IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02536-PAB-MEH

ELAINE CALDERON, 

Plaintiff,

v.

SAFEHOUSE PROGRESSIVE ALLIANCE FOR NONVIOLENCE,

ANNE TAPP, and

MOUNTAIN STATES EMPLOYERS COUNCIL,

Defendants.

______________________________________________________________________

PROTECTIVE ORDER

Michael E. Hegarty, United States Magistrate Judge.

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

protect the discovery and dissemination of confidential and proprietary 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, the term “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.

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 3. Information designated “CONFIDENTIAL” shall be: (i) information that is

confidential and implicates common law and statutory privacy interests of current and

former Safehouse Progressive Alliance for Nonviolence (“SPAN”) employees, SPAN

clients and/or proprietary financial or trade secret information of SPAN, and (ii)

information that is confidential and personal and implicates common law and statutory

privacy interests of Ms. Calderon, including but not limited to medical and financial

information. 

 4. CONFIDENTIAL information shall not be disclosed or used for any

purpose except the preparation and trial of this case.

 5. 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:

(a) attorneys actively working on this civil action;

(b) persons regularly employed or associated with the attorneys

actively working on this civil action whose assistance is required by

said attorneys in the preparation for trial, at trial, or at other

proceedings in this civil action;

(c) the parties (including designated representatives for each party);

(d) expert witnesses and consultants retained in connection with this

civil action, to the extent such disclosure is necessary for

preparation, trial or other proceedings in this civil action;

(e) the Court and its employees (“Court Personnel”);

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(f) stenographic reporters who are engaged in proceedings

necessarily incident to the conduct of this civil action;

(g) deponents, witnesses, or potential witnesses; and,

 (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,

stenographic reporters, deponents, and copying and/or secretarial services engaged by

attorneys), 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. 

 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 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.

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 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 (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.

 10. At the conclusion of the case, each party may immediately return

CONFIDENTIAL INFORMATION to the producing party, or, if the producing party does

not want the documents returned, the holding party may destroy the documents;

provided, however that the parties may retain the CONFIDENTIAL INFORMATION for a

three-year period following the conclusion of the case, at which time the parties may

return or destroy the documents. If a party destroys CONFIDENTIAL INFORMATION,

the destroying party shall provide all parties with an affidavit confirming the destruction.

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 11. 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 this 12th day of March, 2012, in Denver, Colorado.

BY THE COURT:

Michael E. Hegarty

United States Magistrate Judge 

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