4. 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. 

5. “Confidential Information” shall mean non-public documents or materials that 

comprise or contain information constituting or relating to trade secrets or to confidential and 

proprietary information the disclosure of which would implicate common law or statutory 

privacy interests or result in competitive or other business injury to the disclosing party, such as, 

without limitation, confidential business information (including, for example, business plans, 

business strategies, business methods, business records, negotiations, and agreements), financial 

information (including, for example, budgeting, accounting, and sales and expenditures figures), 

business relationship information (including, for example, information pertaining to potential 

and/or existing customers, competitors, suppliers, and distributors), and personnel information 

(including, for example, compensation, evaluations and other employment information). 

6. Confidential Information shall not be disclosed or used for any purpose except the 

preparation and trial of this case. Counsel for the parties may designate information as 

Case 1:11-cv-02325-CBS Document 22 Filed 01/04/12 USDC Colorado Page 2 of 8
 3 

#103509 v4 bou

“Confidential” only after a review of the information and based on a good faith belief that it is 

confidential or otherwise entitled to protection. 

7. Where Confidential Information is produced, provided, or otherwise disclosed by 

a party, it shall be designated in the following manner: 

a. By imprinting the word “Confidential” on the first page or cover of any 

document produced; 

b. By imprinting the word “Confidential” next to or above any response to a 

discovery request; and 

c. With respect to transcribed testimony, by giving notice of such 

designation during the testimony 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. Information designated as Confidential 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, at trial, or at other proceedings in this case; 

Case 1:11-cv-02325-CBS Document 22 Filed 01/04/12 USDC Colorado Page 3 of 8
 4 

#103509 v4 bou

c. the parties and their directors, officers, or employees to the extent such 

disclosure is necessary for preparation, trial or other proceedings in this 

case; 

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; 

f. stenographic reporters who are engaged in proceedings necessarily 

incident to the conduct of this action; 

g. authors or drafters, addressees, and those who received the documents or 

information prior to the commencement of this action, or during this 

action if obtained independently and not in violation of this Protective 

Order; and 

h. other persons by written agreement of the parties. 

9. Prior to disclosing any Confidential Information to any person listed above under 

paragraphs 8.d. and 8.h., counsel shall provide such person with a copy of this Protective Order 

and obtain from such person a written declaration in the form attached hereto as Exhibit A 

stating that he or she has read this Protective Order and agrees to be bound by its provisions. All 

such declarations shall be retained by counsel and shall be subject to in camera review by the 

Court upon a showing of good cause. 

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 

Case 1:11-cv-02325-CBS Document 22 Filed 01/04/12 USDC Colorado Page 4 of 8
 5 

#103509 v4 bou

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 Information 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 Information 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 Information 

and shall not thereafter be treated as Confidential Information in accordance with this Protective 

Order. In connection with a motion filed under this provision, the party designating the 

information as Confidential Information shall bear the burden of establishing that good cause 

exists for the disputed information to be treated as Confidential Information. 

11. If any party intends to file a pleading or other document with the Court which 

contains Confidential Information, that party must first follow the filing procedures set forth in 

D.C.COLO. L. Civ. R 7.2, and all other applicable rules and procedures to request that such 

Confidential Information be filed under seal. 

12. 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 a declaration confirming the destruction. 

Case 1:11-cv-02325-CBS Document 22 Filed 01/04/12 USDC Colorado Page 5 of 8
 6 

#103509 v4 bou

13. By agreeing to the entry of this Protective Order, the parties adopt no position as 

to the authenticity or admissibility of documents produced subject to it. 

14. 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. 

15. This Order shall survive the final conclusion of the action, and this Court retains 

jurisdiction over the parties hereto, and of any person or entity who executes a copy of Exhibit A 

indefinitely as to any dispute between or among any of them regarding improper use of 

information disclosed pursuant to this Order. 

Dated this 4th day of January 2012. 

 BY THE COURT: 

 s/Craig B. Shaffer 

 Craig B. Shaffer 

 United States Magistrate Judge 

Case 1:11-cv-02325-CBS Document 22 Filed 01/04/12 USDC Colorado Page 6 of 8
 7 

#103509 v4 bou

STIPULATED AND AGREED TO this 3rd day of January 2012. 

/s/ Jon Saffer 

Jon Saffer 

Eugene Kim 

Claire Y. Dossier 

SNELL & WILMER, L.L.P. 

1200 Seventeenth Street, Suite 1900 

Denver, CO 80202 

Tel.: 303.634.2000 

Fax: 303.634.2020 

jsaffer@swlaw.com 

cdossier@swlaw.com 

ekim@swlaw.com 

Attorneys for Plaintiff 

/s/ Timothy M. Reynolds 

Timothy M. Reynolds 

Christy L. Anderson 

BRYAN CAVE HRO 

1801 13th Street, Suite 300 

Boulder, CO 80302-5259 

Tel.: 303.444.5955 

Fax: 303.866.0200 

timothy.reynolds@bryancave.com 

christy.anderson@bryancave.com 

Attorneys for Defendant 

Case 1:11-cv-02325-CBS Document 22 Filed 01/04/12 USDC Colorado Page 7 of 8
#103509 v4 bou

EXHIBIT A 

DECLARATION

 _______________________________________, swears or affirms and states under 

penalty of perjury: 

1. I have read the Protective Order in Jeffrey B. Staffer v. Club Holdings LLC, Civil 

Action No. 11-cv-02325-MSK-CBS, a copy of which is attached to this Declaration. 

2. I promise that I have not and will not divulge, or undertake to divulge, to any 

person or recording device any Confidential Information shown or told to me except as 

authorized in the Protective Order. I will not use the Confidential Information for any purpose 

other than for the civil action referenced above. 

3. For the purposes of enforcing the terms of the Protective Order, I hereby submit 

myself to the jurisdiction of the Court in the civil action referenced above. 

4. I will abide by the terms of the Protective Order. 

 I declare under penalty of perjury that the foregoing is true and correct. 

 Executed on (date): ________________ 

 

 (Signature) 

 (Print or Type Name) 

 Address: 

 

 Telephone No.: ( ) 

Case 1:11-cv-02325-CBS Document 22 Filed 01/04/12 USDC Colorado Page 8 of 8