UNITED STATES DISTRICT COURT

DISTRICT OF COLORADO

Case No. 11-CV-2435 WJM-BNB

NATIONAL ASSOCIATION OF

INVESTORS CORPORATION, 

Plaintiff,

v.

BIVIO, INC.,

BIVIO SOFTWARE ARTISANS, INC. 

and ROBERT NAGLER,

Defendants.

[PROPOSED] PROTECTIVE ORDER

1. PURPOSES AND LIMITATIONS

1.1. Disclosure and discovery activity in this action are likely to involve production of

confidential, proprietary, or private information for which special protection from public disclosure

and from use for any purpose other than prosecuting this litigation would be warranted. Accordingly,

the Court enters the following Protective Order. This Order does not confer blanket protections on all

disclosures or responses to discovery, and that the protection it affords extends only to the limited

information or items that are entitled under the applicable legal principles to treatment as confidential.

2. DEFINITIONS

2.1 Party: any party to this action, including all of its officers, directors, employees,

consultants, retained experts, and outside counsel (and their support staff).

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 1 of 17
2.2 Disclosure or Discovery Material: all items or information, regardless of the medium

or manner generated, stored, or maintained (including, among other things, testimony, transcripts, or

tangible things) that are produced or generated in disclosures or responses to discovery in this matter.

2.3 “Confidential” Information or Items:”: information (regardless of how generated,

stored or maintained) or tangible things that qualify for protection under standards developed under

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

2.4 “Highly Confidential – Attorneys’ Eyes Only” Information or Items: extremely

sensitive “Confidential Information or Items” whose disclosure to another Party or nonparty would

create a substantial risk of serious injury that could not be avoided by less restrictive means.

2.5 Receiving Party: a Party that receives Disclosure or Discovery Material from a

Producing Party.

2.6 Producing Party: a Party or non-party that produces Disclosure or Discovery Material

in this action.

2.7 Designating Party: a Party or non-party that designates information or items that it

produces in disclosures or in responses to discovery as “Confidential” or “Highly Confidential —

Attorneys’ Eyes Only.”

2.8 Protected Material: any Disclosure or Discovery Material that is designated as

“Confidential” or as “Highly Confidential – Attorneys’ Eyes Only” or “Highly Confidential - Outside

Counsel’s Eyes Only.”

2.9 Outside Counsel: attorneys who are not employees of a Party but who are retained to

represent or advise a Party in this action.

2.10 House Counsel: attorneys who are employees of a Party. 

2.11 Counsel (without qualifier): Outside Counsel and House Counsel (as well as their

support staffs).

2.12 Expert: a person with specialized knowledge or experience in a matter pertinent to the

litigation who has been retained by a Party or its counsel to serve as an expert witness or as a

consultant in this action.

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 2 of 17
2.13 Professional Vendors: persons or entities that provide litigation support services (e.g.,

photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing,

retrieving data in any form or medium; etc.) and their employees and subcontractors.

2.14: Highly Confidential - Outside Counsel’s Eyes Only: extremely sensitive “Confidential

Information or Items” whose disclosure to another Party, nonparty or House Counsel would create a

substantial risk of serious injury that could not be avoided by less restrictive means.

3. SCOPE

3.1. The protections conferred by this Stipulation and Order cover not only Protected

Material (as defined above), but also any information copied or extracted therefrom, as well as all

copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations

by parties or counsel to or in court or in other settings that might reveal Protected Material.

4. DURATION

4.1. Even after the termination of this litigation, the confidentiality obligations imposed by

this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

otherwise directs.

5. DESIGNATING PROTECTED MATERIAL

5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party or

non-party that designates information or items for protection under this Order must take care to limit

any such designation to specific material that qualifies under the appropriate standards. A Designating

Party must take care to designate for protection only those parts of material, documents, items, or oral

or written communications that qualify – so that other portions of the material, documents, items, or

communications for which protection is not warranted are not swept unjustifiably within the ambit of

this Order. Any attorney designating any material under this Order (a) shall review all such materials

before making any designation and (b) certifies that he or she has formed a good faith belief that the

information is confidential or otherwise entitled to protection.

Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown

to be clearly unjustified, or that have been made for an improper purpose (e.g., to unnecessarily

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 3 of 17
encumber or retard the case development process, or to impose unnecessary expenses and burdens on

other parties), expose the Designating Party to sanctions.

If it comes to a Party’s or a non-party’s attention that information or items that it designated

for protection do not qualify for protection at all, or do not qualify for the level of protection initially

asserted, that Party or non-party must promptly notify all other parties that it is withdrawing the

mistaken designation.

5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see,

e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered, material that

qualifies for protection under this Order must be clearly so designated before the material is disclosed

or produced.

Designation in conformity with this Order requires:

(a) for information in documentary form (apart from transcripts of depositions or

other pretrial or trial proceedings), that the Producing Party affix the legend

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or

“HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” to the file, folder,

document or page that contains protected material. If only a portion or portions of the material

 qualifies for protection, the Producing Party also must clearly identify the protected

portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each

portion, the level of protection being asserted (either “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL -

OUTSIDE COUNSEL’S EYES ONLY”).

A Party or non-party that makes original documents or materials available for

inspection need not designate them for protection until after the inspecting Party has indicated

which material it would like copied and produced. During the inspection and before the

designation, all of the material made available for inspection shall be deemed “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified

the material it wants copied and produced, the Producing Party must determine which

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 4 of 17
material, or portions thereof, qualify for protection under this Order, then, before producing

the specified material, the Producing Party must affix the appropriate legend

(“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or

“HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY”) on the file, folder,

document or page that contains Protected Material. If only a portion or portions of the

material qualifies for protection, the Producing Party also must clearly identify the protected

portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each

portion, the level of protection being asserted (either “CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL -

OUTSIDE COUNSEL’S EYES ONLY”).

(b) for testimony given in deposition or in other pretrial or trial proceedings, that

the Party or non-party offering or sponsoring the testimony identify on the record, before the

close of the deposition, hearing, or other proceeding, all protected testimony, and further

specify any portions of the testimony that qualify as “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL’S

EYES ONLY.” When it is impractical to identify separately each portion of testimony that is

entitled to protection, and when it appears that substantial portions of the testimony may

qualify for protection, the Party or non-party that sponsors, offers, or gives the testimony may

invoke on the record (before the deposition or proceeding is concluded) a right to have up to

20 days to identify the specific portions of the testimony as to which protection is sought and

to specify the level of protection being asserted (“CONFIDENTIAL” or “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL -

OUTSIDE COUNSEL’S EYES ONLY”). Only those portions of the testimony that are

appropriately designated for protection within the 20 days shall be covered by the provisions

of this Protective Order.

Transcript pages containing Protected Material must be separately bound by the court

reporter, who must affix to the top of each such page the legend “CONFIDENTIAL” or

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 5 of 17
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY

CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” as instructed by the

Designating Party.

(c) for information produced in some form other than documentary, and for any

other tangible items, that the Producing Party affix in a prominent place on the exterior of the

container or containers in which the information or item is stored the legend

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or

“HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY.” If only portions of

the information or item warrant protection, the Producing Party, to the extent practicable,

shall identify the protected portions, and specify, for each portion, the level of protection

being asserted (either “Confidential” or as “Highly Confidential – Attorneys’ Eyes Only”).

5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

designate qualified information or items as “Confidential” or “Highly Confidential – Attorneys’ Eyes

Only” or “Highly Confidential - Outside Counsel’s Eyes Only” does not, standing alone, waive the

Designating Party’s right to secure protection under this Order for such material. If material is

appropriately designated as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” or

“Highly Confidential - Outside Counsel’s Eyes Only” after the material was initially produced, the

Receiving Party, on timely notification of the designation, must make reasonable efforts to assure that

the material is treated in accordance with the provisions of this Order.

6. CHALLENGING CONFIDENTIALITY DESIGNATIONS

6.1 Timing of Challenges. Unless a prompt challenge to a Designating Party’s

confidentiality designation is necessary to avoid foreseeable substantial unfairness, unnecessary

economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive its

right to challenge a confidentiality designation by electing not to mount a challenge promptly after the

original designation is disclosed.

6.2 Meet and Confer. A Party that elects to initiate a challenge to a Designating Party’s

confidentiality designation must do so in good faith and must begin the process by conferring directly

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 6 of 17
(in voice to voice dialogue; other forms of communication are not sufficient) with counsel for the

Designating Party. In conferring, the challenging Party must explain the basis for its belief that the

confidentiality designation was not proper and must give the Designating Party an opportunity to

review the designated material, to reconsider the circumstances, and, if no change in designation is

offered, to explain the basis for the chosen designation. A challenging Party may proceed to the next

stage of the challenge process only if it has engaged in this meet and confer process first.

6.3 Judicial Intervention. A Party that elects to press a challenge to a confidentiality

designation after considering the justification offered by the Designating Party may file and serve a

motion that identifies the challenged material and sets forth in detail the basis for the challenge. Each

such motion must be accompanied by a competent declaration that affirms that the movant has

complied with the meet and confer requirements imposed in the preceding paragraph and that sets

forth with specificity the justification for the confidentiality designation that was given by the

Designating Party in the meet and confer dialogue.

The burden of persuasion in any such challenge proceeding shall be on the Designating Party.

Until the court rules on the challenge, all parties shall continue to afford the material in question the

level of protection to which it is entitled under the Producing Party’s designation.

6.2 Challenge Procedure. 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

Order. If such a motion is timely filed, the disputed information shall be treated as CONFIDENTIAL

under the terms of this 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

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

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 7 of 17
CONFIDENTIAL shall bear the burden of establishing that good cause exists for the disputed

information to be treated as CONFIDENTIAL.

7. ACCESS TO AND USE OF PROTECTED MATERIAL

7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or

produced by another Party or by a non-party in connection with this case only for prosecuting,

defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the

categories of persons and under the conditions described in this Order. When the litigation has been

terminated, a Receiving Party must comply with the provisions of section 11, below (FINAL

DISPOSITION).

Protected Material must be stored and maintained by a Receiving Party at a location and in a

secure manner that ensures that access is limited to the persons authorized under this Order.

7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by

the court or permitted in writing by the Designating Party, a Receiving Party may disclose any

information or item designated CONFIDENTIAL only to:

(a) the Receiving Party’s Outside Counsel of record in this action, as well as

employees of said Counsel to whom it is reasonably necessary to disclose the information for

this litigation;

(b) the officers, directors, and employees (including House Counsel) of the

Receiving Party to whom disclosure is reasonably necessary for this litigation;

(c) experts (as defined in this Order) of the Receiving Party to whom disclosure is

reasonably necessary for this litigation and who have signed the “Agreement to Be Bound by

Protective Order” (Exhibit A);

(d) the Court and its personnel;

(e) court reporters, their staffs, and professional vendors to whom disclosure is

reasonably necessary for this litigation and who have signed the “Agreement to Be Bound by

Protective Order” (Exhibit A);

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 8 of 17
(f) during their depositions, witnesses in the action and their attorneys present at

the deposition to whom disclosure is reasonably necessary and who have signed the

“Agreement to Be Bound by Protective Order” (Exhibit A) except that if a witness is

represented by Counsel, Counsel need not sign the "Agreement to be Bound by Protective

Order." Pages of transcribed deposition testimony or exhibits to depositions that reveal

Protected Material must be separately bound by the court reporter and may not be disclosed to

anyone except as permitted under this Protective Order.

(g) the author of the document or the original source of the information.

7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

Information or Items. Unless otherwise ordered by the court or permitted in writing by the

Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:

(a) the Receiving Party’s Outside Counsel of record in this action, as well as

employees of said Counsel to whom it is reasonably necessary to disclose the information for

this litigation;

(b) House Counsel of a Receiving Party to whom disclosure is reasonably

necessary for this litigation;

(c) Experts (as defined in this Order) (1) to whom disclosure is reasonably

necessary for this litigation, (2) who have signed the “Agreement to Be Bound by Protective

Order” (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.4, below, have

been followed;

(d) the Court and its personnel;

(e) court reporters, their staffs, and professional vendors to whom disclosure is

reasonably necessary for this litigation and who have signed the “Agreement to Be Bound by

Protective Order” (Exhibit A); and

(f) the author of the document or the original source of the information.

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 9 of 17
7.3a Disclosure of “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL’S EYES

ONLY” Information or Items. Unless otherwise ordered by the court or permitted in writing by the

Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY

CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” only to:

(a) the Receiving Party’s Outside Counsel of record in this action, as well as

employees of said Counsel to whom it is reasonably necessary to disclose the information for

this litigation;

(b) Experts (as defined in this Order) (1) to whom disclosure is reasonably

necessary for this litigation, (2) who have signed the “Agreement to Be Bound by Protective

Order” (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.4, below, have

been followed;

(c) the Court and its personnel;

(d) court reporters, their staffs, and professional vendors to whom disclosure is

reasonably necessary for this litigation and who have signed the “Agreement to Be Bound by

Protective Order” (Exhibit A); and

(e) the author of the document or the original source of the information.

7.4 Procedures for Approving Disclosure of “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL’S EYES

ONLY” Information or Items to “Experts”

(a) Unless otherwise ordered by the court or agreed in writing by the Designating

Party, a Party that seeks to disclose to an “Expert” (as defined in this Order) any information

or item that has been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY” or “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” first

must make a written request to the Designating Party that (1) identifies the specific HIGHLY

CONFIDENTIAL information that the Receiving Party seeks permission to disclose to the

Expert, (2) sets forth the full name of the Expert and the city and state of his or her primary

residence, (3) attaches a copy of the Expert’s current resume, (4) identifies the Expert’s

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 10 of 17
current employer(s), (5) identifies each person or entity from whom the Expert has received

compensation for work in his or her areas of expertise or to whom the expert has provided

professional services at any time during the preceding five years, and (6) identifies (by name

and number of the case, filing date, and location of court) any litigation in connection with

which the Expert has provided any professional services during the preceding five years.

(b) A Party that makes a request and provides the information specified in the

preceding paragraph may disclose the subject Protected Material to the identified Expert

unless, within seven court days of delivering the request, the Party receives a written

objection from the Designating Party. Any such objection must set forth in detail the grounds

on which it is based.

(c) A Party that receives a timely written objection must meet and confer with the

Designating Party (through direct voice to voice dialogue) to try to resolve the matter by

agreement. If no agreement is reached, the Party seeking to make the disclosure to the Expert

may file a motion seeking permission from the court to do so. Any such motion must describe

the circumstances with specificity, set forth in detail the reasons for which the disclosure to

the Expert is reasonably necessary, assess the risk of harm that the disclosure would entail and

suggest any additional means that might be used to reduce that risk. In addition, any such

motion must be accompanied by a competent declaration in which the movant describes the

parties’ efforts to resolve the matter by agreement (i.e., the extent and the content of the meet

and confer discussions) and sets forth the reasons advanced by the Designating Party for its

refusal to approve the disclosure.

In any such proceeding the Party opposing disclosure to the Expert shall bear the

burden of proving that the risk of harm that the disclosure would entail (under the safeguards

proposed) outweighs the Receiving Party’s need to disclose the Protected Material to its

Expert.

6. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

LITIGATION

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 11 of 17
If a Receiving Party is served with a subpoena or an order issued in other litigation that would

compel disclosure of any information or items designated in this action as “CONFIDENTIAL” or

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL -

OUTSIDE COUNSEL’S EYES ONLY,” the Receiving Party must so notify the Designating Party,

in writing (by fax or electronic mail, if possible) immediately and in no event more than three court

days after receiving the subpoena or order. Such notification must include a copy of the subpoena or

court order.

The Receiving Party also must immediately inform in writing the Party who caused the

subpoena or order to issue in the other litigation that some or all the material covered by the subpoena

or order is the subject of this Protective Order. In addition, the Receiving Party must deliver a copy of

this Protective Order promptly to the Party in the other action that caused the subpoena or order to

issue.

The purpose of imposing these duties is to alert the interested parties to the existence of this

Protective Order and to afford the Designating Party in this case an opportunity to try to protect its

confidentiality interests in the court from which the subpoena or order issued. The Designating Party

shall bear the burdens and the expenses of seeking protection in that court of its confidential material

– and nothing in these provisions should be construed as authorizing or encouraging a Receiving

Party in this action to disobey a lawful directive from another court.

7. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

Material to any person or in any circumstance not authorized under this Protective Order, the

Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized

disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) inform the

person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d)

request such person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is

attached hereto as Exhibit A.

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 12 of 17
8. USE OF CONFIDENTIAL MATERIAL IN COURT PROCEEDINGS

Without written permission from the Designating Party or a court order secured after

appropriate notice to all interested persons, a Party may not file in the public record in this action any

Protected Material. In the event Confidential Information is used in any court filing or

proceeding in this action, including but not limited to its use at trial, it shall not lose its

confidential status as between the parties through such use. Confidential Information and

pleadings or briefs quoting or discussing Confidential Information will not be accepted for filing

“under seal” or otherwise kept out of the public record in this action, however, except by court

order issued upon motion of the party seeking to file the documents under seal. Any motion

requesting leave to file documents under seal shall comply with the requirements of

D.C.COLO.LCivR 7.2 and demonstrate that the Confidential Information at issue is entitled to

protection under the standards articulated in Nixon v. Warner Communications, Inc., 435 U.S.

589, 598-602 (1978)(applied in United States v. Hickey, 767 F.2d 705, 708 (10th Cir. 1985) and

Crystal Grower’s Corp. v. Dobbins, 616 F.2d 458, 461 (10th Cir. 1980)).

A party may seek to restrict access to Confidential Information as provided in 

D.C.COLO.LCivR 7.2.

9. FINAL DISPOSITION

Unless otherwise ordered or agreed in writing by the Producing Party, within sixty days after

the final termination of this action, each Receiving Party must return all Protected Material to the

Producing Party. As used in this subdivision, “all Protected Material” includes all copies, abstracts,

compilations, summaries or any other form of reproducing or capturing any of the Protected Material.

With permission in writing from the Designating Party, the Receiving Party may destroy some or all

of the Protected Material instead of returning it. Whether the Protected Material is returned or

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 13 of 17
destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not

the same person or entity, to the Designating Party) by the sixty day deadline that identifies (by

category, where appropriate) all the Protected Material that was returned or destroyed and that affirms

that the Receiving Party has not retained any copies, abstracts, compilations, summaries or other

forms of reproducing or capturing any of the Protected Material. Notwithstanding this provision,

Counsel are entitled to retain an archival copy of all pleadings, motion papers, transcripts, legal

memoranda, correspondence or attorney work product, even if such materials contain Protected

Material. Any such archival copies that contain or constitute Protected Material remain subject to this

Protective Order as set forth in Section 4 (DURATION), above.

10. MISCELLANEOUS

12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek

its modification by the Court in the future.

12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order

no Party waives any right it otherwise would have to object to disclosing or producing any

information or item on any ground not addressed in this Protective Order. Similarly, no Party waives

any right to 

object on any ground to use in evidence of any of the material covered by this Protective Order.

SO ORDERED.

Dated March 26, 2012.

BY THE COURT:

 s/ Boyd N. Boland 

United States Magistrate Judge

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 14 of 17
IT IS SO STIPLUATED.

DATED: March 26, 2012 Respectfully submitted,

LEXANALYTICA, PC

/s/ Perry J. Narancic 

By: Perry J. Narancic (CA Bar # 206820)

 

1730 S. El Camino Real, Suite 270

San Mateo, CA 94402

Tel: 650-814-7688

Fax: 650-215-2971

pjn@lexanalytica.com

Attorneys for Plaintiff

NATIONAL ASSOCIATION OF INVESTORS

CORPORATION

BLAND LAW OFFICES, PC

/s/ Richard Bland 

By: Richard Bland

 

1847 White Feather Drive

Longmont, CO 80504

Tel: 720-684-6055

Fax: 866-855-0184

Rblandlaw@comcast.net

Attorneys for BIVIO, INC.,

BIVIO SOFTWARE ARTISANS, INC. 

and ROBERT NAGLER

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 15 of 17
IT IS ORDERED AS STIPULATED.

DATED: __________, 2012

_______________________________________________________

Magistrate Judge Boyd N. Boland

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 16 of 17
EXHIBIT A

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

I, _____________________________ [print or type full name], of

_____________________________________________________________________ [print or

type full address], declare under penalty of perjury that I have read in its entirety and understand

the Protective Order that was issued by the United States District Court for the District of

Colorado on ________, 2012 in the case of National Association of Investors Corporation v.

Bivio, Inc., et al., Case No. 11-CV-2435 WJM-BNB. I agree to comply with and to be bound by

all the terms of this Protective Order and I understand and acknowledge that failure to so comply

could expose me to sanctions and punishment in the nature of contempt. I solemnly promise that

I will not disclose in any manner any information or item that is subject to this Protective Order

to any person or entity except in strict compliance with the provisions of this Order.

I further agree to submit to the jurisdiction of the United States District Court for the

District of Colorado for the purpose of enforcing the terms of this Protective Order, even if such

enforcement proceedings occur after termination of this action. 

I hereby appoint __________________________ [print or type full name] of

_______________________________________________________________ [print or type full

address and telephone number] as my Colorado agent for service of process in connection with

this action or any proceedings related to enforcement of this Protective Order.

Date: 

City and State where sworn and signed: 

Printed name: 

Signature: 

Case 1:11-cv-02435-WJM-BNB Document 36 Filed 03/26/12 USDC Colorado Page 17 of 17