4825-8398-2607.5

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-CV-02520-RBJ-KMT

PROFESSIONAL BULL RIDERS, INC., a Colorado 

corporation

Plaintiff,

v.

STERLING PRODUCTIONS, L.P., a North Carolina 

limited partnership

Defendant.

STIPULATED PROTECTIVE ORDER

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Plaintiff Professional Bull 

Riders, Inc. (“PBR”) and Defendant Sterling Productions, L.P. (“Sterling”), by and through their 

respective attorneys of record, hereby stipulate to entry of the following Protective Order to 

govern use and disclosure of confidential information disclosed or produced in this action: 

PROTECTIVE ORDER

The Parties recognize that, during the course of discovery and other proceedings in this 

action, it may become necessary for them to disclose certain confidential and proprietary 

information to the other party. All Parties wish to ensure that any such confidential and 

proprietary information shall not be used for any purpose other than this action, not be made 

public, or otherwise be disclosed or disseminated beyond the extent necessary for purposes of 

this action. 

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Accordingly, the Parties stipulate to and this Court orders the following procedures for 

protecting confidential and proprietary information:

A. Definitions

1. For purposes of this Protective Order, CONFIDENTIAL INFORMATION means 

any Document (as defined below) and transcripts of oral testimony or recorded statements, or 

any portion thereof, which is designated by any Party as confidential because it contains 

confidential information, trade secrets or other confidential research, development, or 

commercial information as those terms are used in Rule 26(c)(1)(G), or contains personal, 

private, and confidential information of individuals. By way of example, and not limitation, 

CONFIDENTIAL INFORMATION may be included in Documents, portions of Documents, 

electronic files, transcripts, answers to interrogatories, briefs, summaries, notes, abstracts, 

motions, drawings and any instrument, which comprises, embodies or summarizes matter that 

any Party considers confidential and desires not to be made public.

2. The term “Documents” shall mean and include, but not be limited to: (a) any 

electronically stored information, data, documents, files, programs, emails, and other electronic 

communications, regardless of format; (b) printed matter and other writings, including letters, 

correspondence, memoranda, bulletins, circulars, catalogs, publications, interoffice and/or intracorporate communications, minutes, telegrams, statements, cancelled checks, emails, contracts, 

invoices, drafts, maps, charts, specifications, guidelines, manuals, books of accounts, work 

sheets, notes of conversations, desk diaries, appointment books, expense accounts; sketches, 

drawings, notes, blueprints, disclosures, data, reports, work assignments, instructions, and 

compilations from which information can be obtained and translated; and (c) other tangible 

things, including, photographs, motion pictures, videotapes, and models.

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B. Designation of Information

3. If any Party intends to produce Documents, provide discovery responses or 

testimony that the producing Party deems to contain or include CONFIDENTIAL 

INFORMATION and wishes such Document, discovery responses, or testimony to be subject to 

this Protective Order, the producing Party shall designate confidentiality by marking the 

Documents, testimony, or discovery responses “CONFIDENTIAL” at the time it is provided to 

the receiving Party. Any copy made of such Documents or other materials shall also bear on its 

face the legend “CONFIDENTIAL.” Such designation shall be made only upon the designating 

Party’s good faith and well founded belief that the material constitutes CONFIDENTIAL 

INFORMATION as defined above. 

4. Any Party may also designate particularly sensitive Documents and other 

information as “CONFIDENTIAL FOR ATTORNEYS’ EYES ONLY” by so marking or 

designating it in good faith. All Documents or information designated “CONFIDENTIAL FOR 

ATTORNEYS’ EYES ONLY” are included within the meaning of “CONFIDENTIAL 

INFORMATION” as used in this Protective Order and, except as otherwise provided herein, all 

provisions set forth in this Protective Order applicable to “CONFIDENTIAL INFORMATION” 

also apply to Documents or information designated “CONFIDENTIAL FOR ATTORNEYS’ 

EYES ONLY,” except that “CONFIDENTIAL FOR ATTORNEYS’ EYES ONLY” Documents 

and information shall not be shown, disclosed, or communicated by the receiving Party in any 

way to anyone other than those persons described in paragraphs 9(i) herein. Such designation 

shall be made only upon the designating Party’s good faith and well founded belief that the 

information constitutes highly sensitive financial information, trade secrets or other highly 

confidential proprietary or personal information.

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5. It is contemplated that one or more of the Parties may make certain Documents 

available for review and inspection by the opposing Party, and that such Documents may contain 

confidential as well as nonconfidential material, and that following such inspection the 

inspecting Party will request Documents to be copied and furnished to the inspecting Party. All

Documents and their contents made available for such inspection in this manner shall be treated 

as containing CONFIDENTIAL INFORMATION until the producing Party has had the 

opportunity to designate and mark selected Documents as CONFIDENTIAL or 

CONFIDENTIAL FOR ATTORNEYS EYES ONLY according to paragraphs 3 and 4 hereof.

6. If, during the course of discovery in this action, the Parties hereto, or their 

representatives, are authorized to inspect another Party’s facilities, processes, or products, any 

Documents or things generated as a consequence of any such inspection by the inspecting Party, 

subject to the other provisions of this Protective Order, shall be deemed to comprise or to be 

CONFIDENTIAL or CONFIDENTIAL FOR ATTORNEYS EYES ONLY as designated by the 

Party whose facilities, etc. are being inspected, and shall be treated as such.

7. Whenever a deposition taken on behalf of any Party hereto involves a disclosure 

of CONFIDENTIAL INFORMATION of another Party, the following procedure shall be 

implemented:

(a) During the deposition, counsel for the Party whose CONFIDENTIAL 

INFORMATION is subject to disclosure may state that the testimony is 

CONFIDENTIAL or CONFIDENTIAL FOR ATTORNEYS EYES ONLY and 

advise all persons present that the information is subject to this Protective Order. 

Only those persons authorized to receive disclosures of such CONFIDENTIAL 

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INFORMATION as provided in paragraphs 4, 9, and 10 hereof shall be permitted 

to listen to or read testimony so designated.

(b) If a designation of CONFIDENTIAL INFORMATION is not made during a 

deposition, a Party may designate the deposition or parts thereof as 

CONFIDENTIAL or CONFIDENTIAL FOR ATTORNEYS EYES ONLY by 

written notice to the other Party and the court reporter within 30 days of the 

mailing of this deposition. All persons with copies of the deposition transcript 

shall then mark their copies with the above legend. If a Party or its counsel 

discloses any deposition transcripts that are subsequently designated as 

CONFIDENTIAL or CONFIDENTIAL FOR ATTORNEYS EYES ONLY in 

accordance with this provision, then such Party and counsel shall make all 

reasonable and good faith efforts to recover the disclosed CONFIDENTIAL 

INFORMATION and protect it under the terms of this Protective Order. 

8. In the event that any Documents that have been designated CONFIDENTIAL or 

CONFIDENTIAL ATTONREYS’ EYES ONLY are included with or the contents thereof are in 

any way disclosed in any pleading, motion, deposition transcript, or other paper filed with the 

clerk of the court, such Documents and related materials shall be filed Pursuant to 

D.C.Colo.LCivR 7.2 to restrict access to such Documents and materials.

C. Use of CONFIDENTIAL INFORMATION

9. All material produced by any Party pursuant to pretrial discovery in this action 

that is designated by the producing Party as CONFIDENTIAL or CONFIDENTIAL 

ATTORNEYS’ EYES ONLY, including any summaries, abstracts or other Documents derived 

in whole or in part from such Documents, shall be maintained in confidence according to the 

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terms of this Protective Order by the receiving Party and used solely in the preparation, 

prosecution, settlement, or trial of this action. Subject to the provisions of paragraphs 9 and 10 

hereof, CONFIDENTIAL INFORMATION shall only be disclosed by the receiving Party to:

(a) the Party who designated the Document or materials as 

CONFIDENTIAL;

(b) a current employee or other representative of a Party who 

designated the Document or materials as CONFIDENTIAL and who is authorized 

by such designating Party to receive the CONFIDENTIAL INFORMATION;

(c) a person or non-Party entity that authored or received the item 

prior to its production in this litigation;

(d) outside or in-house counsel of record for either Party (including 

stenographic, clerical and paralegal employees of outside counsel) and outside 

companies engaged by them such as independent copying companies, temporary 

services, professional photographers and/or photographic studios;

(e) the Court and its officers;

(f) outside independent experts and consultants, subject to the 

provisions of paragraph 10 of this Protective Order;

(g) court reporters used during the course of this litigation; 

(h) employees of the receiving Party only on a need to know basis; and

(i) Documents and materials designated as CONFIDENTIAL FOR 

ATTORNEYS’ EYES ONLY shall be disclosed only to those persons designated 

in subparagraph (a), (b), (d), (e), and (g) above.

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D. Right to Object to Designation

10. The receipt of any Document or other materials designated as CONFIDENTIAL 

or CONFIDENTIAL ATTORNEYS’ EYES ONLY by a Party shall not be construed as an 

agreement by any other Party that any such Document or other materials are in fact confidential, 

and shall not operate as a waiver of any Party’s right to challenge any such designation as 

provided herein. 

11. The Parties shall act in good faith in designating information and materials as 

CONFIDENTIAL or CONFIDENTIAL ATTORNEYS’ EYES ONLY. A Party may object to 

the designation of particular CONFIDENTIAL or CONFIDENTIAL ATTORNEYS’ EYES 

ONLY information by giving written notice to the Party designating the disputed information. 

Any objection to the designation shall be reasonable and in good faith, and the written notice 

shall identify with reasonable particularity 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

or CONFIDENTIAL ATTORNEYS’ EYES ONLY 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 filed within thirty (30) days after the Parties were unable to 

resolve the designation dispute, the disputed information shall be treated as CONFIDENTIAL or 

CONFIDENTIAL ATTORNEYS’ EYES ONLY 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 or 

CONFIDENTIAL ATTORNEYS’ EYES ONLY and shall not thereafter be treated as 

CONFIDENTIAL or CONFIDENTIAL ATTORNEYS’ EYES ONLY in accordance with this 

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

the information as CONFIDENTIAL or CONFIDENTIAL ATTORNEYS’ EYES ONLY shall 

bear the burden of establishing that good cause exists for the disputed information to be treated 

as CONFIDENTIAL or CONFIDENTIAL ATTORNEYS’ EYES ONLY.

12. If a Party lists a Document subject to this Protective Order on any trial exhibit list 

or in a pretrial order, a Party seeking to maintain the protections of this Protective Order must 

within 30 days thereof file an appropriate pleading with the Court in support of further protection 

should such Party require such for trial on the merits.

13. No Party shall be obligated to challenge the propriety or correctness of the 

designation of information as CONFIDENTIAL or CONFIDENTIAL ATTORNEYS’ EYES 

ONLY and a failure to do so shall not preclude a subsequent challenge to such status. The 

burden of proof with respect to the propriety or correctness in the designation of information as 

CONFIDENTIAL or CONFIDENTIAL ATTORNEYS’ EYES ONLY shall rest on the 

designating Party.

E. Information Inadvertently Disclosed

14. If a producing Party inadvertently discloses to receiving Party any Document or 

other materials containing information that the producing Party deems confidential without 

designating it as CONFIDENTIAL or CONFIDENTIAL ATTORNEYS’ EYES ONLY, the 

producing Party shall upon discovery of such inadvertent disclosure promptly inform the 

receiving Party in writing that Documents should be marked as CONFIDENTIAL or 

CONFIDENTIAL ATTORNEYS’ EYES ONLY and the receiving Party shall thereafter treat the 

Document and other materials as CONFIDENTIAL or CONFIDENTIAL ATTORNEYS’ EYES 

ONLY under this Protective Order. Notice given within, at least, 30 days after discovery of the 

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inadvertent disclosure shall be considered prompt notice. To the extent such Document or other 

materials may have been disclosed to persons other than authorized persons described in this 

Protective Order, the receiving Party shall make every reasonable effort to retrieve the Document

or other materials promptly from such persons and to limit any further disclosure to unauthorized 

persons.

F. Privileged Materials

15. Nothing in this Protective Order shall be construed to require the disclosure of 

material that is protected from disclosure by the attorney-client privilege or the attorney work 

product doctrine and shall not operate as a waiver of any Party’s obligation to prove and/or 

support any such designation as provided herein.

16. If a producing Party inadvertently discloses to receiving Party information that is 

privileged or otherwise immune from discovery, said producing Party shall so advise the 

receiving Party within 10 days of discovery of such disclosure in writing and request that the 

item or items of information be returned, and no Party to this action shall thereafter assert that 

such inadvertent disclosure waived any privilege or immunity. It is further agreed that the 

receiving Party will return such inadvertently produced item or items of information and all 

copies thereof within ten (10) days of receiving a written request for the return of such item or 

items of information. The Party having returned such inadvertently produced item or items of 

information may thereafter, without asserting waiver because of inadvertent production, seek 

production of any such Documents in accordance with the Federal Rules of Civil Procedure.

G. Termination of Litigation or Settlement

17. Within 90 days of the conclusion or final settlement of this litigation and any 

appeal thereof, all persons subject to the terms hereof shall destroy or assemble and return to the 

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Party who produced the Documents or other materials designated as CONFIDENTIAL or 

CONFIDENTIAL ATTORNEYS’ EYES ONLY, all such Documents and other materials 

including depositions and deposition exhibits, and shall destroy any outlines, summaries, 

abstracts, compilations, memoranda, Documents and the like, which constitute, embody, contain, 

or disclose the contents of any CONFIDENTIAL INFORMATION; except that Counsel for the 

Parties may retain one archival copy of materials that they believe are required to satisfy their 

ethical obligations to retain client- or case-related materials, including, one copy of court filings 

deposition and trial transcripts (including one copy of exhibits thereto), attorney notes and other 

work product, provided all such retained materials remain subject to this Protective Order.

H. Additional Protection of CONFIDENTIAL INFORMATION

18. Nothing in the foregoing provisions of this Protective Order shall be deemed to 

preclude any Party from seeking and obtaining, on an appropriate showing, additional protection 

with respect to the confidentiality of Documents or other discovery material, or relief from this 

Protective Order with respect to particular material designated hereunder.

I. Obligations of Parties

19. Each of the Parties and their counsel of record undertakes to abide by and be 

bound by the provisions of this Protective Order and to use due care to see that its provisions are 

known and adhered to by those under its supervision or control.

20. Nothing in this Protective Order shall bar counsel from rendering advice to their 

client with respect to this litigation and, in the course thereof, relying upon any Documents, 

things, or information designated CONFIDENTIAL, provided that such rendering of advice or 

opinions shall not unnecessarily reveal the content of such information except pursuant to this 

agreement or other prior written agreement with opposing counsel.

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ORDERED THIS 2nd day of April, 2012.

U.S. District Court Judge 

Respectfully submitted this 30th day of March, 2012 by:

KUTAK ROCK LLP

By: s/ Neil L. Arney

Neil L. Arney

1801 California Street, Suite 3100

Denver, CO 80202-2626

Tele: (303) 297-2400

email: neil.arney@kutakrock.com

Juliet A. Cox

1010 Grand, Suite 500

Kansas City, MO 64106

Tele: (816) 502-4631

ATTORNEYS FOR PLAINTIFF 

PROFESSIONAL BULL RIDERS, INC.

LEVY WHEELER & WATERS, P.C

By:s/ Joshua R. Proctor

Joshua R. Proctor

6400 South Fiddlers Green Circle

Plaza Tower One #900

Greenwood Village, CO 80111

Tele: (303) 796-2900

ATTORNEY FOR DEFENDANT STERLING 

PRODUCTIONS, INC.

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CERTIFICATE OF SERVICE

I hereby certify that on this 30th day of March, 2012, I caused a true and correct copy of 

the foregoing to be served upon all counsel of record via ECF, and such documents is available 

for viewing and downloading from the ECF system:

Marc R. Levy, Esq.

Joshua R. Proctor, Esq.

Levy Wheeler Waters P.C.

Plaza Tower One, Suite 900

6400 S. Fiddlers Green Circle

Greenwood Village, CO 80111

mlevy@lwwlaw.com

jproctor@lwwlaw.com

Attorneys for Defendant

Bruce J. Rose, Esq.

George M. Taulbee, Esq.

Alston & Bird LLP

Bank of America Plaza

101 S. Tryon Street, Suite 4000

Charlotte, NC 28280-4000

bruce.rose@alston.com

george.taulbee@alston.com

Attorneys for Defendant

s/ Edna Slagle

Edna Slagle

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