Riggan v. Glendale, Colorado, City of et al
Filing
61
Stipulation and PROTECTIVE ORDER re 60 , by Judge Richard P. Matsch on 3/20/2013. (rpmcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-CV-00763-RPM
RANDY LEE RIGGAN,
Plaintiff,
v.
OFFICER CHRIS TYROLT, in his official and individual capacity,
SERGEANT CRYSTAL JOHNSON, in her official and individual capacity,
SERGEANT JIM BANG, in his official and individual capacity,
Defendants.
STIPULATION AND PROTECTIVE ORDER
Each party and each Counsel of Record stipulate and move the Court for a Protective
Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the treatment of
Confidential Information (as hereinafter defined) and, as grounds therefore, state as follows:
1.
In this action, at least one of the Parties has sought and/or may seek 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 Parties assert the disclosure of such
information outside the scope of this litigation could result in significant injury to one or more of
the Parties’ business or privacy interests. The Parties have entered into this Stipulation and
request the Court enter the within Protective Order for the purpose of preventing the disclosure
and use of Confidential Information except as set forth herein.
2.
“Confidential Information” means any document, file, portions of files,
transcribed testimony, or response to a discovery request, including any extract, abstract, chart,
summary, note, or copy made therefrom – not made available to the public – and designated by
one the Parties in the manner provided in paragraph 3 below as containing Confidential
Information, including, but not limited to:
a.
The Officer Defendants’ personnel files and discipline records; and
b.
The City of Glendale’s internal investigation file pertaining to this
incident.
3.
Where Confidential Information is produced, provided or otherwise disclosed by
the Parties 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.
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; and
d.
With respect to live testimony, by making a record at the time of the
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:
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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, their undersigned
counsel, their undersigned counsel’s employees, and self-insurance representatives, 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 Parties recognize that the available sanctions for the violation of the
protective order include, but are not limited to, the sanctions available under Fed.R.Civ.P.
37(b)(2)(A).
6.
By producing any Confidential Information or testifying on any matter later
designated as “Confidential,” no Party to this protective order waives any objection or challenge
to the admissibility of any such Confidential Information.
7.
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 obtain and retain the original affidavits
signed by qualified recipients on Confidential Information, and shall maintain a list of all persons
to whom any Confidential Information is disclosed.
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8.
During the pendency of this action, opposing counsel may inspect the list
maintained by counsel pursuant to paragraph 7 above upon a 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 counsel
disagrees with opposing counsel’s showing of substantial need, then counsel may seek a court
order requiring inspection under terms deemed appropriate by the Court.
9.
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.
10.
During pendency of this litigation, counsel shall retain custody of Confidential
Information and copies made therefrom pursuant to paragraph 9 above
11.
A Party may object to the designation of particular Confidential Information by
giving written notice to the attorney for 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 attorney for 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
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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.
12.
In the event it is necessary for the Parties to file Confidential Information with the
Court in connection with any proceeding or motion, the Confidential Information shall be filed in
accordance with the requirements of D.C.COLO.LCivR 7.2.
13.
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 until termination of this case.
14.
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.
15.
Upon termination of this litigation, including any appeals, each Party’s counsel
shall promptly return to the producing party all Confidential Information provided subject to this
Protective Order or provide confirmation that all such information has been destroyed. At that
time, counsel shall provide opposing counsel with the list of individuals prepared pursuant to
paragraph 7 above.
16.
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
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Civil Procedure, or from filing a motion with respect to the manner in which Confidential
Information shall be treated at trial.
17.
The Parties agree that in the event information or documentation is inadvertently
disclosed to an opposing party, any information or documentation so disclosed shall be
immediately returned to the producing party without any copies being made or notes being taken
regarding said information/documentation by those who have received the inadvertent
disclosure. Further, the parties agree that no recipient of inadvertently disclosed information or
documentation shall utilize such information/documentation or any fruits derived therefrom for
the purposes of this litigation and that the inadvertent disclosure of information or documentation
shall not constitute a waiver of any privilege that may otherwise apply.
DATED this 20th day of March, 2013.
BY THE COURT:
s/Richard P. Matsch
________________________________
Richard P. Matsch
Senior District Judge
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STIPULATED AND AGREED TO:
s/ Eric M. Ziporin
Eric M. Ziporin
SENTER GOLDFARB & RICE, L.L.C.
1700 Broadway, Suite 1700
Denver, CO 80290
Telephone: (303) 320-0509
Facsimile: (303) 320-0210
E-mail: eziporin@sgrllc.com
Attorneys for Defendants Tyrolt, Johnson, and
Bang
s/ Anthony Viorst
Anthony Viorst
THE VIORST LAW OFFICES, P.C.
950 S. Cherry Street, Suite 300
Denver, Colorado 80246
Telephone: (303) 759-3808
E-mail: tony@hssspc.com
Attorney for Plaintiff
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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 Randy Lee Riggan v. Officer Chris Tyrolt, et
al., Civil Action No. 12-CV-00763-RPM, a 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:
_________________________________________
_________________________________________
SUBSCRIBED AND SWORN to before me this ______________ day of
___________________________, 2013, by_______________________________.
WITNESS my hand and official seal.
_____________________________
Notary Public
My commission expires:________________
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00753266.DOC
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