McInerney v. McLaughlin et al

Filing 23

Stipulated PROTECTIVE ORDER re 22 , by Judge Richard P. Matsch on 4/25/2012. (rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-CV-1773-RPM
JOAN M. MCINERNEY,
Plaintiff,
v.
DENNIS KING, in his individual capacity,
Defendant.

STIPULATED PROTECTIVE ORDER
CONCERNING CONFIDENTIAL INFORMATION

The Plaintiff Joan M. McInerney, by and through counsel, the Defendant Dennis
King, by and through counsel, and Interested Party Brian McLaughlin, by and through
counsel, stipulate to the entry of this Protective Order Concerning Confidential
Information, as follows:
1.
information,

This Protective Order shall apply to all documents, materials, and
including

without

limitation,

documents

produced,

answers

to

interrogatories, responses to requests for admission, deposition testimony, and other
information disclosed pursuant to the disclosure or discovery duties created by the
Federal Rules of Civil Procedure and designated as “Confidential” pursuant to the terms
of this Protective Order.

2.

As used in this Protective Order, "document" is defined as provided in

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

Information designated "CONFIDENTIAL" shall be defined as:

(a)

Documents and information produced by any party, when designated as “confidential”
as provided herein, including personnel or personnel-related documents or internal
memoranda or internal affairs investigations or medical records and (b) Documents and
information produced by or obtained through releases produced by Plaintiff, concerning
individual medical, mental health, financial and/or tax records.
4.

CONFIDENTIAL information shall not be disclosed or used for any

purpose except the preparation and trial of this case.
5.

CONFIDENTIAL documents, materials, and/or information (collectively

"CONFIDENTIAL information") shall not, without the consent of the party producing it or
further Order of the Court, be disclosed except that such information may be disclosed
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 said attorneys in the preparation
for trial, at trial, or at other proceedings in this case;
(c) the parties and designated representatives and insurers for the entity
defendants;

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(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, witnesses, or potential witnesses; and
(h) other persons by written agreement of the parties.
6.

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 obtain verbal or written agreement from such person that he or she will be
bound by its provisions.
7.

Documents are designated as CONFIDENTIAL by placing or affixing on

them (in a manner that will not interfere with their legibility) the following or other
appropriate notice: "CONFIDENTIAL."
8.

Subject to all proper evidentiary objections, the Confidential materials may

be presented as exhibits at any deposition taken herein or at any hearing or trial
regarding this action.

However, at the request of any party, the copies of the

Confidential materials presented to the court reporter shall be sealed and marked as
confidential. Further, the parties shall have the opportunity to request at any hearing,
trial, or with respect to filing any Confidential material as an exhibit to a pleading, that

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the Confidential materials be sealed and maintained by the Court as confidential
pursuant and subject to the requirements of D.C.Colo.LCivR 7.2 and 7.3.
9.

Notwithstanding the foregoing provisions, the Defendant shall have the

right to redact from all Confidential materials and those documents which are not
designated as confidential any and all references to any individual defendant’s personal
and confidential information about himself or herself and his or her family, including, but
not limited to, social security numbers, home address and telephone numbers, the
names of family members, names of insurance beneficiaries, date of birth, driver’s
license numbers, and names and addresses of employment references and salary.
10.

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.
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

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whether the disputed information should be subject to the terms of this Protective Order
within thirty (30) days of the aforementioned notice. 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.

For purposes of this Protective Order, the term “party” or “parties” includes

Plaintiff Joan M. McInerney, the Defendant Dennis King, and Interested Party Brian
McLaughlin.
13.

The terms of this Protective Order shall survive the termination of this

action, and all protections of this Protective Order shall remain in full effect in perpetuity.
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.

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STIPULATED TO AND APPROVED AS TO FORM this 25th day of April, 2012.
KILLMER, LANE & NEWMAN LLP

ELLEN G. WAKEMAN
JEFFERSON COUNTY ATTORNEY

s/ Lisa Sahli
By: ____________________________

s/ James Burgess
By: _______________________________

David Lane
Lisa Sahli
1543 Champa St., Ste. 400
Denver, CO 80202
Email: [e-mail]
Email: [e-mail]

Writer Mott
James Burgess
Assistant County Attorneys
100 Jefferson County Pkwy., Ste. 5500
Golden, CO 80419
[e-mail]
[e-mail]

Attorneys for Plaintiff
Attorneys
for
McLaughlin

Interested

Party

Brian

JOHN W. SUTHERS
ATTORNEY GENERAL
s/ Skippere Spear
By: ______________________________
Skippere Spear
Senior Assistant Attorney General
Tort Litigation Unit
Civil Litigation and Employment Law
Section
1525 Sherman Street, 5th Floor
Denver, CO 80203
Email: [e-mail]
Attorneys for Defendant King

DONE AND ORDERED this 25th day of April, 2012.
s/Richard P. Matsch
___________________________________
Richard P. Matsch
Senior United States District Judge

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