Morgan et al v. Clements et al

Filing 60

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 1/8/2013. (kmtcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00936-REB-KMT
JOHN MORGAN;
DUSTIN COOK;
PAUL STARK; and
JERROD THOELE;
Plaintiffs,
v.
TOM CLEMENTS, Executive Director of the Colorado Department of Corrections, in his
official capacity;
JEFFREY WELLS, Community Parole Officer, in his individual and official capacities;
JIM KELLER, Colorado Department of Corrections Parole Team Leader, in his
individual and official capacities;
LIESL SCHUMACHER, Colorado Department of Corrections Parole Supervisor, in his
individual and official capacities;
JOHN OREY, Colorado Department of Corrections Parole Supervisor, in his individual
and official capacities;
Defendants.
______________________________________________________________________
STIPULATED PROTECTIVE ORDER
CONCERNING CONFIDENTIAL INFORMATION

The parties, by and through their respective counsel, stipulate to the entry of this
Protective Order Concerning Confidential Information, as follows:
1.

This Protective Order applies to all documents, Material, 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
Procedure.

2.

As used in this Protective Order, the term “document” has the meaning set

forth in Fed.R.Civ.P. 34(a). A draft or non-identical copy is a separate document within
the meaning of this term.
3.

Any party may, at any time, designate a served, disclosed, or filed

document “Confidential” if, after review by a lawyer, the lawyer certifies that the
designation as “Confidential” is based on a good faith belief that the document contains
nonpublic personal, personnel, employment, financial and/or tax records, medical,
corrections records, or other information implicating privacy or proprietary interests of
either the Plaintiff, the Defendants or a third party. The documents so designated will
be deemed “Confidential Information” subject to this Protective Order.
4.

Materials produced by the parties prior to the entry of this Stipulated

Protective Order which were not marked as “Confidential” shall be deemed to be
Confidential Information for purposes of this Stipulated Protective Order.
5.

Confidential

Information

is

subject

to

the

following

restrictions.

Confidential Information may be used only for the limited purpose of preparing for and
conducting this civil action (including any appeals), and must not be disclosed in any
way to anyone except:
(a)

attorneys actively working on this case;

(b)

persons regularly employed or associated with the attorneys actively

working on this case;
(c)

the

parties,

including

Plaintiff’s

and

Defendant’s

designated

representatives and insurers;
(d)

stenographic reporters who are engaged in proceedings in this action;
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(e)

the Court and its employees (“Court Personnel”);

(f)

retained expert witnesses and consultants;

(g)

deponents, witnesses, or potential witnesses; and

(h)

other persons by written agreement of the parties;

6.

A subset of the information characterized as Confidential Information may

be designated Confidential – Attorneys Only Information (such records to be marked
“Confidential – Attorneys Only”). Any information so designated, including information
designated as Confidential – Attorneys Only prior to entry of this Stipulated Protective
Order, shall not, without the consent of the party producing it or further Order of the
Court, be disclosed except that such information be disclosed to:
(a)

to the Court and stenographic reporters in this action;

(b)

to attorneys of record in this action as well as their associated lawyers,

legal assistants, and secretarial and clerical personnel engaged in assisting them in this
litigation;
(c)

To an insurance representative, if any, whose policies could apply to the

allegations of the Complaint;
(d)

To expert witnesses in this action; and

(e)

To other persons by written agreement of the parties.

7.

For any disclosures under Paragraph 4(f) through (h) and Paragraph 5(d)

through (e), the person to whom the Confidential Information is being disclosed must
first review a copy of this Protective Order and counsel shall obtain verbal or written
agreement from such person that he or she will be bound by its provisions.

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8.

This Protective Order does not prohibit or restrain any party from

performing the tasks necessary to conduct discovery or prepare for trial. Rather, this
Protective Order is designed to prevent the unwarranted disclosure of Confidential
Information.
9.

No documents containing Confidential Information may be reproduced

except as necessary in the litigation of this action. Any copy of a document containing
or summarizing Confidential Information must be stamped “CONFIDENTIAL” unless
medical or tax records are obtained by an opposing party by means of a release and
request or subpoena, issued to a third party, such records will automatically be deemed
to be confidential.

The inadvertent, unintentional, or in camera disclosure of

Confidential Information will not, under any circumstances, be deemed a waiver, in
whole or in part, of any claims of confidentiality.
10.

Counsel must advise, instruct, and supervise their associates, staff, and

employees to preserve the confidentiality of Confidential Information. Counsel must also
advise their clients about the requirements of this Protective Order.
11.

Documents are designated as Confidential Information by placing or

affixing on them (in a manner that will not interfere with their legibility) the following or
other appropriate notice: “CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEYS ONLY.”
12.

Whenever deposition testimony involves the disclosure of Confidential

Information or Confidential-Attorneys Only Information, the testimony should be
identified on the record as Confidential or Confidential-Attorneys Only wherever
possible.

A party may later designate portions of depositions as Confidential or

Confidential-Attorneys Only after transcription, provided written notice of the designation
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is promptly given to all counsel of record within thirty (30) days after the court reporter
has notified counsel that the deposition transcript has been completed. Those portions
of the original transcripts that contain Confidential Information shall bear the legend
“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER,” at the beginning of the text
which has been designated CONFIDENTIAL and the cover page of the transcripts that
contain Confidential Information shall bear the legend “CONTAINS CONFIDENTIAL
PORTIONS.”
13.

A party may object to the designation of a document as Confidential

Information by giving written notice to the designating party. The written notice must
identify the information to which objection is made. If the parties cannot resolve the
objection within ten (10) business days after notice is received, the designating party
may file an appropriate motion seeking a ruling from the Court whether the disputed
information should be deemed Confidential Information. The disputed information must
be treated as Confidential Information until the Court rules on the motion, a motion on
which the designating party will bear the burden of establishing good cause to treat the
information as Confidential. If the designating party fails to timely file such a motion, the
disputed information will lose its designation as Confidential Information.
14.

The obligation to preserve the confidentiality of Confidential Information

survives the termination of this action, except for Confidential Information that is
disclosed at trial. The Court will retain continuing jurisdiction to enforce the terms of this
Protective Order.
15.

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
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shall be filed in accordance with the requirements of D.C.COLO.LCiv.R 7.2 and any
other Rule pertaining to the sealing or restricting access of confidential documents. The
party wishing to disclose confidential documents has an obligation to confer with the
opposing party and to file the documents as “restricted documents,” pursuant to
D.C.COLO.LCiv.R 7.2(D), if appropriate. The party who possesses an interest in
maintaining the confidentiality of any documents will be responsible for filing any
“motions to restrict access” or equivalent motions to protect the confidentiality of the
documents.
16.

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.
17.

Nothing in this Protective Order will prevent any party or other person from

seeking modification of this order or from objecting to discovery that the party or other
person believes to be improper. Nothing in this Protective Order will prejudice the right
of any party to contest the alleged relevancy, admissibility, or discoverability of
confidential documents or information sought.
DATED this 8th day of January, 2013.
BY THE COURT:

__________________________
United States Magistrate Judge

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APPROVED AS TO FORM:
RATHOD & MOHAMEDBHAI

VAUGHAN & DeMURO

_s/ Qusair Mohamedbhai_
Qusair Mohamedbhai
Siddhartha Hardas Rathod
Arash Jahanian
1518 Blake Street
Denver, Colorado 80202
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

s/ Jennifer C. Madsen
David R. DeMuro
Jennifer C. Madsen
3900 E. Mexico Ave., Suite 620
Denver, Colorado 80210
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant Wells

Attorneys for Plaintiffs

CAIN & HAYTER
s/ Kristine K. Hayter
Kristine K. Hayter
1555 Quail Lake Loop, Suite 100
Colorado Springs, CO 80906
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants Tom Clements,
Jim Keller, Liesl Schumacher and John
Orey

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