Case 1:17-cv-02097-RBJ Document 69 Filed 02/27/18 USDC Colorado Page 1 of 24
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF COLORADO
`
`
`Civil Action No. 1:17-cv-02097
`
`REALTIME ADAPTIVE STREAMING, LLC
`
`Plaintiff,
`
`v.
`
`SLING, TV L.L.C.,
`SLING MEDIA, INC.,
`SLING MEDIA, L.L.C.,
`ECHOSTAR TECHNOLOGIES L.L.C.,
`DISH NETWORK, L.L.C., and ARRIS
`GROUP, INC.,
`
`
`Defendants.
`
`
`
`STIPULATED PROTECTIVE ORDER
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`WHEREAS, the Parties believe that certain information that is or will be encompassed by
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`discovery demands by the Parties involves the production or disclosure of trade secrets,
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`confidential business information, or other proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance
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`with Federal Rule of Civil Procedure 26(c):
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`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
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`
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`1.
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`Each Party may designate as confidential for protection under this Order, in whole or in
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`part, any document, information or material that constitutes or includes, in whole or in part,
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`confidential or proprietary information or trade secrets of the Party or a Third Party to whom the
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`Party reasonably believes it owes an obligation of confidentiality with respect to such document,
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`information or material (“Protected Material”). Protected Material shall be designated by the
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`Party producing it by affixing a legend or stamp on such document, information or material as
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`follows: “CONFIDENTIAL,” “RESTRICTED - ATTORNEYS’ EYES ONLY,” or
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`“RESTRICTED CONFIDENTIAL SOURCE CODE. The words “CONFIDENTIAL,”
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`“RESTRICTED - ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
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`SOURCE CODE” shall be placed clearly on each page of the Protected Material (except
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`deposition and hearing transcripts) for which such protection is sought. For deposition and
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`hearing transcripts, the words “CONFIDENTIAL,” “RESTRICTED - ATTORNEYS’ EYES
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`ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE” shall be placed on the cover
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`page of the transcript (if not already present on the cover page of the transcript when received
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`from the court reporter) by each attorney receiving a copy of the transcript after that attorney
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`receives notice of the designation of some or all of that transcript as either “CONFIDENTIAL,”
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`“RESTRICTED - ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
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`SOURCE CODE.”
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`2.
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`Any Confidential Material that is produced prior to the entry of this Order by the Court
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`shall be subject to the provisions of this Order to the same extent as if such Order had been
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`entered by the Court as of the date such Confidential Material was produced.
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`3.
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`With respect to documents, information or material designated “CONFIDENTIAL,”
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`“RESTRICTED - ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
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`SOURCE CODE” (“DESIGNATED MATERIAL”),1 subject to the provisions herein and unless
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`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the
`class of materials designated as “CONFIDENTIAL,” “RESTRICTED - ATTORNEYS’ EYES
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`otherwise stated, this Order governs, without limitation: (a) all documents, electronically stored
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`information, and/or things as defined by the Federal Rules of Civil Procedure; (b) all pretrial,
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`hearing or deposition testimony, or documents marked as exhibits or for identification in
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`depositions and hearings; (c) pretrial pleadings, exhibits to pleadings and other court filings; (d)
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`affidavits; and (e) stipulations. All copies, reproductions, extracts, digests and complete or partial
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`summaries prepared from any DESIGNATED MATERIALS shall also be considered
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`DESIGNATED MATERIAL and treated as such under this Order.
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`4.
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`A designation of Protected Material (i.e., “CONFIDENTIAL,” “RESTRICTED -
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`ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE”) may
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`be made at any time. Inadvertent or unintentional production of documents, information or
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`material that has not been designated as DESIGNATED MATERIAL shall not be deemed a
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`waiver in whole or in part of a claim for confidential treatment. Any party that inadvertently or
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`unintentionally produces Protected Material without designating it as DESIGNATED
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`MATERIAL may request destruction of that Protected Material by notifying the recipient(s), as
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`soon as reasonably possible after the Producing Party becomes aware of the inadvertent or
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`unintentional disclosure, and providing replacement Protected Material that is properly
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`designated. The recipient(s) shall then destroy all copies of the inadvertently or unintentionally
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`produced Protected Materials and any documents, information or material derived from or based
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`thereon.
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`ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE,” both individually and
`collectively.
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`5.
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`“CONFIDENTIAL” documents, information and material may be disclosed only to the
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`following persons, except upon receipt of the prior written consent of the designating party, upon
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`order of the Court, or as set forth in paragraph 12 herein:
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`a. outside counsel of record in this Action for the Parties;
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`b. employees of such counsel assigned to and reasonably necessary to assist such
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`counsel in the litigation of this Action;
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`c. in-house counsel for the Parties who either have responsibility for making
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`decisions dealing directly with the litigation of this Action, or who are assisting
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`outside counsel in the litigation of this Action;
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`d. up to and including three (3) designated representatives of each of the Parties to
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`the extent reasonably necessary for the litigation of this Action provided however
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`that before access is given, each of the three designated employees or directors
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`has completed and served the Undertaking attached as Exhibit A hereto and that
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`the other Party be given five (5) days to object before the designated employee or
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`director returning the Undertaking be provided with access to DESIGNATED
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`MATERIAL. Should an objection be made, it shall be resolved in accordance
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`with the procedures of paragraph 5(e) herein;
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`e. outside consultants or experts (i.e., not existing employees or affiliates of a Party
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`or an affiliate of a Party) retained for the purpose of this litigation, provided that:
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`(1) such consultants or experts are not presently employed by the Parties hereto or
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`their direct competitors for purposes other than this Action; (2) such consultant or
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`expert is not involved in competitive decision-making on behalf of a Party or a
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`competitor of a Party; and (3) before access is given, the consultant or expert has
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`completed Appendix A attached hereto and the same is served upon the Producing
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`Party with a current curriculum vitae of the consultant or expert and disclosure of
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`the consultant’s or expert’s employment and/or retentions for at least the past four
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`years at least ten (10) days before access to the Protected Material is to be given
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`to that consultant or expert, so that the Producing Party has at least ten (10) days
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`to object to and notify the Receiving Party in writing that it objects to disclosure
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`of Protected Material to the consultant or expert. The Parties agree to promptly
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`confer and use good faith to resolve any such objection. If the Parties are unable
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`to resolve any objection, the Objecting Party may file a motion with the Court
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`within fifteen (15) days of the notice, or within such other time as the Parties may
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`agree, seeking a protective order with respect to the proposed disclosure. The
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`Objecting Party shall have the burden of proving the need for a protective order.
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`No disclosure shall occur until all such objections are resolved by agreement or
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`Court order;
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`f.
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`independent litigation support services, including persons working for or as court
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`reporters, graphics or design services, jury or trial consulting services, and
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`photocopy, document imaging, and database services retained by counsel and
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`reasonably necessary to assist counsel with the litigation of this Action;
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`g. the Court and its personnel;
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`h. any mediator who is assigned to hear this matter, and his or her staff, subject to
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`their agreement to maintain confidentiality to the same degree as required by this
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`Protective Order; and
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`i. any other person with the prior written consent of the Producing Party.
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`6.
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`A Party shall designate documents, information or material as “CONFIDENTIAL” only
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`upon a good faith belief that the documents, information or material contains confidential or
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`proprietary information or trade secrets of the Party or a Third Party to whom the Party
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`reasonably believes it owes an obligation of confidentiality with respect to such documents,
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`information or material.
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`7.
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`Documents, information or material produced pursuant to any discovery request in this
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`Action, including but not limited to Protected Material designated as DESIGNATED
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`MATERIAL, shall be used by the Parties only in the litigation of this Action and shall not be
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`used for any other purpose. Any person or entity who obtains access to DESIGNATED
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`MATERIAL or the contents thereof pursuant to this Order shall not make any copies, duplicates,
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`extracts, summaries or descriptions of such DESIGNATED MATERIAL or any portion thereof
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`except as may be reasonably necessary in the litigation of this Action. Any such copies,
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`duplicates, extracts, summaries or descriptions shall be classified DESIGNATED MATERIALS
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`and subject to all of the terms and conditions of this Order.
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`8.
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`To the extent a Producing Party believes that certain Protected Material qualifying to be
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`designated CONFIDENTIAL is so sensitive that its dissemination deserves even further
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`limitation, the Producing Party may designate such Protected Material “RESTRICTED -
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`ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes computer
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`source code and/or live data (that is, data as it exists residing in a database or databases) (“Source
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`Code Material”), the Producing Party may designate such Protected Material as “RESTRICTED
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`CONFIDENTIAL SOURCE CODE.”
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`9.
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`For Protected Material designated RESTRICTED - ATTORNEYS’ EYES ONLY, access
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`to, and disclosure of, such Protected Material shall be limited to individuals listed in paragraphs
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`5(a), (b) and (e-i) as to the Plaintiff and 5(a-i) as to Defendants.
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`10.
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`For Protected Material designated RESTRICTED CONFIDENTIAL SOURCE CODE
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`(“Source Code Material”), the following additional restrictions apply:
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`a. Access to a Party’s Source Code Material shall be provided only on “stand-alone”
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`computer(s) (that is, the computer may not be linked to any network, including a
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`local area network (“LAN”), an intranet or the Internet). The Source Code
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`Computer shall not have connected, while the Source Code review is actually
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`being conducted by the Receiving Party, removable storage means, printing
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`capability, or access to any networks or other computers, including the Internet.
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`The Receiving Party shall not attempt to connect any input/output or storage
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`device (printer, USB, memory stick, CD-ROM, DVD, etc.) to the Source Code
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`Computer at any time. Additionally, except as provided in paragraph 10(l) below,
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`the stand-alone computer(s) may only be located at the offices of the Producing
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`Party’s outside counsel;
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`b. The Receiving Party shall make reasonable efforts to restrict its requests for such
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`access to the stand-alone computer(s) to normal business hours, which for
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`purposes of this paragraph shall be 9:00 a.m. through 5:00 p.m. However, upon
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`reasonable notice from the Receiving party, the Producing Party shall make
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`reasonable efforts to accommodate the Receiving Party’s request for access to the
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`stand-alone computer(s) outside of normal business hours. The Receiving Party
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`shall makes its requests for inspection of the Producing party’s source code at
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`least 14 days in advance of the first inspection, and at least 7 days in advance for
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`all subsequent inspections. The Parties agree to cooperate in good faith such that
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`maintaining the Producing Party’s Source Code Material at the offices of its
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`outside counsel shall not unreasonably hinder the Receiving Party’s ability to
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`efficiently and effectively conduct the prosecution or defense of this Action;
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`c. The Producing Party shall provide the Receiving Party with information
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`explaining how to start log on to and access the produced Source Code Material
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`on the stand-alone computer(s);
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`d. The Producing Party will make available the Source Code Material in computer
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`searchable format on the stand-alone computer(s) as described above, and the
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`Producing Party may make available the Source Code Material in the form in
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`which it kept in its ordinary course of business, so long as that form is computer
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`searchable;
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`e. Access to Protected Material designated RESTRICTED CONFIDENTIAL
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`SOURCE CODE shall be limited to outside counsel and up to three (3) outside
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`consultants or experts2 (i.e., not existing employees or affiliates of a Party or an
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`2 For the purposes of this paragraph, an outside consultant or expert is defined to include the
`outside consultant’s or expert’s direct reports and other support personnel, such that the
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`affiliate of a Party) retained for the purpose of this litigation and approved to
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`access such Protected Materials pursuant to paragraph 5(e) above. A Receiving
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`Party may include excerpts of Source Code Material in a pleading, exhibit, expert
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`report, discovery document, deposition transcript, other Court document, provided
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`that the Source Code Documents are appropriately marked under this Order,
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`restricted to those who are entitled to have access to them as specified herein, and,
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`if filed with the Court, filed pursuant to paragraph 18 below;
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`f. All RESTRICTED CONFIDENTIAL SOURCE CODE materials used during a
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`deposition or marked as an exhibit at a deposition will be retrieved by the party
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`conducting the deposition at the end of each day. At no time, will any
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`RESTRICTED CONFIDENTIAL SOURCE CODE material be given to or left
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`with the Court Reporter. Rather, the deposition record will identify the exhibit by
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`its production numbers.
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`g. To the extent portions of Source Code Material are quoted in a Source Code
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`Document, either (1) the entire Source Code Document will be stamped and
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`treated as RESTRICTED CONFIDENTIAL SOURCE CODE or (2) those pages
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`containing quoted Source Code Material will be separately stamped and treated as
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`RESTRICTED CONFIDENTIAL SOURCE CODE;
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`h. Except as set forth in paragraph 10(l) below, no electronic copies of Source Code
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`Material shall be made without prior written consent of the Producing Party,
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`disclosure to a consultant or expert who employs others within his or her firm to help in his or
`her analysis shall count as a disclosure to a single consultant or expert.
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`except as necessary to create documents which, pursuant to the Court’s rules,
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`procedures and order, must be filed or served electronically. To the extent the
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`Receiving Party serves electronic files containing such source code, the Receiving
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`Party must use commercially reasonable encryption software including password
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`protection;
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`i. No copies of all or any portion of the Source Code may leave the room in which
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`the Source Code is inspected. The Receiving Party may request paper copies of
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`limited portions of source code that are reasonably necessary for the preparation
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`of court filings, pleadings, expert reports, or other papers, or for deposition or
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`trial, but shall not request paper copies for the purposes of reviewing the source
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`code other than electronically as set forth above. Counsel for the Receiving Party
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`may identify by file name and line number the source code files for printing. No
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`more than 35 consecutive pages and 750 total pages of Source Code may be
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`printed in this matter. The Producing Party shall produce within five (5) business
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`days a paper copy of the limited relevant portions of the Source Code Material
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`identified by the Receiving Party directly to the Receiving Party’s outside counsel
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`of record, and the paper copy shall be marked “RESTRICTED CONFIDENTIAL
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`SOURCE CODE”;
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`j. Such printouts or photocopies may not be transferred back to electronic media
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`except as provided for in paragraph 10(h);
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`k. With the Producing Party’s written consent, the Receiving Party’s outside counsel
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`of record may make no more than three (3) additional paper copies of any
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`portions of the Source Code Material printed pursuant to sub-paragraph (i) above,
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`not including copies attached to court filings, and shall maintain a log of all
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`copies of the Source Code Material (received from the Producing Party) that are
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`provided by the Receiving Party to any person approved to access Source Code
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`Material under this Protective Order. The log shall include the names of the
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`recipients and reviewers of copies and locations where the copies are stored. Any
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`paper copies of Source Code Material shall be stored or viewed only at (i) the
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`offices of outside counsel of record for the Receiving Party, (ii) the offices of
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`outside experts who have been approved to access Source Code Material under
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`this Protective Order; (iii) the site where any deposition is taken; (iv) the Court; or
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`(v) any intermediate location necessary to transport the information to a hearing,
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`trial or deposition. Images or copies of Source Code shall not be included in
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`correspondence between the parties (references to production numbers shall be
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`used instead) and shall be omitted from pleadings and other papers except to the
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`extent permitted herein. Any such paper copies shall be maintained at all times in
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`a locked and secure location. The Producing Party shall not unreasonably deny a
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`Receiving Party’s request to make (and log) additional copies, providing that the
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`request is for good cause and for use that otherwise complies with this Protective
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`Order. The Producing Party shall be entitled to a copy of the log upon request,
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`and at the conclusion of the litigation of this Action; and
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`l. A Producing Party’s Source Code Material may only be transported by the
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`Receiving Party at the direction of a person authorized under paragraph 5(a), (b),
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`or (e) above of the Receiving Party to another person authorized under paragraph
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`5(a), (b), or (e) by hand carry, hand carry courier, UPS Express Critical, or FedEx
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`Custom Critical. The Receiving Party shall provide available tracking numbers
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`associated with each container of transported Source Code Material.
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`m. The Receiving Party’s outside counsel of record and/or outside experts or
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`consultants shall be entitled to take only notes relating to the Source Code, and
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`shall not copy any Source Code to the notes. Any notes taken pursuant to this
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`subparagraph by outside counsel and/or outside experts or consultants shall be
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`treated as RESTRICTED CONFIDENTIAL SOURCE CODE but are not
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`discoverable. No recordable media, recordable devices, input/output devices or
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`other electronic devices, including without limitation sound recorders, computers,
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`cellular telephones, peripheral equipment, cameras, CDs, DVDs, video cameras,
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`smartwatches, other “smart” peripherals (like Google Glass), and any other
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`devices with communications or recording capability or drives of any kind may be
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`brought into the secured room by the Receiving Party’s outside counsel of record
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`and/or outside experts or consultants during their review of the Source Code
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`Material; the Producing Party shall provide a non-networked computer
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`(“Notetaking Computer”) for the Receiving Party to take typewritten notes during
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`source code review. Such typewritten notes shall be permitted to be transferred to
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`the Receiving Party by USB drive or similar storage device transfer. Such
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`typewritten notes are not discoverable, shall be deleted from the Notetaking
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`Computer upon transfer to the Receiving Party, and Producing Party shall not
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`keep copies of the notes.
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`n. The Producing Party may maintain a log of the names of persons who enter the
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`designated facility to view the Source Code Material, and when they enter and
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`depart. The Receiving Party’s outside counsel of record and/or outside experts or
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`consultants shall sign in and out on any such log. The Producing Party shall be
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`entitled to have a person observe all entrances, exits from and activities in the
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`Source Code Material viewing room, but may not listen in on any communication
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`occurring among Receiving Party’s outside counsel and/or outside experts or
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`consultants. Proper identification of all authorized persons shall be provided prior
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`to any access to the Source Code Material viewing room or the computer
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`containing Source Code Material. Proper identification requires showing, at a
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`minimum, a photo identification card sanctioned by the government of any State
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`of the United States, by the government of the United States, or by the nation state
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`of the authorized person’s current citizenship. Access to the secure room or the
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`Source Code Computer may be denied, at the discretion of the supplier, to any
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`individual who fails to provide proper identification.
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`11.
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`Any attorney representing Plaintiff, whether in-house or outside counsel, and any person
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`associated with Plaintiff and permitted to receive a Defendant’s Protected Material that is
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`designated RESTRICTED ATTORNEYS’ EYES ONLY
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`and/or RESTRICTED
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`CONFIDENTIAL SOURCE CODE (collectively “HIGHLY SENSITIVE MATERIAL”), who
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`obtains, receives, has accessed, or otherwise learns, in whole or in part, the other Party’s HIGHLY
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`SENSITIVE MATERIAL under this Order shall not prepare, prosecute, supervise, or assist in the
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`preparation or prosecution of any patent application relating to i) the field of invention of the
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`patents-in-suit; ii) the accused infringing technology of the Defendants’; or iii) methods and
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`systems for data compression during the pendency of this Action and for one years after its
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`conclusion, including any appeals. To ensure compliance with the purpose of this provision,
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`Plaintiff shall create an “Ethical Wall” between those persons with access to HIGHLY
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`SENSITIVE MATERIAL and any individuals who, on behalf of Plaintiff or its acquirer, successor,
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`predecessor, or other affiliate, prepare, prosecute, supervise or assist in the preparation or
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`prosecution of any patent application relating to categories i), ii), or iii) above. In addition, no one
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`subject to this bar shall participate in the preparation or prosecution of any reexamination, inter
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`partes review, covered business method review, or post-grant review relating to i) the field of
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`invention of the patents-in-suit; ii) the accused infringing technology of the Defendants’; or iii)
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`methods and systems for data compression Notwithstanding the foregoing, a person that is
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`otherwise subject to this provision (“the Barred Individual”) shall not be precluded from
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`participating in reexamination, inter partes review, covered business method review, or post-grant
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`review so long as the Barred Individual does not provide any input on drafting or amending claims
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`or any input on arguments made in connection with any new or amended claims.
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`12.
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`To the extent that any one of the Defendants in this litigation provides DESIGNATED
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`MATERIAL under the terms of this Order to the Plaintiff, the Plaintiff shall not share that
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`material with the other Defendants in this Action, absent express written permission from the
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`producing Defendant. This Order does not confer any right to any one Defendant to access the
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`DESIGNATED MATERIAL of any other Defendant. For the avoidance of doubt, in no case
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`shall any information designated as RESTRICTED - ATTORNEYS’ EYES ONLY and/or
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`RESTRICTED CONFIDENTIAL SOURCE CODE by a Defendant be provided to any other
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`Defendant or Defendant’s counsel by any Party or counsel absent explicit agreement from the
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`Party designating the information. Without the express prior written consent of the Defendant
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`that produced the DESIGNATED MATERIAL, no expert or consultant retained by a Defendant
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`in this matter shall have access to DESIGNATED MATERIAL produced by another Defendant
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`in this matter. Notwithstanding the foregoing, in-house counsel designated in paragraph 5(c) for
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`a specific Defendant may have access to settlement agreements, licenses, and covenants not to
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`sue regarding any of the patents asserted in this Action, even if designated as RESTRICTED -
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`ATTORNEYS’ EYES ONLY and even if containing DESIGNATED MATERIAL from a
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`different Defendant.
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`13.
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`Nothing in this Order shall require production of documents, information or other
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`material that a Party contends is protected from disclosure by the attorney-client privilege, the
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`work product doctrine, or other privilege, doctrine, or immunity. If documents, information or
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`other material subject to a claim of attorney-client privilege, work product doctrine, or other
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`privilege, doctrine, or immunity is inadvertently or unintentionally produced, such production
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`shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to, any such
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`privilege, doctrine, or immunity. Any Party that inadvertently or unintentionally produces
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`documents, information or other material it reasonably believes are protected under the attorney-
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`client privilege, work product doctrine, or other privilege, doctrine, or immunity may obtain the
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`return of such documents, information or other material by promptly notifying the recipient(s)
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`and providing a privilege log for the inadvertently or unintentionally produced documents,
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`information or other material. The recipient(s) shall gather and return all copies of such
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`documents, information or other material to the Producing Party, except for any pages containing
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`privileged or otherwise protected markings by the recipient(s), which pages shall instead be
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`destroyed and certified as such to the Producing Party. No use shall be made of such documents
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`or information during depositions, through motion practice, or at trial, except for the sole
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`purpose of a motion to compel the production of said document. In the case of such returned
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`production, the Producing Party shall provide a privilege log identifying such documents or
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`information within three (3) business days of its original notice to the Receiving Party. The
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`Receiving Party may move the Court for an Order compelling production of any such documents
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`or information in accordance with the Federal Rules of Civil Procedure.
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`14.
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`There shall be no disclosure of any DESIGNATED MATERIAL by any person
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`authorized to have access thereto to any person who is not authorized for such access under this
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`Order. The Parties are hereby ORDERED to safeguard all such documents, information and
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`material to protect against disclosure to any unauthorized persons or entities. In the event of any
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`accidental or inadvertent disclosure of DESIGNATED MATERIAL other than in a manner
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`authorized by this Protective Order, counsel for the party responsible for the disclosure shall
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`immediately notify opposing counsel of all the pertinent facts, and make every effort to prevent
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`further unauthorized disclosure including retrieving all copies of the DESIGNATED
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`MATERIAL from the recipient(s) thereof and securing the agreement of the recipients not to
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`further disseminate the DESIGNATED MATERIAL in any form. Compliance with the
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`foregoing shall not prevent a party from seeking further relief from the Court.
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`16
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`Case 1:17-cv-02097-RBJ Document 69 Filed 02/27/18 USDC Colorado Page 17 of 24
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`15.
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`Nothing contained herein shall be construed to prejudice any Party’s right to use any
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`DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided that the
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`DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i) eligible to have access to
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`the DESIGNATED MATERIAL by virtue of his or her employment with the designating party,
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`(ii) identified in the DESIGNATED MATERIAL as an author, addressee, or copy recipient of
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`such information, (iii) although not identified as an author, addressee, or copy recipient of such
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`DESIGNATED MATERIAL, has, in the ordinary course of business, seen such DESIGNATED
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`MATERIAL, (iv) a current or former officer, director or employee of the Producing Party or a
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`current or former officer, director or employee of a company affiliated with the Producing Party;
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`(v) counsel for a Party, including outside counsel and in-house counsel (subject to paragraph 9 of
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`this Order); (vi) an independent contractor, consultant, and/or expert retained for the purpose of
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`the litigation of this Action; (vii) court reporters and videographers; (viii) the Court; or (ix) other
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`persons entitled hereunder to access to DESIGNATED MATERIAL. DESIGNATED
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`MATERIAL shall not be disclosed to any other persons unless prior authorization is obtained
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`from counsel representing the Producing Party or from the Court.
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`16.
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`Parties may, at the deposition or hearing or within thirty (30) days after receipt of a
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`deposition or hearing transcript, designate the deposition or hearing transcript or any portion
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`thereof as “CONFIDENTIAL,” “RESTRICTED - ATTORNEYS’ EYES ONLY,” or
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`“RESTRICTED CONFIDENTIAL SOURCE CODE” pursuant to this Order. Access to the
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`deposition or hearing transcript so designated shall be limited in accordance with the terms of
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`this Order. Until expiration of the 30-day period, the entire deposition or hearing transcript shall
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`be treated as “RESTRICTED - ATTORNEYS’ EYES ONLY”.
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`17
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`Case 1:17-cv-02097-RBJ Document 69 Filed 02/27/18 USDC Colorado Page 18 of 24
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`17.
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`The parties understand that the Court does not entertain requests to restrict access to
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`materials under D.C.COLO.LCivR. 7.2, except in narrow situations as provided for in the
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`Court’s Practice Standards. DESIGNATED MATERIAL and pleadings or briefs quoting or
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`discussing DESIGNATED MATERIAL will not be accepted for filing “under seal” or otherwise
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`kept out of the public record in this action except by Court order issued upon motion of the party
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`seeking to file the documents under seal. Any request to restrict access must comply with the
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`requirements of D.C.COLO.LCivR 7.2. In accordance with the Court’s Practice Standards, the
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`Receiving Party shall refrain from filing DESIGNATED MATERIAL designated as such by the
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`opposing party or a third party with the Court or will redact such material in Court filings. In the
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`event a Receiving Party seeks to use, quote or discuss DESIGNATED MATERIAL designated
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`as such by the opposing party or a third party, in pleadings, briefs or in open court, the Receiving
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`Party shall first meet and confer with the opposing party or a third party to determine whether the
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`DESIGNATED MATERIAL may be filed publi