2113536.1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Civil Action No. 11-cv-02549-RPM 

CLARK WILSON, 

 Plaintiff, 

v. 

COLORADO SPRINGS PHILHARMONIC ORCHESTRA, 

 Defendant. 

 

STIPULATED PROTECTIVE ORDER

 

Plaintiff Clark Wilson and Defendant Colorado Springs Philharmonic Orchestra 

(collectively referred to as the “Parties” or each individually as a “Party”) have stipulated 

to the terms of this Protective Order. 

This Protective Order is designed to preserve the confidentiality of certain 

testimony given by witnesses in this case and certain information contained in 

documents produced pursuant to the terms of this Protective Order. Documents 

deemed to be “confidential” shall be so designated in accordance with this Protective 

Order. Similarly, all corresponding testimony given by witnesses will be so designated. 

 To expedite the flow of discovery material, facilitate the prompt resolution of 

disputes over confidentiality, and adequately protect material entitled to be kept 

confidential, it is, by agreement of the Parties and pursuant to the Court’s authority 

under the Federal Rules of Civil Procedure, STIPULATED AND ORDERED that: 

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 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 or produced pursuant to the disclosure or discovery duties created 

by Federal Rules of Civil Procedure. 

 2. As used in this Protective Order, “document” is defined as provided in 

Fed. R. Civ. Proc. 34(a). A draft or non-identical copy is a separate document within the 

meaning of this term. 

 3. Information designated “CONFIDENTIAL” shall be information that is 

confidential and implicates the privacy interests of Plaintiff or Defendant or third parties 

and/or information contained in confidential business records, personnel records, 

documents, materials and communications. CONFIDENTIAL information shall not be 

disclosed or used for any purpose except 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 who are 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; 

(c) the Parties, including human resources and management 

employees employed by 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; 

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(e) the Court in this case and its employees (“Court Personnel”); 

(f) stenographic reporters who are engaged in proceedings 

necessarily incident to the conduct of this case; 

(g) deponents; and 

(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 and 

stenographic reporters), the disclosing Party 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. 

Such written acknowledgment shall be in the form as provided in Exhibit A to this 

Stipulated Protective Order, attached hereto and incorporated herein. 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. 

 6. Documents are designated as CONFIDENTIAL by placing or affixing on 

them (in a manner that will not interfere with their legibility) the term “CONFIDENTIAL” 

or by designating them as “CONFIDENTIAL” in correspondence from counsel to the 

Party producing documents. Defendant may designate documents produced by Plaintiff 

as CONFIDENTIAL if they are documents that were originally produced or created as 

records of Defendant. 

 7. 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 

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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. 

 8. 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 and the 

specific basis for such objection. 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 objecting to the designation of 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 objecting Party 

fails to file such a motion within the prescribed time, the disputed information shall 

maintain its designation as CONFIDENTIAL and shall thereafter continue to 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. 

9. 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. In order to keep 

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Confidential Information contained in documents filed with the court out of the public 

record, the party seeking to restrict public access to Confidential Information shall file a 

Motion to Restrict Access and shall comply with the requirements of D.C.COLO.LCivR 

7.2. 

 10. 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 produced it within forty-five (45) 

days of conclusion of the action, or the Parties may elect to destroy CONFIDENTIAL 

documents; provided, however, that counsel for each Party may retain one copy of the 

CONFIDENTIAL documents for the sole purpose of maintaining a complete file, and all 

such retained documents will not be released, disclosed, or utilized except upon 

express permission of this Court after written notice to counsel for the Party that 

produced the documents. Where the Parties agree to destroy CONFIDENTIAL 

documents, the destroying Party shall provide all Parties with an affidavit confirming the 

destruction within forty-five (45) days after conclusion of the action. 

 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. 

Stipulated and approved: 

Respectfully submitted this 28th day of March, 2012. 

Original signature on file at Kilmer, Original signature on file at Law 

Lane & Newman Offices of Davis Graham & Stubbs

s/ Lisa R. Sahli 

David A. Lane, Esq. 

Lisa R. Sahli, Esq. 

Killmer, Lane & Newman, LLP 

1543 Champa Street, Suite 400 

s/ Janet A. Savage 

Janet A. Savage, Esq. 

Davis Graham & Stubbs LLP 

1550 Seventeenth Street, Suite 500 

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Denver, CO 80202 

(303) 571-1000 

dlane@kln-law.com 

lsahli@kln-law.com 

Counsel for Plaintiff

Denver, Colorado 80202 

Telephone: (303) 892-9400 

Facsimile: (303) 892-1379 

janet.savage@dgslaw.com 

Counsel for Defendant

 

 

IT IS SO ORDERED this 29th day of March 2012. 

 BY THE COURT: 

 s/Richard P. Matsch 

 ____________________________________ 

 Richard P. Matsch, Senior District Judge 

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EXHIBIT A 

WRITTEN ACKNOWLEDGEMENT TO STIPULATED PROTECTIVE ORDER 

The undersigned hereby acknowledges that he/she has carefully and completely 

read the Stipulated Protective Order in the pending litigation between Clark Wilson and 

Colorado Springs Philharmonic Orchestra that he/she is one of the persons 

contemplated in Paragraph 4 of the Stipulated Protective Order; and that he/she fully 

understands and agrees to abide by the obligations and confidences set forth in the 

Stipulated Protective Order. The undersigned consents to the jurisdiction of the United 

States District Court for the District of Colorado for purposes of enforcing this Stipulated 

Protective Order. 

Date: ________________________ 

 _________________________________ 

 Signature 

________________________________ 

Title or Position 

________________________________ 

Printed Name 

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