Martinez v. Adams County School District 14 et al

Filing 30

PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 9/20/11. (cbssec)

IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00372-PAB-CBS
DEBORAH MARTINEZ,
Plaintiff,
v.
ADAMS COUNTY SCHOOL DISTRICT 14,
LYNN HEINTZMAN, in her individual capacity,
PHIL BEDFORD, in his individual capacity,
HOLLENE DAVIS, in her individual capacity, and
SUE CHANDLER, in her individual capacity.
Defendants.
STIPULATED PROTECTIVE ORDER

PURSUANT TO F.R.Civ.P. 26(c), IT IS HEREBY AGREED BETWEEN THE PARTIES AND
ORDERED BY THE COURT that the following provisions concerning confidential treatment of
documents, answers to interrogatories, or requests for admission produced by the Plaintiff or Defendant, or
answers to deposition questions, or other responses to discovery requests, including inspections of tangible
items, shall apply in the above-captioned matter.
1.

Documents, answers to interrogatories, responses to requests for admissions, appropriate

portions thereof or other responses to discovery requests, which are to be treated as confidential because
they reflect (a) a trade secret; (b) confidential research, development, or commercial information; (c)
confidential personal or financial information; or, (d) confidential student information or records shall be
designated by the producing, party as "CONFIDENTIAL." This designation shall be made by stamping
the word “CONFIDENTIAL" in ink on the copy of each confidential document or portion thereof
produced to opposing parties by the producing party. In any instance where such stamping is not feasible,
the parties shall agree upon a reasonable substitute indication of confidentiality. One such indication is a
written letter to opposing counsel identifying confidential documents with reasonable particularity. Such
documents, answers, portions of answers or responses shall be treated as confidential under and subject to
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the provisions of this Order. Confidential information shall include:
The term “Confidential Information” means information in written, oral, electronic or other form,
whether it be a document; a portion of a document; correspondence; information contained in or derived
from a document; information revealed during a deposition; an affidavit; expert reports; legal briefs or
memoranda; trial or hearing testimony; arbitration; information revealed in responding to a discovery
request, such as answers to interrogatories and responses to requests for admission; related information;
information disclosed pursuant to the disclosure or discovery obligations created by the rules of civil
procedure: that a party or person believes, in good faith, reveals business, competitive, proprietary, trade
secret or other information of a sensitive nature about the party (or of another person which
information the party is under a duty to maintain in confidence), including student’s personal
information deemed confidential under applicable federal and state statues, including, but not limited to
the Federal Educational Rights and Privacy Act (“FERPA”); patient health information deemed
confidential under applicable federal and state statutes, rules regulations, and common law principles,
including, without limitation, the privacy and security provisions of the Health Insurance Portability
and Accountability Act of 1996 (“HIPAA”) and its implementing regulations; financial or tax
information of the parties; or information that implicates common law and statutory privacy interests of
(a) current or former Adams 14 School District employees, and (b) current or former Adams 14 School
District students. See, e.g., 22 U.S.C. § 1232g and 34 C.F.R. § 99.3 (concerning disclosure of personally
identifiable information regarding students); section 24-72-204(3)(a)(II)(A), C.R.S. (concerning
disclosure of personnel records); and sections 19-1-304(1)(a) and (b.5), C.R.S. (concerning disclosure
of juvenile delinquency records and arrest and criminal records information).
Confidential Information shall not include any and all public records or information
that is accessible to or by the public.
2.

All answers to interrogatories, requests for admission. documents, or other responses to

discovery requests or portions thereof, designated "CONFIDENTIAL" in accordance with this Order, and
the information obtained, derived or generated from confidential material, shall not be used for any
purpose other than pre-trial proceedings, preparation for trial, at trial, and post trial litigation in connection
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with the above captioned action.
3.

Confidential documents, pleadings and information may be disclosed to the following

classes of persons (collectively “Recipients”):
(A)

The parties and the counsel of record for the parties and members or associates of

the firms;
(B)

The non-technical, clerical, or paralegal staff employed by counsel referred to in

the preceding subparagraph:
(C)

Independent experts and/or consultants retained by counsel to assist in this

litigation;
(D)

Any person or entity designated as author, addressee, or recipient of such

document: and
(E)

Any person or entity to whom the document itself indicates that the information

therein was previously communicated;
(F)
(G)

Deponents;

(I)

4.

The Court and its employees;

Witnesses or potential witnesses.

No Deponents shall retain a copy of any Confidential documents from this lawsuit

except for review during his or her deposition or during review of the deposition for accuracy.
5.

No witnesses or potential witnesses shall retain a copy of any Confidential document from

this lawsuit. A witness or potential witness is allowed to review a copy of any Confidential documents in
the physical presence of counsel for one of the named parties who is responsible for ensuring that the
Confidential documents remain confidential. The witness or potential witness shall not receive a copy of
the document after his or her review
The persons identified in subparagraph (C) of paragraph 2 above must execute an affidavit in the
form set forth in Exhibit A attached hereto prior to the receipt of any confidential documents or
information.
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6.

Counsel disclosing documents or information to persons specified in subparagraph (C) of

paragraph 2 above shall retain the affidavits executed by such persons until the conclusion of this litigation
or otherwise as this Court may order. The Court may direct disclosing counsel to produce affidavits at any
time upon a showing of good cause.
7.

No Recipient shall photocopy or otherwise retain any facsimile, summary, or synopsis of

any confidential documents or information other than for use solely for the purposes of this litigation.
Within 60 days from the date of entry of a final judgment or order of dismissal in this litigation, each
Recipient shall return to counsel for the producing party any and all copies of the confidential documents
and information and any notes, memoranda, reports, transcripts, exhibits, or other documents referring to
or relating to such confidential documents or information, excluding attorney work product, or certify that
such documentation and information has been destroyed.
8.

During any deposition, confidential documents, answers to interrogatories or requests for

admission, or prior hearing or deposition transcripts may be disclosed to any deponent or witness who is a
Recipient as defined herein. Deponents may likewise be asked to disclose confidential information which
is within their knowledge. In the event confidential documents or information are used, disclosed or
elicited during any deposition, counsel shall designate during the deposition the documents and
information, and all portions of the deposition transcripts which refer to such documents and information,
as "CONFIDENTIAL" pursuant to the provisions of this Order. Portions of depositions shall be designated
as "CONFIDENTIAL" by a statement on the record at the deposition by counsel that the testimony is
confidential and subject to the provisions of this Order. In the event that such a designation is made, the
portion of the deposition subject to the confidential designation may be attended by the deponent, any
Recipients otherwise entitled to attend, and the appropriate court or deposition reporters. The deponent or
court or deposition reporter in attendance at such deposition shall be subject to all restrictions and
obligations applicable to Recipients.
9.

In addition to the procedure described in the preceding paragraph, a party may designate a

portion of a deposition as confidential within ten (10) days after receipt of the deposition transcript. This
designation shall be made by delivery to trial counsel in this case of a written notice of the designation,
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identifying the deposition and specifying by page and line the portions designated as confidential. Portions
of depositions designated in accordance with this paragraph shall be subject to the same restrictions as
portions contemporaneously designated in accordance with the preceding paragraph. The failure of a party
to contemporaneously designate a portion of a deposition as confidential in accordance with the preceding
paragraph shall not constitute a waiver of any claim that the information constitutes a trade secret or other
confidential research, development, personal, financial or commercial information, provided that the
portion of the deposition is timely designated in accordance with this paragraph. However, no person or
party shall he subject to any sanction under this Order arising from the use or disclosure, prior to receipt of
the written designation, of deposition testimony not previously designated under the terms of paragraph 6.
10.

If at any time a party objects to a designation of a document, interrogatory answer, or

response to request for admission, or a portion of a deposition as "CONFIDENTIAL", the objecting party
shall notify the designating party and the parties involved within 10 calendar days. The parties shall
attempt to resolve their differences through negotiation. Thereafter, the objecting party or persons shall
move the Court for a prompt ruling that the document or information is not confidential. The document
shall be treated as confidential until a ruling by the Court.
11.

In the event that counsel for a party deems it necessary to disclose any information that a

producing party has designated "CONFIDENTIAL" to any person not specified in paragraph 2 above, said
counsel shall notify counsel for the producing party in writing of (a) the information or documents to be
disclosed, and (b) the person(s) to whom such disclosure is to be made, and shall attempt to reach
agreement regarding such disclosure. If agreement cannot be reached, the party wishing such disclosure
shall make an appropriate motion. In the event of such motion, this Court shall rule as to whether such
disclosure may be made and whether any restrictions or limitations should be placed on such disclosure.
12.

Unless otherwise agreed to in writing by the parties or ordered by the Court all

proceedings involving or relating to documents or any other information shall be subject to the provisions
of this Protective Order.
13.

Any party may use confidential documents or information in any affidavit, brief,

memorandum of law, or other document filed in this litigation. Any documents utilizing these materials or
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information shall be filed in a sealed envelope with the Court marked "CONFIDENTIAL - Subject to
Protective Order in Civil Action No. 09-cv-02243-R PM " and shall be maintained under seal by the Court,
unless otherwise agreed to by the parties in writing, or ordered unsealed by the court.
14.

Nothing herein shall prevent disclosure beyond the terms of this Order if (a) the producing

party of confidential information consents in writing to such disclosure, or (b) such disclosure is otherwise
required by a lawful subpoena or order issued by a court of competent jurisdiction, or (c) this Court, after
notice to all affected parties, orders such disclosure.
15.

Nothing contained in this Order shall affect the right of any party to make objections or

other responses permitted by the Federal Rules of Civil Procedure to any request for production of
documents, interrogatory, request for admission, or question at a deposition, except matters of
confidentiality which this Order has addressed. Nothing in this Order shall constitute a ruling on any such
claim.
16.

This Order is entered pursuant to F.R.Civ.P. 26(c). The protections afforded pursuant to

this Order are continuing. No confidential information shall he disclosed in violation of this Order either
during or after this litigation.
Agreed and stipulated this ___ day of _____________, 2011.

Colorado Education Association

GORDON & REES, LLP

/s/ Cathy L. Cooper
Cathy L. Cooper, Esq.
1500 Grant Street
Denver, Colorado 80203
Telephone - 303-837-1500
Facsimile - 303-861-2039
Email - [e-mail]
Attorney for Plaintiff

/s John D. Keen
Lawrence L. Lee
John D. Keen
555 17th Street, Suite 3400
Denver, Colorado 80202
Phone: [phone]; Fax: [phone] Email:
llee@,gordonrees.com
[e-mail]
Attorneys for Defendants

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DATED at Denver, Colorado, this 20th day of September 2011September, 2011.
BY THE COURT:

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

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EXHIBIT A
STATE OF
COUNTY OF

)
) ss.
)

I, being first duly sworn, state that:
1.

My address is ____________________________________________________

2.
My present employer is _________________, and the address of my employer is
________________________.
3.

My present occupation or job description is __________________________.

4.
I have received a copy of the Stipulated Protective Order in this case (i.e 11-cv-00372-PABCBS, MARTINEZ v. ADAMS COUNTY SCHOOL DISTRICT 14 et al.) signed by the U.S.
District Court - Colorado.
5.
I have carefully read and understand the provisions of the Stipulated Protective Order, will
comply with all of its provisions, will hold in confidence and not disclose to anyone not qualified under
the Stipulated Protective Order any designated information or any words, substances, summaries,
abstracts or indices of designated information disclosed to me, and will return all designated
information and summaries, abstracts or indices thereof, and copies thereof, which come into my
possession, and documents or things which I have prepared relating thereto, to counsel for the party by
whom I am retained.
_____________________________________
Subscribed and sworn to before me this ___ day of _______________, 2011, by
_____________________, Notary Public.
Witness my hand and official seal.

_____________________________________
Notary Public
My Commission Expires:

ADAMS/1067362/10411253v.1

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