Henderson v. City and County of Denver et al
PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 05/29/12. (jjhsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00625-WJM-BNB
CITY AND COUNTY OF DENVER, a municipality,
JEREMY OWNBEY, a Denver Sheriff’s Department deputy, in his official and individual
JOHN DOE, employee of the Denver Sheriff’s Department in his/her official and individual
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:
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 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
“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
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
b. By imprinting the word “Confidential” next to or above any response to a
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
calendar days after receipt of the transcribed testimony.
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.
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.
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.
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 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.
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.
During pendency of this litigation, counsel shall retain custody of Confidential
Information, and copies made there from pursuant to paragraph 8 above.
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
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.
Any request to restrict access must comply with the requirements of
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
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.
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.
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 May 29, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
STATE OF COLORADO
_____________________________, swears or affirms and states under penalty of
I have read the Protective Order in Civil Action No. 11-cv-02441-REB-BNB,
copy of which is attached to this Affidavit.
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.
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.
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.
I will abide by the terms of the Protective Order.
(Print or Type Name)
Telephone No.: (_____) _______________
SUBSCRIBED AND SWORN to before me this _____ day of ________________, 2012 by
WITNESS my hand and official seal.
My commission expires: ________________
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