Lopez et al v. City of Lakewood et al

Filing 20

PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 8/5/2011. (erv, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00920-CMA-MEH
GERALD EDWARD LOPEZ,
BETSY LOPEZ,
THOMAS L. LOPEZ, and
GERALD EDWARD LOPEZ, JR.,
Plaintiffs,
v.
CITY OF LAKEWOOD,
MICHELE DELEON,
JAMES J. DAVIES,
SEAN RADKE,
BRIAN LOVEJOY, and
JENNIFER DOUGHERTY,
Defendants.

PROTECTIVE ORDER

Pursuant to this Court’s order granting in part and denying in part the Joint Stipulated
Motion for Protective Order filed by the parties, the Court hereby ORDERS:
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 that is disclosed in
this matter pursuant to the disclosure or discovery duties created by the Federal Rules of
Civil Procedure and is designated as confidential pursuant to the procedures described
herein.

2.

As used in this Protective Order, “document” is defined as provided by Fed.

R. Civ. P. 34(a). A draft or non-identical copy is a separate document within the meaning
of this term.
3.

One who provides, serves, discloses or files any nonpublic documents or

information in connection with this civil action, and who in good faith believes any such
document or information contains nonpublic personal, private, mental health, medical,
social services, or other information implicating privacy interests or proprietary interests of
Plaintiffs, Defendants, or any other person may designate such documents or information
as “Confidential.”

The documents or information so designated shall be deemed

“Confidential Material” subject to this Protective Order.
4.

Confidential Material shall be subject to the following restrictions. Confidential

Material shall be used only for the limited purpose of preparing for and conducting this civil
action (including any appeals), and not for any other purpose whatsoever, and shall not,
without the consent of the party producing it or further Order of the Court, be disclosed in
any way to anyone except those specified in this paragraph:
a.

attorneys actively working on this civil action;

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, or at other proceedings in this case;

c.

the parties and designated representatives of Defendant City of Lakewood;

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 (or witnesses testifying at trial who were not previously deposed),

h.

witnesses or potential witnesses who execute the attached Exhibit A;

i.

and other persons, by written agreement of the parties, who execute the
attached Exhibit A.

5.

Except as specified herein, no Confidential Material shall be disclosed to

anyone other than the named parties in this litigation or their counsel until said person first
signs the agreement with respect to the confidentiality of such information in the form
attached hereto as Exhibit A. Prior to disclosing any Confidential Material to any person
listed in paragraph 4 above (other than counsel, persons employed by counsel, deponents,
witnesses at trial who were not previously deposed, Court Personnel and stenographic
reporters), counsel shall provide such person with a copy of this Protective Order and have
such person execute a copy of Exhibit A acknowledging that he or she read this Protective
Order and agreed to be bound by its provisions. All such acknowledgments shall be
retained by counsel and shall be subject to in camera review by the Court if good cause for
review is demonstrated by opposing counsel.
6.

This Protective Order shall not prohibit or restrain any party from performing

the tasks necessary to prepare for trial; however, any re-disclosure or communication of
the information covered by this Protective Order, except as specifically allowed by this
Protective Order for the purposes of this litigation only, is strictly prohibited. The objects
of this Protective Order are that none of the information revealed in connection with such

protections be used for any purpose other than in relation to this litigation and that no one
be allowed to use any information produced pursuant to this Protective Order in connection
with any other issue, dispute, litigation or charge against any of the parties whether
currently pending or contemplated in the future.
7.

No reproduction of information disclosed in reliance on this Protective Order

is authorized, except to the extent copies are required to prepare the case for trial. All
copies, excerpts, or summaries made, shown, or given to those authorized hereby and
according to the provisions hereof shall be stamped to indicate the protected and
confidential nature of the disclosed information. Review of Confidential Material by
counsel, experts or consultants for the litigation will not constitute any waiver of the
confidentiality of the document or of any objections to production. The inadvertent,
unintentional or in camera disclosure of Confidential Material shall not, under any
circumstances, be deemed a waiver, in whole or in part, of any claims of confidentiality.
8.

Counsel to the Parties are required to advise, instruct and supervise all

associates, staff and employees of counsel to keep designated Confidential Material
confidential in the strictest possible fashion. Counsel and the Parties also agree to such
treatment of the information by themselves, and counsel will appropriately instruct their
clients as to the protected nature of the information produced pursuant to this order and the
limitations on its use and disclosure.
9.

Documents are designated as Confidential Material by placing or affixing on

them (in a manner that will not interfere with their legibility) the following or other
appropriate notice: “CONFIDENTIAL.”
10.

Whenever a deposition involves the disclosure of Confidential Material, the

deposition or portions thereof shall be designated as Confidential and subject to 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.

The cover page, those portions of the original transcripts that contain

confidential material shall bear the legend “CONFIDENTIAL—SUBJECT TO PROTECTIVE
ORDER,” and shall be bound separately from the non-confidential portions of the transcript.
Any deposition exhibits designated confidential shall also be bound separately.
11.

A party may object to the 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 a
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 Protective Order. 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.
12.

After the conclusion of this case, unless other arrangements are agreed upon,

each document and all copies thereof designated as Confidential shall be returned to the
party that designated the material as Confidential.

All documents designated as

Confidential shall be maintained as Confidential during the three-year period following the
conclusion of the case. Upon expiration of the three-year period following the conclusion
of the case, all documents designated as Confidential shall be destroyed.
13.

Stamped Confidential Material shall not be filed with the clerk except when

required in connection with motions under Federal Rules of Civil Procedure 12 or 56,
motions to determine confidentiality under the terms of this Protective Order, and motions
related to discovery disputes if the confidential documents are relevant to the motion. A
party contemplating filing Confidential Material protected by this Protective Order with the
Court must file a motion with the Court requesting leave to file Confidential Material under
seal pursuant to D.C.COLO.LCivR. 7.2. The Court will post notice of the filing of the motion
to seal and objections may be filed pursuant to D.C.COLO.LCivR. 7.2(H). If the motion to
seal is granted, all Confidential Materials so filed shall be maintained by the Clerk of the
Court under seal and shall be released only upon further Order of the Court in accordance
with all applicable local and federal rules.
14.

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.
15.

Nothing in this Protective Order shall prevent any party or other person from

seeking modification of this order or from objecting to discovery that the party or other
person believes to be improper. Nothing in this Protective Order shall prejudice the right

of any party to contest the alleged relevancy, admissibility, or discoverability of confidential
documents or information sought.
Dated this 5th day of August, 2011, in Denver, Colorado.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00920-CMA-MEH
GERALD EDWARD LOPEZ,
BETSY LOPEZ,
THOMAS L. LOPEZ, and
GERALD EDWARD LOPEZ, JR.,
Plaintiffs,
v.
CITY OF LAKEWOOD,
MICHELE DELEON,
JAMES J. DAVIES,
SEAN RADKE,
BRIAN LOVEJOY, and
JENNIFER DOUGHERTY,
Defendants.

EXHIBIT A TO PROTECTIVE ORDER – CONFIDENTIALITY AGREEMENT
I, ______________________________, the undersigned, being duly sworn, hereby
acknowledges that I have read the Protective Order issued by the Court on
______________, 2011, in the above captioned civil action and I understand the terms and
conditions of such Protective Order governing the restricted use of information and
materials obtained from the Parties and provided to me for the sole purposes of the above
captioned action, and hereby agree to keep all such information and materials strictly and
absolutely confidential, and in all other respects to be bound by the terms of the Protective
Order.
My current address and telephone number is: _________________________
_________________________
_________________________
Signature

STATE of _________________ )
)ss.
COUNTY of _______________ )
The foregoing Confidentiality Agreement was sworn and acknowledged to before me
by _________________________ on this day of _____________________, 2011.

Witness my hand and official seal.

[seal]

_________________________
Notary Public

My commission expires:_________________________