Jacobson v. Adams 12 Five Star Schools
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 6/27/2012. (kmtcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CIVIL ACTION NO.:
MARLA J. JACOBSON,
ADAMS 12 FIVE STAR SCHOOLS,
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
that (1) may be entitled to confidential treatment under
the Privacy Act, 5 U.S.C. §552a; (2) may otherwise intrude
on the privacy interests of third parties; or (3) which may
improperly annoy, embarrass, or oppress any party, witness,
third party, or person providing discovery in this case,
IT IS ORDERED:
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 disclosure
or discovery duties created by the Federal Rules of Civil
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
Documents, material and information designated
“CONFIDENTIAL” shall be documents, material and information
that is confidential and implicates common law and
statutory privacy interests, including confidential or
private medical and/or mental health information, financial
or tax information, or information contained in personnel
files of Plaintiff, and current or former employees or
students of the Defendant.
Confidential information shall
not be disclosed or used for any purpose except the
preparation and trial of this case, and except as
authorized by the strict terms of this Protective Order.
The parties note that some confidential and/or private
information may have been previously disclosed or produced,
or discovered informally in this case.
The parties shall
have twenty (20) business days after the parties' signing
of this Proposed Protective Order to specifically identify
and designate, in writing, by description and by "Bates"
number, if available, all previously disclosed, produced,
and/or discovered CONFIDENTIAL information.
twenty (20) business day period, all information that has
been previously disclosed or produced, or discovered
informally or through deposition in this case, shall be
presumed to be CONFIDENTIAL information.
information that has not been identified and designated, in
writing, as CONFIDENTIAL information at the expiration of
this twenty (20) business day period shall lose its
presumptive characterization as CONFIDENTIAL information.
Furthermore, medical and mental health information,
financial and tax information, personnel information, and
arrest and criminal record information regarding Plaintiff,
that Defendant has obtained solely from third parties,
based on the signing by Plaintiff of a document authorizing
the release of such information, and all medical and mental
health information regarding Plaintiff's or any third
parties, whether marked CONFIDENTIAL or not, shall be
deemed CONFIDENTIAL and subject to this Protective Order.
CONFIDENTIAL documents, materials, and/or
information (collectively “CONFIDENTIAL information")
identified in accordance with paragraph 3 of this
Protective Order 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 parties;
(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
(g) deponents, witnesses, or potential witnesses; and
(h) other persons by written agreement of the parties.
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
opposing counsel demonstrates good cause for review as
demonstrated by opposing counsel.
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".
Counsel for the party
producing the document shall review the information to be
disclosed and only designate as confidential, the
information counsel believes, in good faith, is
confidential or otherwise entitled to protection.
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.
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.
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 within 30 business days after the time
the notice is received, 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.
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.
The provisions of the Protective Order shall not
prevent a party from submitting a confidential document as
an attachment to a motion involving evidentiary matters or
into evidence at a court hearing or at trial that is
At the conclusion of this case, unless other
arrangements are agreed upon, each document and all copies
which have been designated as CONFIDENTIAL shall be
retained in a secure location by the possessing counsel for
a period of three (3) years, and continue to be subject to
the terms of this Order, or the parties may elect to
destroy CONFIDENTIAL documents. Where the parties agree to
destroy CONFIDENTIAL documents, the destroying party shall
provide opposing counsel with an affidavit confirming the
If the CONFIDENTIAL documents have not
already been destroyed prior to the conclusion of the three
(3) year period pursuant to the parties’ agreement, the
possessing counsel shall, after the three (3) year period,
destroy the CONFIDENTIAL documents and upon request,
provide opposing counsel with an affidavit confirming the
The parties shall have a two-month grace
period following the three (3) year period to destroy the
CONFIDENTIAL documents and provide opposing counsel with an
affidavit confirming the destruction, if needed.
Nothing in this Protective Order may be taken or
construed as a ruling or statement concerning the
admissibility of any documents or information.
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 27th day of June, 2012.
BY THE COURT:
United States District Court
District of Colorado
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