IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Civil Action No. 11-cv-02527-DME-KMT 

COLORADO CASUALTY INSURANCE COMPANY 

 Plaintiff, 

v. 

BROCK USA LLC 

 Defendant. 

______________________________________________________________________________ 

STIPULATED PROTECTIVE ORDER 

Colorado Casualty Insurance Company ("Colorado Casualty") and Brock USA LLC 

("Brock") (each a "party" and collectively the "Parties") hereby stipulate and agree, pursuant to 

Rule 26(c) of the Federal Rules of Civil Procedure, to entry by the Court of the following 

Stipulated Protective Order which will order that the following procedures are to be employed in 

Case No. 11-cv-02527-DME to prevent disclosure or improper use of confidential information as 

set forth below, including non-public information disclosed or generated by the parties to certain 

litigation pending in the Supreme Court of British Columbia, Canada, entitled City of Coquitlam 

v. Athletica Sport and Recreation Design Inc, et. al., S.C.B.C. Action No. S110210, Vancouver 

Registry, and non-public information and documents concerning Colorado Casualty and Brock 

that may be produced in the course of this matter. 

UPON THE STIPULATION AND AGREEMENT OF THE PARTIES, IT IS HEREBY 

ORDERED as follows: 

1. A party to this action may designate as "Confidential Material" in the manner set 

forth in paragraph 3, any document, deposition testimony, information, or other material 

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voluntarily disclosed or sought to be discovered that counsel representing the producing party has 

determined, in good faith, to constitute (1) proprietary, confidential or trade secret information, or 

non-public information disclosed or generated by the parties in City of Coquitlam v. Athletica 

Sport and Recreation Design Inc, et. al., S.C.B.C. Action No. S110210, Vancouver Registry 

and/or (2) proprietary, confidential, trade secret or other non-public information and documents 

concerning Colorado Casualty or Brock that may be produced in the course of this matter. The 

terms of this Stipulated Protective Order govern all aspects of the procedures to be followed in 

making or challenging such designations and the terms, conditions and restrictions on the use of 

information or documents designated as Confidential Material. 

2. In the event any documents, deposition testimony, information or other material is 

sought in this litigation from any person or entity not a party to this litigation (a "non-party"), such 

non-party shall have the same rights to designate information or documents produced in this 

matter as Confidential Material as the Parties have, including the obligations imposed by this 

Stipulated Protective Order in the event that a challenge is raised against a non-party's designation 

of material as Confidential Material, and the use of Confidential Material produced by a non-party 

to the Parties shall be governed in all respects by this Stipulated Protective Order. 

3. Materials to be treated as Confidential Materials must be designated as follows: 

a. Written discovery answers. Any party wishing to designate written 

discovery answers as Confidential Material must type those answers in a 

separate document in which every page is marked with the following 

legend: 

CONFIDENTIAL pursuant to Protective Order in 

USDC Case No 1:11-cv-02527-DME 

b. Other documents. Any party wishing to designate documents other than 

written discovery answers as Confidential Material must place the legend 

set-forth in paragraph 3(a) above upon every page of any document 

containing information to be treated as Confidential Material. 

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c. Oral testimony. Any party wishing to designate deposition testimony as 

Confidential Material must either: 

i. In advance of disclosure, state that the testimony is Confidential 

Material and advise all persons present that the information is 

subject to this Stipulated Protective Order. The testimony 

designated as Confidential Material must be separately transcribed 

and marked with the legend described in paragraph 3(a). Only those 

persons designated in paragraph 4, who have complied with 

paragraph 5, if applicable, may view, listen to or read this 

testimony. 

ii. If a designation of Confidential Material is not made in advance of 

disclosure at a deposition, such designation may be made within 20 

days following the date the party seeking to designate Confidential 

Material receives the deposition transcript, by providing written 

notice of designation to all parties. All persons with copies of the 

designated portions of the deposition transcript shall then mark 

their copies with the legend described in paragraph 3(a). 

Until the 20-day period for post-deposition designation of Confidential 

Material has expired, all deposition testimony and transcripts shall be 

treated as Confidential Material. 

4. Except as set forth in this Order, Confidential Material or the contents of 

Confidential Material of another party must not be shown to, given to, discussed with, or otherwise 

disclosed to any person other than: 

a. Counsel of record for the parties and their respective partners, associates, 

paralegals and clerical personnel; 

b. Persons retained by the parties or their attorneys to assist in the prosecution 

or defense of this case (including consultants, expert consultants, witnesses, 

and third-party vendors and their employees, retained by the Parties or 

counsel who are involved in one or more aspects of copying, microfilming, 

reorganizing, filing, coding, converting, storing or retrieving data). 

c. Court reporters of depositions in this action; 

d. Persons reasonably believed to have authored, received or been aware of the 

Confidential Material or who are employees of the party which produced or 

designated the Confidential Material, provided such persons are not given a 

copy of any such Confidential Material to retain; 

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e. The Court, provided that such materials are marked Confidential Pursuant 

to Court Order and filed as a document restricted by court order pursuant to 

D.C.Colo.L.Civ.R. 7.2; and 

f. The Parties' respective officers, directors, and employees, but only to the 

extent that such disclosure is reasonably necessary for preparation of the 

case. 

5. Counsel shall not disclose Confidential Material or the contents of Confidential 

Material of the other party or a non-party to any of the persons listed in subparagraph "b" of 

paragraph 4, until that person has executed and provided to that Counsel an Affidavit in the form of 

Exhibit A attached hereto. Copies of the executed Affidavits are to be provided to opposing 

counsel upon request during the pendency of the case and upon a request made no later than 60 

days after the conclusion of this litigation, whether by final judgment or settlement. 

6. Any person obtaining access to Confidential Material or the information in those 

materials of another party, may use the information and Confidential Materials only for the 

purposes of the above-captioned action and for no other purpose. 

7. Within 90 days of the conclusion of this litigation by final judgment or settlement, 

all persons subject to the terms of this Order must: 

a. either destroy or assemble and return to the party who produced the 

Confidential Material, including depositions and deposition exhibits 

designated as Confidential Material, and all copies thereof; and 

b. destroy any outlines, summaries, abstracts, compilations, memoranda, 

documents and the like which embody, contain, or disclose the information 

in Confidential Material produced by the other party or a non-party; 

except that Counsel may retain one archival copy of court filings, depositions and documents 

marked as exhibits for depositions, containing Confidential Material, and such material will remain 

subject to this Stipulated Protective Order. 

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8. Confidential Materials and the information in them may be used in any court 

proceeding in this case including depositions, hearings and trial, subject to the rules of evidence, 

the Federal Rules of Civil Procedure and any other applicable law. Such information shall not lose 

its confidential status through such use, and the parties shall take reasonable steps to protect the 

confidentiality of such information during its use. 

9. Nothing in this Stipulated Protective Order shall require production of information 

which any Party contends is protected from disclosure by the attorney-client privilege or the work 

product immunity. If information subject to a claim of attorney-client privilege or work product 

immunity is nevertheless inadvertently produced, such production shall in no way prejudice or 

otherwise constitute a waiver of, or estoppel as to any claim of privilege or work product immunity 

for such information. If a party has inadvertently produced information subject to a claim of 

immunity or privilege, the party receiving the information shall promptly return the information 

upon its discovery of the inadvertent production, or when the claim of inadvertent production is 

made. If a party disagrees with a claim of inadvertent production, the party, after returning such 

information, may challenge the designation of the information or document as Confidential 

Material pursuant to the procedure set-forth in paragraph 12. 

10. By production of any Confidential Material or providing testimony pursuant to this 

Stipulated Protective Order, the Parties do not waive, but rather expressly reserve any and all legal 

rights, obligations, privileges, or immunities applicable to such Confidential Material and any 

corresponding testimony or information, Nothing contained in this Stipulated Protective Order 

shall affect the rights, if any, of the Parties to make any other type of objection, claim or other 

response to any discovery request, subpoena, or any question at deposition, nor shall this Stipulated 

Protective Order be construed as a waiver by the Parties of any legally cognizable privilege to 

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withhold any document or information, or of any right to which the Parties may have to assert such 

privilege at any stage of these proceedings. 

11. For good cause shown, a party may at any time seek modification or termination of 

this Order, first by seeking to obtain the consent of every other party to such modification or 

termination, and then, absent consent, by application to this Court. No party shall seek any 

modification or termination of this Stipulated Protective Order without providing the other parties 

a minimum of ten (10) days written notice. 

12. A party may challenge the designation of a party or non-party's designation of 

information or documents as Confidential Material as follows: (1) A party may object to a party or 

non-party's designation of Confidential Material by giving written notice to the party or non-party 

designating the disputed information. The written notice shall identify the disputed information 

and the basis for the objection; (2) If the party or non-party producing the disputed Confidential 

Information and the objecting party 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 Material to file an appropriate motion requesting that the Court determine whether the 

disputed information should be subject to the terms of this Stipulated Protective Order and it shall 

be the burden of the party designating the information as Confidential Material to demonstrate that 

good cause exists for the disputed information to be treated as Confidential Material; (3) If such a 

motion is timely filed, the disputed information shall be treated as Confidential Material until the 

Court rules on the motion; and (4) If the designating party does not file such a motion within ten 

business days, the disputed information shall lose its designation as Confidential Material and shall 

not thereafter be treated as Confidential Material subject to this Stipulated Protective Order. 

 

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13. Nothing in this Stipulated Protective Order constitutes a finding or admission that 

any Confidential Material or information is in fact confidential, proprietary or otherwise not 

subject to disclosure. 

14. The terms of this Stipulated Protective Order, as and if modified, shall survive 

and remain in effect after the termination or settlement of this litigation. 

DONE in OPEN COURT this 18th day of January, 2012. 

 BY THE COURT 

 ____________________________ 

 United States Magistrate Judge 

The foregoing Stipulated Protective Order is stipulated and agreed to by the parties’ 

undersigned counsel: 

Respectfully submitted this 13th day of January, 2012 

s/ Rudy E. Verner 

George V. Berg 

Rudy E. Verner 

BERG HILL GREENLEAF & RUSCITTI LLP

1712 Pearl Street 

Boulder, CO 80302 

Phone: (303) 402-1600 

Fax: (303) 402-1601 

Email: gvb@bhgrlaw.com; rev@bhgrlaw.com 

Attorneys for Brock USA LLC 

s/ Hilary D. Wells 

Hilary D. Wells, Esq. 

ROTHGERBER JOHNSON & LYONS LLP 

One Tabor Center, Suite 3000 

1200 17th Street 

Denver, CO 80202-5855 

Tel: (303) 623-9000 

Fax: (303) 623-9222 

e-mail: hwells@rothgerber.com

Attorneys for Plaintiff 

Colorado Casualty Insurance Company 

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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Civil Action No. 11-cv-02527-DME 

COLORADO CASUALTY INSURANCE COMPANY 

 Plaintiff, 

v. 

BROCK USA LLC 

 Defendant. 

______________________________________________________________________________ 

EXHIBIT A TO PROTECTIVE ORDER – CONFIDENTIALITY AGREEMENT 

I, _____________________________________, the undersigned, being duly sworn, 

hereby acknowledges that I have read the Protective Order issued by the Court in the above 

captioned civil action and I understand the terms and conditions of such Protective Order 

governing the restricted use of information and materials obtained from the Parties and provided 

to me for the sole purposes of the above captioned action, and hereby agree to keep all such 

information and materials strictly and absolutely confidential, and in all other respects to be 

bound by the terms of the Protective Order. 

My current address and telephone number is: 

 _________________________ 

 _________________________ 

 _________________________ _________________________ 

 Signature 

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STATE of _________________ ) 

 )ss. 

COUNTY of _______________ ) 

 The foregoing Confidentiality Agreement was sworn and acknowledged to before me by 

_________________________ on this day of _____________________, 20__. 

Witness my hand and official seal. 

[seal] 

 _________________________ 

 Notary Public 

My commission expires:________________________ 

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