Lopez v. Suncor Energy (U.S.A.) Inc. et al

Filing 57

ORDER. The previous Order 49 is VACATED. Defendants Proposed Revised Protective Order 52 is DENIED. By Magistrate Judge Boyd N. Boland on 1/5/2012.(sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 11-cv-00081-LTB-BNB
BRENDA M. LOPEZ,
Plaintiff,
v.
SUNCOR ENERGY (U.S.A.) INC., a Delaware corporation, and
SUNCOR ENERGY SERVICES INC.,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on Defendants’ Proposed Revised Protective Order [Doc. # 52, filed
12/8/2011] (the “Second Motion”).
A related issue previously was before me on Plaintiff’s Motion for Blanket Protective
Order [Doc. # 44, filed 11/11/2011] (the “First Motion”). Both parties sought the entry of a
blanket protective order, but they could not agree on the proper scope of the material entitled to
be designated as Confidential. I held a hearing on the Motion on December 1, 2011. Despite my
efforts to assist, the parties still are unable to agree on the scope of material entitled to be
designated as Confidential.
Under circumstances like these, where the parties cannot agree even as to basics, I do not
anticipate that a blanket protective order can be effectively utilized or that it will facilitate
orderly and efficient discovery. See Gillard v. Boulder Valley Schools, 196 F.R.D. 382, 384 (D.
Colo. 2000). Consequently, I will not enter one. If necessary, the parties may seek protection by
means of particularized protective orders, id. at 385, but in doing so they should bear in mind the

mandates of Rules 26(c)(3) and 37(a)(5), Fed. R. Civ. P., concerning the award of attorneys fees
and costs.
IT IS ORDERED:
(1)

My previous Order [Doc. # 49, filed 12/1/2011] is VACATED; and

(2)

The Second Motion [Doc. # 52] is DENIED.

Dated January 5, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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