Maerz v. Scarffe et al

Filing 27

Stipulated PROTECTIVE ORDER. Signed by Judge Richard P. Matsch on 7/22/2009. (rpmcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 08cvO1899-RPM-KCM ADRIENNE M. MAERZ Plaintiff,

v.
NANCY SCARFFE, individually; JEFFERSONCOUNTY SCHOOL DISTRICT R-I, Defendants. STIPULATED PROTECTIVE ORDER CONCERNING CONFmENTIAL INFORMATION Upon showing of good causein supportof the entry of a protective order to protect the discovery and disseminationof confidential infonnation or infonnation which will improperly annoy, embarrass, oppressany party, witness,or personproviding discovery in this case,IT IS or

ORDERED: 1
This ProtectiveOrder shall apply to all documents, materials,and

information, including without limitation, documentsproduced,answersto interrogatories,responses requestsfor admission,depositiontestimony, and other information to disclosedpursuantto the disclosureor discovery duties createdby the FederalRules of Civil Procedureand designatedas "Confidential" pursuantto the terms of this Protective Order.
2.

As used in this ProtectiveOrder, "document" is defmed as provided in Fed. R.

Civ. P. 34(a). A draft or non-identical copy is a separate documentwithin the meaningof this

term.
3.

Infornlation designated"CONFIDENTIAL" shall be defined as: (a)

Documentsand information producedby Defendants, or any of Defendant's agentsor representativeswhen designatedas "confidential" as provided herein, concerning current or , fonDer employeesof Defendant including personnelor personnel-related documentsor internal memoranda,and any documentsidentifying studentand (b) Documentsand information producedby or obtainedthrough releases producedby Plaintiff, concerning individual medical, personalidentification, financial and/or tax records,academicrecordsor when designatedas "confidential" as provided herein.

4.

CONFillENTIAL information shall not be disclosedor usedfor any

purposeexceptthe preparationand trial of this case. 5 CONFIDENTIAL documents,materials,and/or information (collectively information") shall not, without the consentof the party producing it or

"CONFillENnAL

further Order of the Court, be disclosedexcept that such information may be disclosedto: (a) attorneysactively working on this case; (b) personsregularly employedor associated with the attorneysactively working on the casewhose assistance required by said attorneysin the preparationfor trial, is at trial, or at other proceedingsin this case; (c) the parties and designated representatives the entity defendant; for (d) expert witnessesand consultantsretainedin connectionwith this proceeding, to the extent such disclosure is necessary preparation,trial or other proceedingsin this for

case;
(e) the Court and its employees("Court Personnel"); (f) stenographicreporterswho are engagedin proceedingsnecessarilyincident

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to the conduct of this action; (g) deponents,witnesses,or potential witnesses;and (h) other personsby written agreement the parties. of

6.

Documentsare designatedas CONFIDENTIAL by placing or affixing on them

(in a mannerthat will not interfere with their legibility) the following or other appropriate notice: "CONFffiENTIAL." Any information designated a party as CONFffiENTIAL must by fIrst be reviewed by lawyer who will certify that the designationas CONFIDENTIAL is based on a good faith belief that the information is CONFillENTIAL or otherwise entitled to protection under Fed. R. Civ. P. 26(c)(l). Further, parties and attorneysdesignatingdocuments as CONFIDENTIAL representthat suchdocumentscontain information in which there is a legitimate private or public interest as referencedin D.C.Colo.LCivR 7.2(B)(2).
7.

Whenevera deposition involves the disclosureof CONFIDENnAL

information, the deposition or portions thereof shall be designatedas CONFIDENTIAL and shall be subjectto the provisions of this ProtectiveOrder. Such designationshall be madeon the record during the deposition wheneverpossible,but a party may designateportions of depositionsas CONFillENTIAL after transcription, provided written notice of the designationis promptly given to all counselof record within thirty (30) days after notice by the court reporter of the completion of the transcript.

8.

A party may object to the designationof particular CONFIDENTIAL

inforn1ationby giving written notice to the party designatingthe disputed inforn1ation.The written notice shall identify the information to which the objection is made.If the parties cannot resolvethe objection within ten (10) businessdaysafter the time the notice is received,it shall

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be the obligation of the party designatingthe infonnation as CONFIDENTIAL to file an appropriatemotion requestingthat the Court determinewhether the disputed information should be subjectto the terms of this Protective Order within thirty (30) days of the aforementioned notice. If such a motion is timely filed, the disputedinformation shall be treatedas CONFillENTIAL under the terms of this ProtectiveOrder until the Court rules on the motion If the designatingparty fails to file sucha motion within the prescribedtime, the disputed information shall lose its designationas CONFillENTIAL and shall not thereafterbe treatedas CONFillENTIAL in accordance with this ProtectiveOrder. In connectionwith a motion filed underthis provision, the party designatingthe information as CONFIDENTIAL shall bearthe burdenof establishingthat good causeexists for the disputed information to be treatedas

CONFillENnAL.
9.

DocumentsdesignatedCONFIDENTIAL shall not be filed with the Court

exceptwhen required in connectionwith motions under Fed. R. Civ. P. 12, 37, or 56, motions to determineconfidentiality under the terms of this ProtectiveOrder, motions related to discovery disputesif the confidential documentsare relevantto the motion and in appendices,briefs, or pleadingsrelating to an appeal.A party contemplatingfiling with the Court a documentor documentsdesignatedCONFIDENTIAL pursuantto and protectedby this ProtectiveOrder must comply with the requirementsof D.C.Colo.LCivR 7.2. A party seekingto file with the Court any documentor documentsdesignated CONFIDENTIAL pursuantto and protectedby this ProtectiveOrder, and which have beendesignated CONFillENTIAL by anotherparty, may requestthat the designatingparty provide the information required by D.C.Colo.LCivR 7.2(B). Suchrequestshall be madeby notifying counselfor the designatingparty in writing at leastten

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(10) businessdays before the filing is to occur. If such a requestis timely made, counsel for the party that has designatedthe document(s) CONFIDENTIAL shall, within five (5) businessdays,respond in writing providing the information required by D.C.Colo.LCivR 7.2(B). [fno such timely requestis made,the party seekingto file the CONFillENTIAL document(s)must in good faith supply the infonnation required by D.C.Colo.LCivR 7.2(B). If the party seekingto file the CONFillENTIAL document(s)made a timely requestand did not receive a written responsewithin five (5) business days,that party shall notify the Court and the Court will advise the parties regarding how to proceed.

10. The tenDs of this Protective Order shall survive the tennination of this action, and all
protections of this Protective Order shall thereafterremain in full effect.

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This Protective Order may be modified by the Court at any time for good causeshown

following notice to all parties and an opportunity for them to be heard.

BY THE COURT:

Rir:1!~~~t

Judge