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 IN THE UNITED STATES DISTRICT COURT 

 FOR THE DISTRICT OF COLORADO 

Civil Action No.: 11-CV-02617-RPM 

JOHN LAVRINC 

 Plaintiff, 

v. 

 ENCOMPASS INSURANCE COMPANY OF AMERICA 

 Defendant 

PROTECTIVE ORDER

 Pursuant to the stipulation of the parties and in accordance with the provisions of 

Fed.R.Civ.P.26(c), 

 IT IS HEREBY 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, as well as any 

attorney notes, memorandums, and written comments made after receipt of and regarding the 

contents of those documents, materials, and information. 

 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 

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this term.

 3 Information designated “CONFIDENTIAL” shall be information that is 

confidential and implicates common law and/or statutory privacy interests of Encompass 

Insurance Company of America and its employees and vendors. CONFIDENTIAL information 

shall not be disclosed or used for any purpose except the preparation and trial of this case. 

Information that is designated by a party as CONFIDENTIAL must first be reviewed by a lawyer 

and that designation as confidential must be “based on a good faith belief that [the information] 

is confidential or otherwise entitled to protection under Fed.R.Civ.P. 26(c)91)(G); see also 

Gillard v. Boulder Valley School Dist., 196 F.R.D. 382 (D.Colo. 2000).

 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; 

(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”);

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(f) stenographic reporters who are engaged in proceedings necessarily 

incident to the conduct of this action;

(g) deponents, witnesses, or potential witnesses; 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), 

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. The acknowledgment form is attached as Appendix A. 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.”

 6. 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 thirty (30) days after notice by the court reporter of the 

completion of the transcript. 

 7. A party may object to the designation of particular CONFIDENTIAL information 

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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 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.

 8. 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. With regard to attorney notes, memorandums, and written 

comments made after receipt of and regarding the contents of those documents, materials and 

information that are CONFIDENTIAL, the parties will destroy the same and will not to maintain 

those notes, memorandums and comments for use in any future case or claim. Where the parties 

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

an affidavit confirming the destruction.

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 9. 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.

DONE in Court this 13th day of February, 2012. 

 BY THE COURT: 

 s/Richard P. Matsch 

 _________________________________

 Richard P. Matsch, Senior District Judge

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