[Please note that the bracketed and italicized text on the form convey instructions to the parties
and should not be included in the Stipulated Protective Order submitted to the court.]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. *
*
Plaintiff*,
v.
*
Defendant*.
______________________________________________________________________________
STIPULATED PROTECTIVE ORDER
______________________________________________________________________________
As stipulated and requested by each party and each counsel of record in this case, this
Protective Order concerning the treatment of Confidential Information (as hereinafter defined) is
issued pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, as follows:
1. In this action, at least one of the parties has sought and/or is seeking Confidential
Information (as defined in paragraph 2 below). The parties also anticipate seeking additional
Confidential Information during discovery and that there will be questioning concerning
Confidential Information in the course of depositions. The parties assert the disclosure of such
information outside the scope of this litigation could result in significant injury to one or more of
the parties’ business or privacy interests.
2. “Confidential Information” means any document, file, portions of files, transcribed
testimony, or response to a discovery request, including any extract, abstract, chart, summary,
note, or copy made therefrom—not made available to the public—and designated by one of the
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parties in the manner provided in paragraph 3 below as containing: [Enter precise categories of
data (materials) sought to be protected and basis for treating as confidential information, e.g.,
trade secrets, etc.]
3. Where Confidential Information is produced, provided, or otherwise disclosed by a
party in response to any discovery request, it will be designated in the following manner:
a. By imprinting the word “Confidential” on the first page or cover of any
document produced;
b. By imprinting the word “Confidential” next to the information; or
above any response to a discovery request; and
c. With respect to transcribed testimony, by giving written notice to opposing
counsel designating such portions as “Confidential” no later than ten
calendar days after receipt of the transcribed testimony.
4. All Confidential Information provided by a party in response to a discovery request
or transcribed testimony shall be subject to the following restrictions:
a. It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever;
b. It shall not be communicated or disclosed by any party’s counsel or a party
in any manner, either directly or indirectly, to anyone except for purposes of
this case and unless an affidavit in the form of Exhibit A has been signed.
5. Individuals authorized to review Confidential Information pursuant to this
Protective Order shall hold Confidential Information in confidence and shall not divulge the
Confidential Information, either verbally or in writing, to any other person, entity or government
agency unless authorized to do so by court order.
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6. The party’s counsel who discloses Confidential Information shall be responsible
for assuring compliance with the terms of this Protective Order with respect to persons to whom
such Confidential Information is disclosed, shall obtain and retain the original affidavits signed by
qualified recipients of Confidential Information, and shall maintain a list of all persons to whom
any Confidential Information is disclosed.
7. During the pendency of this action, opposing counsel may, based on a court order
or agreement of the parties, inspect the list maintained by counsel pursuant to paragraph 6 above,
upon a showing of substantial need to establish the source of an unauthorized disclosure of
Confidential Information and that opposing counsel are unable otherwise to identify the source of
the disclosure. If counsel disagrees with opposing counsel’s showing of substantial need, then
counsel may seek a court order requiring inspection under terms and conditions deemed
appropriate by the Court.
8. No copies of Confidential Information shall be made except by or on behalf of
counsel in this litigation and such copies shall be made and used solely for purposes of this
litigation.
9. During the pendency of this litigation, counsel shall retain custody of Confidential
Information, and copies made therefrom pursuant to paragraph 8 above.
10. If opposing counsel objects to the designation of certain information as
Confidential Information by the other parties’ counsel, he or she shall promptly inform designating
counsel in writing of the specific grounds for the objection. All counsel shall then, in good faith
and on an informal basis, attempt to resolve such dispute. If after such good faith attempt, all
counsel are unable to resolve their dispute, opposing/objecting counsel may move for a disclosure
order consistent with this order. Any motion for disclosure shall be filed within 14 days of
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designating counsel’s receipt of opposing counsel’s written objection. The information shall
continue to have Confidential Information status from the time it is produced until the ruling by the
Court on the motion.
11. Use of Confidential Information in Court Proceedings: 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.
However, Confidential Information and pleadings or briefs quoting or discussing Confidential
Information will not be accepted as restricted filings or otherwise kept out of the public record in
this action, except by court order issued upon motion of the party seeking to restrict the documents.
Any such motion shall comply with the requirements of D.C.COLO.LCivR 7.2 and demonstrate
that the Confidential Information at issue is entitled to protection under the standards articulated in
Nixon v. Warner Communications, Inc., 435 U.S. 589, 598-602 (1978) (applied in United States v.
Hickey, 767 F.2d 705, 708 (10th Cir. 1985) and Crystal Grower’s Corp. v. Dobbins, 616 F.2d 458,
461 (10th Cir. 1980)).
12. By agreeing to the entry of this Protective Order, the parties adopt no position as to
the authenticity or admissibility of documents produced subject to it.
13. Nothing in this Protective Order shall preclude any party from filing a motion
seeking further or different protection from the Court under Rule 26(c) of the Federal Rules of
Civil Procedure or from filing a motion with respect to the manner in which Confidential
Information shall be treated at trial.
14. Upon termination of this litigation, including any appeals, each party’s counsel
shall immediately return to the producing party all Confidential Information provided subject to
this Protective Order, and all extracts, abstracts, charts, summaries, notes or copies made
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therefrom. At that time, counsel shall also file under seal with this Court the list of individuals who
have received Confidential Information which counsel shall have maintained pursuant to
paragraph 6 herein, and counsel shall provide the Court with verification that any of counsel’s
work product referencing Confidential Information has been destroyed.
15. The termination of this action shall not relieve counsel or other persons obligated
hereunder from their responsibility to maintain the confidentiality of Confidential Information
pursuant to this Protective Order. The Court shall retain continuing jurisdiction to enforce the
terms of this Protective Order.
DATED this ___ day of _________________________, 20__.
JOHN L. KANE
SENIOR U.S. DISTRICT JUDGE
STIPULATED AND AGREED TO:
[Party Name] [Attorney]
[Address]
[Telephone Number]
[Party Name] [Attorney]
[Address]
[Telephone Number]
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EXHIBIT A
AFFIDAVIT
STATE OF COLORADO )
)ss.
COUNTY OF )
___________________, swears or affirms and states under penalty of perjury:
1. I have read the Protective Order in _________________v. ________________, Case
No. ____________.
2. I have been informed by ________________________, counsel for
___________________________, that the materials described in the list attached to this Affidavit are
Confidential Information as defined in the Protective Order.
3. I promise that I have not and will not divulge, or undertake to divulge to any person or
recording device any Confidential Information shown or told to me except as authorized in the
Protective Order. I will not use the Confidential Information for any purpose other than this litigation.
4. For the purposes of enforcing the terms of the Protective Order, I hereby submit
myself to the jurisdiction of the court in the civil action referenced above.
5. I will abide by the terms of the Protective Order.
_____________________________________ _____________________________________
(Signature) (Address)
_____________________________________
_____________________________________
(Print or Type Name) Telephone No.: (_____)__________________
SUBSCRIBED AND SWORN to before me this _____ day of ___________________, 20__,
by ___________________________.
WITNESS my hand and official seal.
______________________________________
Notary Public
[S E A L]
My Commission Expires: _____________________________
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