Young v. LaPage et al

Filing 255

PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 8/26/13. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-01513-WJM-CBS
JOHNATHAN YOUNG, SR.,
Plaintiff,
v.
BROCK
Defendant.

PROTECTIVE ORDER

Upon a showing of good cause in support of the entry of a protective order to
protect the discovery and dissemination of confidential information or information which
will improperly annoy, embarrass, or oppress any party, witness, or person or entity
providing discovery in this case, IT IS ORDERED:

1.

This Protective Order shall apply to all documents, materials, and

information, including without limitation, documents produced, answers to
interrogatories, responses to requests for admission, deposition testimony, and other
information disclosed pursuant to the disclosure or discovery duties created by the
Federal Rules of Civil Procedure.
2.

As used in this Protective Order, "document" is defined as provided in

Fed. R. Civ. P. 34(a). A draft or non-identical copy is a separate document within the
meaning of this term.

3.

Information designated "CONFIDENTIAL" shall be information that is

confidential and implicates common law and/or statutory privacy interests of (a)
Plaintiffs in the above-captioned matter; and/or (b) records in the custody or control of
Defendant or Defendant’s employer, the El Paso County Sheriff’s Office.
CONFIDENTIAL information shall not be disclosed or used for any purpose except the
preparation and trial of this case.
4.

CONFIDENTIAL documents, materials, and/or information (collectively

"confidential information") shall not, without the consent of the party or entity producing
it or further Order of the Court, be disclosed except that such information may be
disclosed to:
(a)

attorneys actively working on this case;

(b)

persons regularly employed or associated with the attorneys

actively working on the case whose assistance is required by said attorneys in
the preparation for trial, at trial, or at other proceedings in this case;
(c)

the parties, including their designated representatives;

(d)

expert witnesses and consultants retained in connection with this

proceeding, to the extent such disclosure is necessary for preparation, trial or
other proceedings in this case;
(e)

the Court and its employees ("Court Personnel");

(f)

stenographic reporters who are engaged in proceedings

necessarily incident to the conduct of this action;
(g)

deponents, witnesses, or potential witnesses; and

(h)

other persons by prior written agreement of the parties.
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4.5

Information designated "CONFIDENTIAL—Attorneys’ Eyes Only" shall be

information that is confidential and implicates common law and/or statutory privacy
interests of the El Paso County Sheriff’s Office. CONFIDENTIAL—Attorneys’ Eyes Only
information shall not be disclosed or used for any purpose except the preparation and
trial of this case, and more specifically shall never be disclosed to the named Plaintiff in
this case; to any witnesses who do not have security clearance for the El Paso County
Jail; to any member of the general public; or to any other individual or entity except as
stated in this Order. Information designated "CONFIDENTIAL—Attorneys’ Eyes Only"
shall not, without the consent of the party or entity producing it or further Order of the
Court, be disclosed except that such information may be disclosed to:
(a)

attorneys actively working on this case;

(b)

persons regularly employed or associated with the attorneys

actively working on the case whose assistance is required by said attorneys in
the preparation for trial, at trial, or at other proceedings in this case;
(c)

expert witnesses and consultants retained in connection with this

proceeding, to the extent such disclosure is necessary for preparation, trial or
other proceedings in this case, and so long as any such expert witness has never
been incarcerated (except as agreed-to in writing by undersigned counsel before
disclosure);
(d)

the Court and its employees ("Court Personnel");

(e)

stenographic reporters who are engaged in proceedings

necessarily incident to the conduct of this action;
(h)

other persons by written agreement of the parties.
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5.

Prior to disclosing any CONFIDENTIAL or CONFIDENTIAL—Attorneys’

Eyes Only information to any person listed above (other than counsel, persons
employed by counsel, Court Personnel and stenographic reporters), counsel shall
provide such person with a copy of this Protective Order and obtain from such person a
written acknowledgment, in the form attached hereto as Exhibit A, stating that he or she
has read this Protective Order, understands its terms, and agrees to be bound by its
provisions. All such acknowledgements shall be retained by counsel until conclusion of
the case, including any appeals.
6.

Documents are designated as CONFIDENTIAL or CONFIDENTIAL—

Attorneys’ Eyes Only by placing or affixing on them on each page (in a manner that will
not interfere with their legibility) the following or other appropriate notice:
"CONFIDENTIAL" or “CONFIDENTIAL—Attorneys’ Eyes Only.” Any information
designated by a party as CONFIDENTIAL or CONFIDENTIAL—Attorneys’ Eyes Only
must first be reviewed by a lawyer who will certify that the designation as
CONFIDENTIAL or CONFIDENTIAL—Attorneys’ Eyes Only is based on a good faith
belief that the information is confidential or otherwise entitled to protection under Fed. R.
Civ. P. 26(c)(1). Further, parties and attorneys designating documents as
CONFIDENTIAL or CONFIDENTIAL—Attorneys’ Eyes Only represent that such
documents contain information in which there is a legitimate private interest as
referenced in D.C.Colo.LCivR 7.2(B)(2).
7.

Whenever a deposition involves the disclosure of CONFIDENTIAL or

CONFIDENTIAL—Attorneys’ Eyes Only information, the deposition or portions thereof
shall be designated as CONFIDENTIAL or CONFIDENTIAL—Attorneys’ Eyes Only and
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shall be subject to the provisions of this Protective Order. Such designation shall be
made on the record during the deposition whenever possible, but a party may designate
portions of depositions as CONFIDENTIAL or CONFIDENTIAL—Attorneys’ Eyes Only
after transcription, provided written notice of the designation is promptly given to all
counsel of record within thirty (30) days after notice by the court reporter of the
completion of the transcript.
8.

A party may object to the designation of particular information as

CONFIDENTIAL or CONFIDENTIAL—Attorneys’ Eyes Only by giving written notice to
the party designating the disputed information. The written notice shall identify the
information to which the objection is made. If the parties cannot resolve the objection
within ten (10) business days after the time the notice is received, it shall be the
obligation of the party designating the information as CONFIDENTIAL or
CONFIDENTIAL—Attorneys’ Eyes Only to file an appropriate motion requesting that the
Court determine whether the disputed information should be subject to the terms of this
Protective Order within thirty (30) days of the aforementioned notice. If such a motion is
timely filed, the disputed information shall be treated as CONFIDENTIAL or
CONFIDENTIAL—Attorneys’ Eyes Only under the terms of this Protective Order until
the Court rules on the motion. If the designating party fails to file such a motion within
the prescribed time, the disputed information shall lose its designation as
CONFIDENTIAL or CONFIDENTIAL—Attorneys’ Eyes Only and shall not thereafter be
treated as CONFIDENTIAL or CONFIDENTIAL—Attorneys’ Eyes Only in accordance
with this Protective Order. In connection with a motion filed under this provision, the
party designating the information as CONFIDENTIAL or CONFIDENTIAL—Attorneys’
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Eyes Only shall bear the burden of establishing that good cause exists for the disputed
information to be treated as CONFIDENTIAL or CONFIDENTIAL—Attorneys’ Eyes
Only.
9.

A party contemplating filing with the Court a document or documents

designated CONFIDENTIAL or CONFIDENTIAL—Attorneys’ Eyes Only pursuant to and
protected by this Protective Order must comply with the requirements of
D.C.Colo.LCivR 7.2 and file a motion to seal the documents. A party seeking to file with
the Court any document or documents designated CONFIDENTIAL or
CONFIDENTIAL—Attorneys’ Eyes Only pursuant to and protected by this Protective
Order, and which have been designated CONFIDENTIAL or CONFIDENTIAL—
Attorneys’ Eyes Only by another party, may request that the designating party provide
the information required by D.C.Colo.LCivR 7.2(C). Such request shall be made by
notifying counsel for the designating party in writing at least five (5) business days
before the filing is to occur. If such a request is timely made, counsel for the party that
has designated the document(s) CONFIDENTIAL or CONFIDENTIAL—Attorneys’ Eyes
Only shall, within three (3) business days, respond in writing providing the information
required by D.C.Colo.LCivR 7.2(C). If no such timely request is made, the party
seeking to file the CONFIDENTIAL or CONFIDENTIAL—Attorneys’ Eyes Only
document(s) must in good faith attempt to supply the information required by
D.C.Colo.LCivR 7.2(C) in the motion to seal.
10.

At the conclusion of this case, including any appeals, unless other

arrangements are agreed upon, each document and all copies thereof which have been
designated as CONFIDENTIAL or CONFIDENTIAL—Attorneys’ Eyes Only shall be
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returned to the party that designated it CONFIDENTIAL or CONFIDENTIAL—Attorneys’
Eyes Only, or the parties may elect to destroy CONFIDENTIAL or CONFIDENTIAL—
Attorneys’ Eyes Only documents. Where the parties agree to destroy CONFIDENTIAL
or CONFIDENTIAL—Attorneys’ Eyes Only documents, each parties’ counsel shall be
responsible to insure that the CONFIDENTIAL or CONFIDENTIAL---Attorneys’ Eyes
Only documents have been destroyed. The termination of this action shall not relieve
counsel or other persons obligated hereunder from their responsibility to maintain the
confidentiality of any confidential information pursuant to this Protective Order.
11.

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

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

DATED at Denver, Colorado, on August 26, 2013.
BY THE COURT:

s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge

Partial Source: Gillard v. Boulder Valley School District RE-2, et al., 196 F.R.D. 382 (D.
Colo. 2000).

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EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-01513-WJM-CBS
JOHNATHAN YOUNG, SR.,
Plaintiff,
v.
BROCK
Defendant.

AGREEMENT TO TERMS OF PROTECTIVE ORDER

I, _______________________________, having reviewed this Stipulated
Protective Order entered by the Court, agree to be bound by its terms and to submit to
the jurisdiction of the Court for purposes of enforcing this Order.
Dated: _________________