Rigg et al v. City of Lakewood et al
Filing
65
PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 6/7/13. (bnbcd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03044-RBJ-BNB
JUDY RIGG, as personal representative
of the ESTATE OF ROBERT RIGG,
Plaintiff
v.
CITY OF LAKEWOOD
Defendant
PROTECTIVE ORDER
Defendant, City of Lakewood, by and through their Attorneys, Hall & Evans, LLC, having
shown good cause in support of the entry of this protective order to protect against dissemination
of the confidential information set forth herein,
IT IS ORDERED:
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 disclosed pursuant to the disclosures or
discovery duties created by the Federal Rules of Civil Procedure which have been marked as
“CONFIDENTIAL” in accordance with this 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.
For the purposes of this Protective order, CONFIDENTIAL INFORMATION shall
be limited to the following:
a. Personnel information containing employees’ work history, disciplinary records,
or other documents containing sensitive personal information that is not available
to the general public.
b. Business records and communications that contain confidential business
information such as internal affairs investigations, employee performance
summaries, employee training manuals, and other documents discussing business
operations or business strategy; and
c. Other Any documents that implicate a common law or statutory privacy interest
such as personal identifying information, including social security information,
tax returns and medical information, or any other information that is otherwise
entitled to protection under Fed.R.Civ.P. 26(c)(1)(G).
4.
A party may designate any document or information, including any portion of a
document, any interrogatory response, other discovery response, and/or transcript of a discovery
response, as “Confidential” that in good faith contends, constitutes or contains information that is
entitled to protection under Fed.R.Civ.P.26(c)(1)(G) and this Protective order.
5.
This CONFIDENTIAL INFORMATION shall not be disclosed or used for any
purpose except the preparation and trial of this case.
6.
The 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,
or at trial, or at other proceedings in this case;
c. The parties;
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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 reports who are engaged in proceedings necessarily incident to the
conduct of this action
g. Deponents or witnesses; and
h. Other persons by written agreement of the parties.
7.
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.
8.
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”.
9.
Whenever a deposition involves the disclosure of said CONFIDENTIAL information,
the deposition or portions thereof shall, at the election of counsel, 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
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reporter of the completion of the transcript.
10.
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 dispute 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.
11.
At the conclusion of this case, unless other arrangements are agreed upon, each
document and all copies thereof which have been designated as CONFIDENTIAL shall be returned
to the party that designated as CONFIDENTIAL or the parties may elect to destroy
CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL documents,
the destroying party shall provide all parties with an affidavit confirming destruction.
12.
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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Dated June 7, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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