Ragsdell v. Regional Housing Alliance of La Plata County et al
Stipulation and Protective Order, by Judge John L. Kane on 12/12/12. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.
12- cv -00967-JLK
KENNETH JASON RAGSDELL,
REGIONAL HOUSING ALLIANCE OF LA PLATA COUNTY,
LA PLATA HOMES FUND, INC., and
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 therefor, state 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.
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.
"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 of the Parties in the manner provided in paragraph 3 below as
containing: electronic or hard copy emails and attachments thereto, writings, drawings,
graphs, charts, photographs, phone records and other data compilations from which
information can be obtained which contain tax returns and medical information; nonparty addresses and other personal identifying information such as social security
numbers; non-parties' employment, prior employment, and compensation histories; nonparty reference information, performance evaluations, termination files, or other
employment files; and non-party medical information.
Common law and statutory
privacy protections form the basis for protecting such items and information.
By imprinting the word "Confidential" on the first page or cover of
any document produced;
By imprinting the word "Confidential" next to or
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
It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever;
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 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 obtain and retain
the original affidavits signed by qualified recipients of Confidential Information, and
shall 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 a showing of substantial need in order to establish the source of an
unauthorized disclosure of Confidential Information and that opposing counsel are unable
otherwise to 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 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 and such copies shall be made and used solely for purposes of
During the pendency of this litigation, counsel shall retain custody of
Confidential Information, and copies made therefrom pursuant to paragraph 8 above.
If opposing counsel objects to the designation of certain information as
Confidential Information, he or she shall promptly inform the other parties’ counsel in
writing of the specific grounds of objection to the designation. All counsel shall then, in
good faith and on an informal basis, attempt to resolve such dispute. If after such good
faith attempt, all counsel are unable to resolve their dispute, opposing counsel may move
for a disclosure order consistent with this order. Any motion for disclosure shall be filed
within 14 days of receipt by counsel of notice of opposing counsel's objection, and the
information shall continue to have Confidential Information status from the time it is
produced until the ruling by the Court on the motion.
Use of Confidential Information in Court Proceedings:
In the event
Confidential Information is used in any court filing or proceeding in this action, including
but not limited to its use at trial, it shall not lose its confidential status as between the
parties through such use. Confidential Information and pleadings or briefs quoting or
discussing Confidential Information will not be accepted for filing "under seal" or
otherwise kept out of the public record in this action, however, except by court order
issued upon motion of the party seeking to file the documents under seal. Any motion
requesting leave to file documents under seal shall comply with the requirements of
D.C.COLO.LCivR 7.2 and demonstrate that the Confidential Information at issue is
entitled to protection under the standards articulated in Nixon v. Warner
Communications, Inc., 435 U.S. 589, 598-602 (1978)(applied in United States v. Hickey,
767 F.2d 705, 708 (10 Cir. 1985) and Crystal Grower’s Corp. v. Dobbins, 616 F.2d 458,
461 (10 Cir. 1980)).
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.
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.
Upon termination of this litigation, including any appeals, each Party’s
counsel shall either (1) immediately return to the producing party all Confidential
Information provided subject to this Protective Order, and all extracts, abstracts, charts,
summaries, notes or copies made therefrom; or (2) maintain the Confidential Information
as part of the complete case file and destroy the information at the appropriate time in
accordance with the law firms’ document retention and destruction policies. Should
parties elect to return to the producing party all Confidential Information, counsel shall
also file under seal with this Court the list of individuals who have received Confidential
Information which counsel shall have maintained pursuant to paragraph 6 herein, and
counsel shall provide the Court with verification that any of counsel's work product
referencing Confidential Information has been destroyed.
Should parties elect to
maintain and destroy the information pursuant to firm document retention and destruction
policies, all Confidential Information remains subject to the protective order until its
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 at Denver, Colorado, this 12th day of December, 2012.
BY THE COURT:
S/John L. Kane
JOHN L. KANE, SENIOR JUDGE
UNITED STATES DISTRICT COURT
STIPULATED AND AGREED TO:
s/ Sarah Morris
Darold W. Killmer
KILLMER, LANE & NEWMAN, LLP
1543 Champa Street, Suite 400
Denver, Colorado 80202
Phone: (303) 571-1000
Fax: (303) 571-1001
s/ Timothy R. Fiene
J. Andrew Nathan
Timothy R. Fiene
NATHAN BREMER DUMM & MYERS
Denver Corporate Center, III
7900 East Union Avenue, Suite 600
Denver, Colorado 80237
COUNSEL FOR DEFENDANTS REGIONAL HOUSING
ALLIANCE AND JENNIFER LOPEZ
COUNSEL FOR PLAINTIFF
s/ Byeongsook Seo
Byeongsook Seo, Esq.
Laurie Rust, Esq.
Emma J. Skivington, Esq.
Gordon & Rees, LLP
ATTORNEYS FOR DEFENDANT LA PLATA
HOMES FUND, INC.
STATE OF COLORADO
___________________, swears or affirms and states under penalty of perjury:
I have read the Protective Order in 12-CV-00967-JLK, a 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 purposes 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 ____________, 201_,
WITNESS my hand and official seal.
[S E A L]
My Commission Expires:
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