Cacioppo v. Town of Vail, Colorado et al

Filing 14

SUPPLEMENTAL STIPULATION AND PROTECTIVE ORDER, signed by Judge Richard P. Matsch on 2/5/2010. (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO , Civil Action No. 09-cv-O2311-RPM MICHAEL CACIOPPO, Plaintiff,

v.
DARREN ANDERSON, and LUKE J. CAUSEY,

Defendants. SUPPLEMENTAL STIPULATI 0 N AND PROTECTIVE ORDER
Each party and eachCounselof Record stipulate and move the Court for Protective Order pursuantto Rule 26(c) of the FederalRules of Civil Procedureconcerning counsel for Plaintiffs review of Defendants' personnelfiles and, as groundstherefore,stateas follows: In this action, pursuantto F.R.C.P. 34, Plaintiff has requestedthe personnelfiles

of the Defendants.Giventhat the Town of Vail is no longera named Defendant this action, in Defendants of the position that the personnel are files are neither relevantnor reasonably calculated lead to the discoveryof admissible to evidence to the allegedillegal search as and seizureclaims againstthe individual Defendants.Defendants also take the positionthat the personnelfiles contain private and confidential information. Upon review of the files,
Defendantsare further of the opinion that the files do not contain any information that would otherwisebe admissibleunder the FederalRules of Evidence.

2.

The Parties assertthat the disclosureof such infonnation outside the scopeof this

litigation and to the Plaintiff at this time could result in significantinjury to the Defendants' privacy interests.The Partieshaveentered into this Supplemental Stipulationand request the Court enterthe within ProtectiveOrder for the purposeof facilitating counselfor Plaintiff's
review of the requestedinformation and, if necessary, in camera inspection of any disputed an documentsby the Court.
3,

Plaintiff and Defendants stipulateand agreethat should the Court enter this

Protective Order, Defendantswill label each documentwithin the personnel files as "CONFffiENTIAL - FOR AlTORNEY'S EYESONLY" andcounsel Plaintiff will be able for to reviewthepersonnel files.

4.

The parties have agreed that prior to counsel for Plaintiff's review of the

personnefiles, the following documents l will be removedfrom the files and not subjectto
review: (1) pre-employment physical, pre-employment psychological test, and any and all medical information within the files; (2) documentsrelating to pre-employrnent background investigationsconductedof the officers; (3) any financial information from the files; and (4) any private information which compromisesofficer safetyor the safety of family and friends.

s.

Counsel for Plaintiff will be allowed to review redactedjob applications,

performanceevaluations,training materials,commendations, and any disciplinary actions taken againstthe officers.

6.

Plaintiff and his counsel stipulate and agree that none of the information

containedwithin the documentsreviewed by counselfor Plaintiff can be sharedwith Plaintiff or used at all in this caseuntil and if the stepsset forth below have been satisfied.

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7.

If after his review of the files. counselfor Plaintiff requeststhat certain documents

be producedas "CONFIDENTIAL" pursuantto the Stipulation and Protective Order previously

enteredby the Court, he and counselfor Defendants will confer and attemptto reachan
agreement the proposeddocuments. on

8.

If the partiescannotreachan agreement after goodfaith conferral,Plaintiff will

file a motion with the Court seekingan in camera review of the disputed documentsrequesting

that the Court makea determination to the discoverability the disputed as of documents.Said
motion shall be filed under sealpursuantto the terms ofD.C.COLO.LCivR 7.2.

9.

After inspection, shouldthe Court determine that someor all of the submitted

documentsare discoverable,Defendantswill label those documentsas "CONFIDENTIAL" and they shall be subject to the ternlS of the Stipulation and Protective Order previously enteredin

this case. Counselfor Plaintiff will only be permittedto sharewith his client information
containedwithin any document from the personnelfiles should the Court order the document containingthat information be produced.

DATED this

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dayof

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,

"""~-;~: , 2010.

BY THE COURT:

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STIPULATED AND AGREED TO:

sf Brice A. Tondre Brice A. Tondre 215 South Wadswordl Blvd., #500 Lakewood,Colorado 80226 Telephone: [phone] Facsimile: [phone] e-mail: briceatondre~@.msn.com Anomeyfor Plaintiff sf Eric M. Zioorin Eric M. Ziporin SENTER GOLDFARB & RICE, L.L.C. 1700Broadway, Suite 1700 Denver, Colorado 80290 Telephone: [phone] Facsimile: [phone] e-mail: [e-mail] Attorneyfor Defendants

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