Bleck v. City of Alamosa, Colorado et al
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 11/3/2011. (kmtcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-03177-REB-KMT
CITY OF ALAMOSA, COLORADO, and
JOHN JACKSON, individually, and in his official capacity as Chief of Police of the Alamosa
JEFF MARTINEZ, individually, and in his official capacity as Law Enforcement Officer of
the Alamosa Police Department, and
B. COOPER, individually, and in his official capacity as Law Enforcement Officer of the
Alamosa Police Department,
The Court, having received and reviewed the parties stipulated motion for entry of
protective order, and being apprised of the contents of said motion and pursuant to Rule
26(c) of the Federal Rules of Civil Procedure,
HEREBY ENTERS the following Protective Order:
“Confidential Information” means all medical and counseling records of
Plaintiff and all documents produced from any City of Alamosa personnel files and/or
internal affairs investigation files, which includes any document, file, portions of files,
transcribed testimony, or response to discovery requests, including any extract, abstract,
chart, summary, note, or copy made therefrom - not made available to the public -
disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of
Civil Procedure and which implicates common law or statutory privacy interest, or is
otherwise entitled to protection under Fed. R. Civ. P. 26(c)(7).
Confidential Information shall not be disclosed or used for any purposes
outside of this litigation. Individuals authorized to review Confidential Information pursuant
to this Protective Order shall hold such information in confidence and shall not divulge such
information, either verbally or in writing, to any other person, entity, or government agency
unless authorized to do so by order of the Court.
Confidential Information shall not, without the consent of the party producing
it or further order of the Court, be disclosed to anyone except:
attorneys actively working on this case;
persons regularly employed or associated with the attorneys actively
working on this case whose assistance is required by said attorneys in the litigation of this
the parties, including the parties’ employees, officers, and directors
actively participating in the litigation of this case;
expert witnesses and consultants retained in connection with this case,
to the extent such disclosure is necessary for the litigation of this case;
the Court and its employees (“Court Personnel”);
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this case; and
other persons by written agreement of the parties.
The parties agree that prior to disclosing any Confidential 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 further agree that all such persons shall be bound by the terms set
Whenever a deposition involves the disclosure of Confidential Information,
the deposition or portions thereof shall be designated as Confidential and 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 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.
A party may object to the above-referenced designation of particular
Confidential Information 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 to file an appropriate motion requesting that the Court determine whether the
disputed information should be subject to the terms of this Protective Order. If such motion
is timely filed, the disputed information shall be treated as Confidential 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 and shall not thereafter be treated as Confidential in accordance with this
In connection with a motion filed under this provision, the party
designating the information as Confidential shall bear the burden of establishing that good
cause exists for the disputed information to be treated as Confidential.
The termination of this action, including any appeals, shall not relieve counsel
or other persons obligated hereunder from their responsibility to maintain the confidentiality
of Confidential Information pursuant to this Protective Order, and the Court shall retain
continuing jurisdiction to enforce the terms of this Protective Order.
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.
SO ORDERED this 3rd day of November, 2011.
BY THE COURT:
United States Magistrate Judge
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