Masse v. Holder

Filing 19

PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 10/28/11. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01144-CMA-CBS
BARI RAE MASSE,
Plaintiff,
v.
ERIC H. HOLDER, JR., Attorney General, U.S. Department of Justice,
Defendant.

STIPULATED PROTECTIVE ORDER

This matter comes before the court on a Stipulated Motion for a Protective Order.
Plaintiff's First Request for Production of Documents pursuant to Fed. R. Civ. P. 34,
requests that the Defendant produce a copy of all files maintained under the name
William Williams, a former employee of the Defendant, including his Official Personnel
File, disciplinary files, investigative files, and supervisory files. Defendant objects to
disclosing these documents, asserting that disclosure without a court order could be a
violation of the Privacy Act “No Disclosure Without Consent” rule. 5 U.S.C. § 552a(b).
In an effort to resolve this discovery dispute, the parties have submitted a Stipulated
Motion for a Protective Order and this Stipulated Protective Order. The Court having
considered this matter, finds that the requested discovery could lead to the discovery of
admissible evidence because Mr. Williams is the individual who is alleged to have
harassed Plaintiff. Therefore, the Court HEREBY ORDERS:

1.

Pursuant to 5 U.S.C. § 552a(b)(11), Defendant is ordered to provide

Plaintiff’s counsel responsive documents regarding William Williams by the response due
date of October 31, 2011.
2.

Pursuant to Fed. R. Civ. P. 26(c), documents released to Plaintiff’s counsel

pursuant to this order shall not, without the consent of Defendant’s counsel or order of the
Court, be further disclosed except 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 such attorneys in the
preparation for trial, trial, or at other proceedings in this case;

(c)

Plaintiff;

(d)

expert witnesses and consultants retained in connection with this
proceeding to the extent such disclosure is necessary for their expert
opinions, trial testimony, 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; and,

(g)

other persons by written agreement of the parties.

5.

Prior to disclosing any documents pursuant to this Protective Order to any

person listed above (other than counsel, persons employed by counsel, the Court, court
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personnel and stenographic reporters), Plaintiff’s counsel shall provide such person(s)
with a copy of this Protective Order and obtain from such person(s) a written
acknowledgment stating that he or she has read this Protective Order and agrees 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.
6.

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

each document and all copies thereof which have been provided pursuant to this
Protective Order, shall be returned to Defendant’s counsel.
7.

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, this 28th day of October, 2011.
BY THE COURT:

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

The parties, by their respective attorneys, agree and stipulate to the entry of this
PROTECTIVE ORDER.

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s/Mark S. Bove
Mark S. Bove
730 17th St., Suite 635
Denver, CO 80202
[phone]
[e-mail]

s/William G. Pharo
William G. Pharo
Assistant United States Attorney
1225 Seventeenth St., Suite 700
Denver, CO 80202
[phone]
[e-mail]

Attorney for Plaintiff

Attorney for Defendant

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