Gallardo et al v. USA et al

Filing 112

ORDER. Docket Nos. 1 , 2 , 3 , 4 , 7 , 8 , 9 , 10 , 13 , 15 , 27 , 49 , 58 , 62 , 63 , 71 , and 89 shall be restricted at Level One. On or before 5:00 PM on Monday, 3/5/2012, plaintiff Maria Gallardo shall re-file without filing res trictions redacted copies of Docket Nos. 1 , 7 , and 89 that comply with Federal Rule of Civil Procedure 5.2(a). On or before 5:00 PM on Monday, 3/5/2012, now terminated defendant City of Colorado Springs shall re-file without filing restrictions redacted copies of Docket Nos. 3 , 9 , and 15 that comply with Federal Rule of Civil Procedure 5.2(a). The Clerk of the Court shall re-file without filing restrictions redacted copies of Docket Nos. 2 , 4 , 8 , 10 , 13 , 27 , 49 , 58 , [ 62], 63 , and 71 that comply with Fed. R. Civ. P. 5.2(a). The Clerk of the Court shall remove the minor child's full name from the Electronic Case Filing Caption and from the text entries in Docket Nos. 1 , 3 , 17 , 22 , 35 , 44 , 45 , 46 , 56 , 60 , 61 , 64 , 67 , 68 , 70 , 79 , 82 , 85 , and 86 and replace it with the initials D.R.G. On or before 5:00 p.m. on Monday, March 5, 2012, the guardian ad litem shall inform the Court if there are any other documents or dock et entries not included in this order that D.R.G. requests be subject to an order pursuant to Federal Rule of Civil Procedure 5.2(d). By Judge Philip A. Brimmer on 2/28/12. (mnfsl, ) Modified on 3/1/2012 to correct filed date and signature date (mnfsl, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 10-cv-00868-PAB-CBS
MARIA GALLARDO and
D.R.G., a minor child by and through
her natural mother and next best friend, MARIA GALLARDO,
Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter is before the Court on the motion for protective order pursuant to
Fed. R. Civ. P. 5.2(d) [Docket No. 108] filed by plaintiff D.R.G.’s guardian ad litem, Mr.
Manual J. Solano. On February 21, 2012, the Court ordered, in light of many docket
entries that included the full name of the minor plaintiff D.R.G., that Mr. Solano indicate
whether he believed the protections of Fed. R. Civ. P. 5.2(a) had been waived and, if
not, whether D.R.G. wished to have the Court enter an order pursuant to Fed. R. Civ. P.
5.2(d).
In the present motion, Mr. Solano indicates that he does not believe that there
has been a waiver pursuant to Fed. R. Civ. P. 5.2(a) and requests that an order issue
pursuant to Fed. R. Civ. P. 5.2(d). The Court will issue an order to enforce the privacy
protections outlined in Rule 5.2(a), but will not issue a blanket order, as requested by
Mr. Solano, sealing all previous filings in this case. Instead, it is

ORDERED that Docket Nos. 1, 2, 3, 4, 7, 8, 9, 10, 13, 15, 27, 49, 58, 62, 63, 71,
and 89 shall be restricted at Level One. It is further
ORDERED that, on or before 5:00 p.m. on Monday, March 5, 2012, plaintiff
Maria Gallardo shall re-file without filing restrictions redacted copies of Docket Nos. 1,
7, and 89 that comply with Federal Rule of Civil Procedure 5.2(a). It is further
ORDERED that, on or before 5:00 p.m. on Monday, March 5, 2012, nowterminated defendant City of Colorado Springs shall re-file without filing restrictions
redacted copies of Docket Nos. 3, 9, and 15 that comply with Federal Rule of Civil
Procedure 5.2(a). It is further
ORDERED that the Clerk of the Court shall re-file without filing restrictions
redacted copies of Docket Nos. 2, 4, 8, 10, 13, 27, 49, 58, 62, 63, and 71 that comply
with Fed. R. Civ. P. 5.2(a). It is further
ORDERED that the Clerk of the Court shall remove the minor child’s full name
from the Electronic Case Filing Caption and from the text entries in Docket Nos. 1, 3,
17, 22, 35, 44, 45, 46, 56, 60, 61, 64, 67, 68, 70, 79, 82, 85, and 86 and replace it with
the initials D.R.G. It is further
ORDERED that, on or before 5:00 p.m. on Monday, March 5, 2012, the
guardian ad litem shall inform the Court if there are any other documents or docket
entries not included in this order that D.R.G. requests be subject to an order pursuant to
Federal Rule of Civil Procedure 5.2(d).

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DATED February 28, 2012.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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