IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Civil Action No. 11-cv-02104-REB-CBS 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, 

Plaintiff, 

v. 

THE CHILDREN’S HOSPITAL ASSOCIATION, 

Defendant. 

STIPULATED PROTECTIVE ORDER 

 This matter comes before the Court on the parties’ Stipulated Motion for Entry of 

Protective Order. The Court has reviewed that Motion. The parties have shown good cause in 

support of the entry of a protective order to protect the discovery and dissemination of 

confidential information. Therefore, 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, “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 information that implicates common 

law and statutory privacy and/or confidentiality interests such as: (a) personnel and medical 

records of current or former employees of Defendant; (b) Defendant’s patient’s records, (c) 

Defendant’s trade secrets, proprietary information, and commercial or financial information that 

are either privileged or confidential (c) Cecilia McMurray’s medical, financial, and tax records. 

CONFIDENTIAL information shall not be disclosed or used for any purpose except for the 

preparation and trial of this case. 

 4. 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 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, including the designated representatives for Defendant; 

(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. 

 5. Prior to disclosing any CONFIDENTIAL information to any person listed above 

(other than counsel, persons employed by counsel, Court Personnel, deponents, and stenographic 

reporters), counsel shall provide such person with a copy of this Protective Order, explain the 

person’s obligations under the Protective Order, and obtain the person’s agreement to comply 

with the Protective Order. 

6. 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.” 

 7. Before any information is designated “CONFIDENTIAL,” counsel of record for 

the designating party must first review the information and make a determination, in good faith, 

that the documents and/or information are confidential or otherwise entitled to protection under 

Fed. R. Civ. P. 26(c). 

 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. 

 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 

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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, within thirty (30) days after the time the notice is received, 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. If the EEOC receives a Freedom of Information Act (“FOIA”) request for 

materials related to this case, it may comply with that request notwithstanding the designation of 

certain documents as being deemed CONFIDENTIAL pursuant to this order. However, the 

EEOC shall withhold production of all documents pursuant to any and all exemptions allowed 

for by FOIA. 

 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. 

 

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ORDERED this 24th day of January 2012. 

 BY THE COURT: 

 s/Craig B. Shaffer 

 Craig B. Shaffer 

 U.S. Magistrate Judge 

AGREED AND APPROVED: 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 

By: /s Stephanie Struble

Stephanie Struble 

D. Andrew Winston 

Denver Field Office 

303 E. 17th Ave., Suite 410 

Denver, CO 80203 

(303) 866-1381 

Stephanie.Struble@eeoc.gov

Andrew.Winston@eeoc.gov

Fax: 303.866.1375 

Attorneys for Plaintiff EEOC 

By: __/s Jeff Walsh________ 

 Dan Friesen 

 Jeff Walsh 

 Friesen Lamb 

 1675 Larimer Street, Suite 675 

 Denver, CO 80202 

 Telephone: (720) 904-6000 

 Facsimile: (720) 904-6006 

 Dfriesen@friesenlamb.com 

 jwalsh@friesenlamb.com 

 Attorneys for Defendant

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