IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02444-WYD-KMT 

AMERICAN WEB, INC., a Colorado corporation, 

 Plaintiff, 

v. 

FLOM CORPORATION, a Maryland corporation, 

 Defendant. 

PROTECTIVE ORDER 

WHEREAS, the Court finds good cause for entry of an order to protect the 

discovery and dissemination of confidential information and information that would 

annoy, embarrass, or oppress parties, witnesses, and persons providing discovery in 

this civil action, 

IT IS ACCORDINGLY ORDERED THAT: 

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)(1)(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 is 

confidential and implicates: (a) the proprietary, confidential, competitively sensitive, 

and/or trade secret information of Defendant and/or its related entities; or (b) any 

individual’s common law or statutory privacy interests. 

4. Documents, materials, and/or information designated “CONFIDENTIAL” 

(collectively, “CONFIDENTIAL information”) shall not be disclosed or used for any 

purpose except the preparation and trial of this case. 

5. 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 designated representatives for the 

entity defendants; (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 or witnesses during the course of any examination; 

and (h) other persons by written agreement of the parties. 

6. Prior to designating any document or information as CONFIDENTIAL, an 

attorney for the designating party shall review the document or information and certify 

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that the CONFIDENTIAL designation is based on his or her good faith belief that the 

document or information is confidential or otherwise entitled to protection. 

7. Prior to the filing of any Confidential information with the Court, the parties 

shall confer to determine whether the party that designated the information 

CONFIDENTIAL determines that it is necessary for access to the document to be 

restricted. If the designating party so requests, the filing party shall file the information 

as a restricted document, pursuant to D.C.COLO.LCivR. 7.2(D), and shall 

simultaneously file a Motion to Restrict Access as required by D.C.COLO.LCivR. 7.2(B). 

8. Prior to disclosing any CONFIDENTIAL information to any person listed 

above (other than counsel, persons employed by counsel, Court personnel, and 

stenographic reporters), counsel shall provide such person with a copy of this Protective 

Order and obtain from such person a written acknowledgment stating that he or she has 

read this Protective Order and agrees to be bound by its provisions. All such 

acknowledgments shall be retained by counsel and shall be subject to in camera review 

by the Court if good cause for review is demonstrated by opposing counsel. 

9. 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.” 

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 

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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. 

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. If the 

parties cannot resolve the objection within ten 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 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. At the conclusion of this case, unless other arrangements are agreed 

upon, each document and all copies thereof which have been designated as 

CONFIDENTIAL shall be returned to the party that designated it CONFIDENTIAL, or the 

parties may elect to destroy CONFIDENTIAL documents. Where the parties agree to 

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destroy CONFIDENTIAL documents, the destroying party shall provide all parties with 

an affidavit confirming the destruction of all originals and copies of the CONFIDENTIAL 

documents. 

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. 

DATED: February 21, 2012 

 BY THE COURT: 

 

United States Magistrate Judge 

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