IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action: 11-cv-2582 REB-MEH

JAMES P. HILL,

 Plaintiff,

v.

INTERGRAPH GOVERNMENT SOLUTIONS CORPORATION,

Defendant.

STIPULATED PROTECTIVE ORDER

This matter comes before the Court on the parties’ Joint Motion for Protective Order. The

Court has reviewed that Motion and finds it meritorious and acceptable. Therefore, IT IS

ORDERED: 

1. DEFINITIONS

(a) “Confidential Information” means and includes any information, testimony,

document, or thing that contains confidential or proprietary information, including but not limited

to medical records or other “protected health information” within the meaning of the Health

Insurance Portability and Accountability Act of 1996 (“HIPPA”) and its implementing regulations;

information about Defendant’s customers, vendors, employees, information systems, and operations;

and financial information, including but not limited to tax returns, financial statements, bank records,

and billing records, which was not previously available to the opposing party and is produced in this

action. Confidential Information may include, without limitation, information and documents

produced pursuant to Fed. R. Civ. P. 26; testimony adduced at depositions upon oral examination

pursuant to Fed. R. Civ. P. 30; written responses to interrogatories pursuant to Fed. R. Civ. P. 33;

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documents produced pursuant to Fed. R. Civ. P. 34, answers to requests for admission pursuant to

Fed. R. Civ. P. 36; and testimony, documents, and things provided pursuant to Fed. R. Civ. P. 45.

Confidential Information may also include confidential information owned by a third party, so long

as such information otherwise qualifies as Confidential Information hereunder.

(b) “Providing Party” means any party to this action or any third party, expert,

or consultant who produces or provides any information, testimony, document, or thing pursuant to

formal or informal discovery in this action.

(c) “Receiving Party” means any party to this action or any third party, expert,

or consultant who produces or provides any information, testimony, document, or thing pursuant to

formal or informal discovery in this action.

(d) “Counsel” means a party’s attorney of record if the party is represented, or

a party itself if the party is unrepresented.

2. DESIGNATION OF CONFIDENTIAL INFORMATION

(a) Documents and things. Each Providing Party shall label, mark, or otherwise

identify in writing information, documents, and things that their counsel considers in good faith to

contain Confidential Information or to be otherwise entitled to protection under Fed. R. Civ. P.

26(c), or other applicable law, with the legend “Confidential—Subject to Protective Order.” Before

designating any information, documents, or things as Confidential Information, a party’s counsel

must review the information and determine that the designation is based on the counsel’s good faith

belief that the information is confidential or otherwise entitled to protection under Fed. R. Civ. P.

26(c)(1).

(b) Depositions. During or after depositions upon oral examination, if counsel

for any party believes that a question or answer of any deponent (whether party, third-party, expert,

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or otherwise) constitutes Confidential Information, counsel shall request that the specific pages that

include such Confidential Information be included in a separate sealed portion of the transcript. The

reporter shall include on the cover page of each sealed portion the legend “This transcript portion

contains information subject to a Protective Order and shall be used only in accordance

therewith.” When testimony designated as Confidential Information is being given during a

deposition, all persons except those who are entitled to receive such Confidential Information under

the terms of this Order shall be excluded from the deposition room.

(c) Inadvertent failure to designate. Ay Providing Party who inadvertently fails

to designate any information, testimony, document, or thing as Confidential Information may correct

such failure by giving written notice of the same to the Receiving Parties. Upon such written

notification, the corrected materials shall only be deemed Confidential Information prospectively.

Substitute copes of the corrected information, testimony, document, or thing, appropriately marked

“Confidential—Subject to Protective Order,” shall be given to all Receiving Parties as soon as they

become available. Within ten (10) days of receipt of the substitute copies, the Receiving Party shall

return the previously unmarked items to the Providing Party, or destroy such items and notify

counsel for the Providing Party of such destruction.

3. DESIGNATED MATERIALS PRESUMED CONFIDENTIAL

All information, testimony, documents, and things designated by a Providing Party as

Confidential Information shall be treated in all respects as though they in fact constitute or contain

confidential information, unless and until the Court rules otherwise or the Providing Party agrees

otherwise.

4. RESTRICTIONS ON DISCLOSURE AND ACCESS

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(a) Except as provided below, all Receiving Parties with respect to any particular

Confidential Information shall take reasonable steps to ensure that no persons obtain such

Confidential Information and that no persons have access to such Confidential Information, except:

(i) Plaintiff and Defendant, including employees of Defendant who have

a specific need to know the Confidential Information in order to conduct this action;

(ii) The attorneys of record for any party, and all other attorneys and

support personnel in the law firms of record in this action who must have access to the

Confidential Information in connection with this action;

(iii) The Court and those employed by the Court, in which event such

information shall be filed under seal (and kept under seal until further order of the Court);

(iv) Court reporters employed by any party in this action; and

(v) Independent experts, including non-testifying experts, consultants, or

translators for the parties, including their support personnel, whose advice and consultation

are being used or will be used by such party in connection with the action.

(b) In addition to the above, a Receiving Party may disclose Confidential

Information to a non-party if the non-party is referred to or referenced in the Confidential

Information, or counsel in good faith believes the non-party may have knowledge of relevant facts,

or of facts that may lead to the discovery of admissible evidence relating to the Confidential

Information, or if the non-party will be a witness at trial in this matter and disclosure of Confidential

Information is necessary for preparation and completeness of that person’s testimony.

(c) Counsel for a party disclosing or allowing access to Confidential Information

under this paragraph shall advise the person receiving such Confidential Information (other than the

persons identified in Paragraph 4(a)(iii)) of the terms of this Protective Order. Before disclosing any

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Confidential Information to any person identified in Paragraph 4(a)(iv) or (v), or Paragraph 4(b),

counsel for the party disclosing or allowing access to such Confidential Information shall, in

addition to advising the person receiving such Confidential information of the terms of this

Protective Order, provide the person with a copy of this Protective Order and obtain the person’s

written acknowledgement, in the form attached hereto, to abide by the terms of this Protective Order.

(d) This Protective Order shall not be deemed to limit or restrict any Providing

Party’s disclosure or use of its own Confidential Information.

5. RESTRICTIONS ON USE

The parties agree and stipulate that every person who obtains Confidential Information is

prohibited from using or disclosing Confidential Information for any purpose whatsoever, except

as necessary to assist in the conduct of this litigation.

6. RETURN OR DESTRUCTION OF CONFIDENTIAL INFORMATION AT

CONCLUSION OF LITIGATION

The parties agree and stipulate that they will either return to the Providing Party or destroy

any and all Confidential information upon the conclusion of this litigation or any appeal, including

any paper or electronic copies of such documents. Notwithstanding the foregoing, counsel shall be

entitled to maintain one copy of the transcript, pleadings, and any exhibits introduced at trial in this

action, which shall retain their confidential designations and shall be maintained in the protected

manner set forth herein.

7. OBJECTIONS PRESERVED

Nothing in this Protective Order shall require the disclosure of information, testimony,

documents, or things that are otherwise not subject to discovery, are privileged, or constitute

attorney work product. Nothing in this Protective Order shall prejudice any objections that any party

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might have regarding the production of any information, testimony, documents, or things. Nothing

in this Protective Order shall be construed as an agreement that any Confidential Information shall

be excluded from evidence in this action.

8. MECHANISM FOR CHALLENGING DESIGNATION

Any 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 Information 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 Information 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 Information and shall not thereafter be treated

as Confidential Information in accordance with this Protective Order. In connection with a motion

filed under this provision, the party designating the information as Confidential Information shall

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

Confidential Information. In addition, any party and any third party with a legally cognizable

interest in this Protective Order may apply to the Court at any time for a modification of this

Protective Order for good cause shown. Any person may move the Court for additional protective

orders with respect to any information, testimony, document, or thing in accordance with Fed. R.

Civ. P. 26.

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9. PARTIES’ CLAIMS AND DEFENSES

Neither a party’s designation of documents or testimony as Confidential Information under

this Protective Order, nor a party’s failure to make or object to such designation, shall be admissible

in evidence as a party admission or otherwise to prove any fact relevant to any claim or defense

asserted in this action.

10. SURVIVAL

The restrictions on use of Confidential Information set forth in this Protective Order and shall

survive the conclusion of this litigation.

ORDERED at Denver, Colorado, this 15th day of February, 2012.

BY THE COURT:

Michael E. Hegarty

United States Magistrate Judge

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ACKNOWLEDGMENT

I hereby acknowledge that I have been advised of the terms of the Protective Order entered

in James P. Hill v. Intergraph Government Solutions Corporation, Civil Action No. 11-CV-2582

REB-MEH, pending in the United States District Court for the District of Colorado, have been

provided with a copy of said Protective Order, have read and understand said Protective Order, agree

to be bound by and to comply with the terms of said Protective Order, and agree to submit to the

jurisdiction of the United States District Court for the District of Colorado for the purpose of

enforcement of said Protective Order.

Dated: ____________________________________

__________________________________________

Printed Name: _____________________________

Relationship to Lawsuit: _____________________

Address: __________________________________

__________________________________________

__________________________________________

Telephone: ________________________________

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