Andree v. Hoy et al
Filing
23
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 2/13/2012. (kmtcd)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02020-CMA-KMT
KIMBERLY L. ANDREE
Plaintiff,
v.
JOSEPH D. HOY, individually and in his official capacity as
the Sheriff of Eagle County
Defendant.
______________________________________________________________________
STIPULATED PROTECTIVE ORDER
______________________________________________________________________
Upon a showing of good cause in support of the entry of a protective order to
protect the discovery and dissemination of confidential information or information which
will improperly annoy, embarrass, or oppress any party, witness, or person providing
discovery in this case, IT IS ORDERED:
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.
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 information that is
confidential and implicates common law and statutory privacy interests of Plaintiff and of
third parties in personnel information held by Eagle County or the Defendant.
Information may only be designated as CONFIDENTIAL after review and upon
certification by counsel that the designation is based on a good faith belief that the
information is CONFIDENTIAL or otherwise entitled to protection. CONFIDENTIAL
information shall not be disclosed or used for any purpose except the preparation and
trial of this case
4.
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, including designated representatives for the entity defendant;
(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
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incident to the conduct of this action;
(g)
an author of the CONFIDENTIAL material or persons who had prior
knowledge of it but only to the extent necessary to assist counsel in the prosecution
or defense of this action;
(h)
deponents, witnesses, or potential witnesses; and
(i)
other persons by written agreement of the parties.
5.
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 from such person 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 if good cause for review is demonstrated by opposing counsel.
6.
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.”
7.
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
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notice by the court reporter of the completion of the transcript.
8.
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 fourteen (14) 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.
9.
If a party wishes to use any CONFIDENTIAL information in any affidavit,
brief, memorandum, oral argument, or other paper filed in this Court in this case, the filing
party shall make reasonable efforts to provide advance notice to the party who designated
the information as CONFIDENTAL in order to provide the designating party an opportunity
to evaluate whether such information should be filed under seal under D.C. COLO. LCivR
7.2. In the event the filing party and the designating party cannot agree regarding the
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need to file the information under seal, it is the designating party’s burden to file an
appropriate motion to seal with the Court.
10.
Upon termination of this litigation, including any appeals, each Party’s
counsel shall continue to hold the information confidential. Further, the termination of this
action shall not relieve counsel or other persons obligated hereunder from their
responsibility to maintain the confidentiality of CONFIDENTIAL Information pursuant to this
Protective Order, and the Court shall retain continuing jurisdiction to enforce the terms of
this Protective Order, even after this action is terminated.
11.
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 this 13th day of February, 2012.
BY THE COURT:
________________________________
UNITED STATES MAGISTATE JUDGE
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