Karr v. City and County of Denver, The et al
Filing
33
PROTECTIVE ORDER re 32 , by Judge Richard P. Matsch on 11/27/2012. (rpmcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00138-RPM
ERIC KARR,
Plaintiff,
v.
HSS, Inc., a Colorado corporation;
MR. JOE, acting in his individual capacity as an employee of HSS Inc.;
MRS. MONICA, acting in her individual capacity as an employee of HSS Inc.;
SHERIFF DEPUTY BRADY LOVINGIER, in his individual capacity as a Denver
County Sheriff;
DEPUTY SHERIFF LYNN;
DEPUTY SHERIFF K. MARTINEZ;
DEPUTY SHERIFF CLYNCKE; and
DEPUTY SHERIFF E. GIVENS, in their individual capacities as Denver County
Sheriffs,
Defendants.
PROTECTIVE ORDER
Each Party and each Counsel of record are in agreement regarding a Protective
Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the
treatment of Confidential Information (as hereinafter defined). The Court orders as
follows:
1.
In this action, at least one of the Parties has sought and/or is seeking
Confidential Information (as defined in paragraph 2 below). The Parties also anticipate
seeking additional Confidential Information during discovery and that there will be
questioning concerning Confidential Information in the course of depositions. The
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disclosure of such information outside the scope of this litigation could result in
significant injury to a Party’s, or another person’s, privacy interests.
Any information designated by a party as confidential must first be reviewed by a
lawyer who will certify that the designation as Confidential is based on a good faith
belief that the information is confidential or otherwise entitled to protection under
Fed.R.Civ.P. 26(c).
2.
“Confidential Information” means any document, file, portions of files,
videos, transcribed testimony, or response to a discovery request, including any
extract, abstract, chart, summary, note, or copy made there from – not made available
to the public – and designated by one of the Parties in the manner provided in
paragraph 3 below as containing Confidential Information.
3.
Where Confidential Information is produced, provided or otherwise
disclosed by a Party in response to any discovery request, it will be designated in the
following manner:
a. By imprinting the word “Confidential” on the first page or cover of any
document produced;
b. By imprinting the word “Confidential” next to or above any response to a
discovery request;
c. During the course of a deposition, by verbally designating testimony to be
“Confidential” and subject to the Protective Order; and
d. With respect to transcribed testimony, by giving written notice to opposing
counsel designating such portions as “Confidential” no later than ten
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calendar days after receipt of the transcribed testimony.
4.
All Confidential Information provided by a Party in response to a discovery
request or transcribed testimony shall be subject to the following restrictions:
a. It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever;
b. It shall not be communicated or disclosed by any Party’s counsel or a
Party in any manner, either directly or indirectly, to anyone except for
purposes of this case and unless an affidavit in the form of Exhibit A has been
signed.
5.
Individuals authorized to review Confidential Information pursuant to this
Protective Order including, but not limited to, the Parties to this action and their
undersigned counsel, shall hold Confidential Information in confidence and shall not
divulge the Confidential Information, either verbally or in writing, to any other person,
entity or government agency unless authorized to do so by court order.
6.
The Party’s counsel who discloses Confidential Information shall be
responsible for assuring compliance with the terms of this Protective Order with respect
to persons to whom such Confidential Information is disclosed and shall retain the
original affidavits signed by qualified recipients of confidential information and maintain
a list of all persons to whom any Confidential Information is disclosed.
7.
During the pendency of this action, opposing counsel may upon court
order or agreement of the Parties inspect the list maintained by counsel pursuant to
paragraph 6 above upon showing of substantial need in order to establish the source of
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an unauthorized disclosure of Confidential Information and that opposing counsel are
unable to otherwise identify the source of the disclosure. If a Party disagrees with the
other party’s showing of substantial need, then a party may seek a court order requiring
inspection under terms and conditions deemed appropriate by the Court.
8.
No copies of Confidential Information shall be made except by or on
behalf of counsel in this litigation for work product purposes, including for review by
experts in this case. Any such copies shall be made and used solely for purposes of
this litigation.
9.
During pendency of this litigation, counsel shall retain custody of
Confidential Information, and copies made there from pursuant to paragraph 8 above.
10.
A party may object to the designation of particular Confidential Information
by giving written notice to the party designating the disputed information within thirty
(30) days of receipt. 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
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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.
Any request to restrict access must comply with the requirements of
D.C.COLO.LCiv.R 7.2.
12.
The termination of this action shall not relieve counsel or any party 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. Upon termination of this litigation, including any
appeals, each Party’s counsel shall immediately return to the producing party all
Confidential Information provided subject to this Protective Order.
13.
By agreeing to the entry of this Protective Order, the Parties adopt no
position as to the authenticity or admissibility of documents produced subject to it.
Neither the taking of any action in accordance with the provisions of this Protective
Order, nor the failure to object thereto, shall be construed as a waiver of any claim or
defense in this action.
14.
Upon termination of this litigation, including any appeals, each Party’s
counsel shall secure the files and maintain the confidentiality of the Confidential
Information provided subject to this Protective Order and will not disclose the
Confidential Information to other persons or use it in other litigation.
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15.
Nothing in this Protective Order shall preclude any Party from filing a
motion seeking further or different protection from the Court under Rule 26(c) of the
Federal Rules of Civil Procedure, or from filing a motion with respect to the manner in
which Confidential Information shall be treated at trial.
DATED this 27th day of November, 2012.
BY THE COURT:
s/Richard P. Matsch
__________________________________
Richard P. Matsch, Senior District Judge
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AFFIDAVIT
STATE OF COLORADO
COUNTY OF
)
) ss
)
_____________________________, swears or affirms and states under penalty
of perjury:
1.
I have read the Protective Order in Civil Action No. 12-cv-00138-RPM,
copy of which is attached to this Affidavit.
2.
I have been informed by ___________________________, Esq., counsel
for _______________________________, that the materials described in the list
attached to this Affidavit are Confidential Information as defined in the Protective Order.
3.
I promise that I have not and will not divulge, or undertake to divulge to
any person or recording device any Confidential Information shown or told to me except
as authorized in the Protective Order. I will not use the Confidential Information for any
purpose other than this litigation.
4.
For the purpose of enforcing the terms of the Protective Order, I hereby
submit myself to the jurisdiction of the Court in the Civil Action referenced above.
5.
I will abide by the terms of the Protective Order.
_________________________________________
(Signature)
________________________________________
(Print or Type Name)
Address: _______________________
Telephone No.: (_____) _______________
SUBSCRIBED AND SWORN to before me this _____ day of ________________, 2012
by __________________________________.
WITNESS my hand and official seal.
_____________________________
Notary Public
My commission expires: ________________
[SEAL]
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EXHIBIT A
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