IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02560-MSK-MEH

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Plaintiff,

and

WENDY J. CABRERA,

Plaintiff-Intervenor,

v.

THE ORIGINAL HONEYBAKED HAM COMPANY OF GEORGIA, INC.,

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, responses to requests for production, 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, including but not limited to: (a)

personnel records of current or former employees of Defendant; (b) Defendant’s trade secrets,

proprietary information, and commercial or financial information that are either privileged or

confidential; (c) aggrieved individuals’ or other witnesses’ or employees’ personal information,

including but not limited to all medical, financial, or tax records, or other private information.

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, allegedly aggrieved individuals, 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 explain the person’s obligations under the Protective Order, and obtain the

person’s verbal agreement to comply with the Protective Order. To preserve confidentiality, any

Counsel who provides any CONFIDENTIAL information to any person listed above (other than

counsel, persons employed by counsel, Court Personnel, deponents, and stenographic reporters)

shall ensure that said person does not retain a copy of the confidential document on a permanent

basis, and instead returns that CONFIDENTIAL information to counsel. Prior to being provided

with CONFIDENTIAL information, any aggrieved individual, expert witnesses and consultants

retained in connection with this proceeding by either party, must sign “Exhibit A, Agreement to

Abide by Stipulated Protective Order,” attached hereto. 

6. The provisions of this Order shall continue to be binding throughout and after the

termination of this action, including, without limitation, any appeals. If any counsel has provided

any deponent, aggrieved individual, witness, or potential witness with any CONFIDENTIAL

information, such counsel will ensure that those individuals have returned the CONFIDENTIAL

information to counsel within sixty (60) days after the parties receive notice of the entry of an order,

judgment or decree finally disposing of all litigation in which CONFIDENTIAL information was

disclosed. 

7. Counsel may designate documents, 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. Before any information is designated “CONFIDENTIAL,” counsel of record for the

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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).

9. When filing any documents that contain information designated Confidential

Discovery Material, such documents shall be filed in accordance with the requirements of

D.C.COLO.L.Civ.R 7.2.

10. 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 forty-five(45) days after notice by the court reporter of the completion

of the transcript, by written notice from counsel to the court reporter and counsel of record for all

other parties, specifying by page and line number the material to be designated CONFIDENTIAL.

Counsel shall direct the court reporter to affix the appropriate confidentiality stamp to any portion

of the original transcript, and to that portion of all copies of the transcript.

11. 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. The party designating the information as

CONFIDENTIAL Information will meet and confer with the other parties, pursuant to the

requirements of D.C.COLO.L.Civ.R 7.1(A), prior to filing a motion with the Court. If the parties

cannot resolve the objection within fifteen (15) 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

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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 Stipulated

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.

12. In the event additional parties join or are joined in this action, or additional or

different counsel enter an appearance, they shall also be subject to the terms of this Order. 

13. 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. 

ORDERED this 16th day of March, 2012, in Denver, Colorado.

BY THE COURT:

 

 

Michael E. Hegarty 

United States Magistrate Judge

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AGREED AND APPROVED:

/s/ Iris Halpern

Iris Halpern

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

303 East 17th Avenue, Suite 410

Denver, CO80203

Telephone: 303.866.1378

iris.halpern@eeoc.gov

William E. Moench

EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION

303 East 17th Avenue, Suite 410

Denver, CO80203

Telephone: 303.866.1378

william.moench@eeoc.gov

ATTORNEYS FOR PLAINTIFF

/s/ Angelo Spinola

Angelo Spinola

Georgia Bar No.: 672191

RLINK"mailto:aspinola@littler.com"aspinola

@littler.com

(admitted pro hac vice)

Benson Pope

Georgia Bar No.: 583730

bpope@littler.com

(admitted pro hac vice)

LITTLER MENDELSON, P.C.

A Professional Corporation

3344 Peachtree Road N.E.

Suite 1500

Atlanta, GA 30326.4803

Telephone: 404.233.0330

/s/ Kent Eichstadt

Kent Eichstadt

MCCURDY & EICHSTADT, P.C.

9085 East Mineral Circle

Suite 380

Centennial, CO80112-3462

Telephone: 303.832-8870

eichstadt@mccurdy-eichstadt.com

ATTORNEY FOR PLAINTIFF-INTERVENOR

Danielle L. Kitson

Colorado Bar No. 34159

dkitson@littler.com

Katherine S. Dix

Colorado Bar No. 36773

kdix@littler.com

LITTLER MENDELSON, P.C.

1900 16th Street

Suite 800

Denver, CO 80202.5835

Telephone: 303.629.6200

ATTORNEYS FOR DEFENDANT

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EXHIBIT A – AGREEMENT TO ABIDE BY STIPULATED PROTECTIVE ORDER

I, , declare that:

1. My address is .

2. I have read and know the contents of the Stipulated Protective Order in the above-entitled

action.

3. I understand that I am bound by the terms of the Stipulated Protective Order. 

4. I shall, upon being notified of the termination of the above-entitled action, return all copies

of Confidential Information to counsel from whom I received such Confidential Information.

5. I subject myself to the continuing jurisdiction of the above-captioned Court over my person,

wherever I shall be, for the enforcement of the Stipulated Protective Order.

6. I declare under penalty of perjury under laws of the United States of America that the

forgoing is true and correct.

Dated this __ day of _________, 20__. _______________________________________

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