Griego et al v. Steinhage et al
PROTECTIVE ORDER, by Judge R. Brooke Jackson on 01/07/13. (alvsl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01392-RBJ-MJW
AMANDA GRIEGO, and
C.F., her minor child by and through his next friend, Amanda Griego,
OFFICER ALAN STEINHAGE, in his individual and official capacity,
10 UNKNOWN OFFICERS OF THE GREELEY POLICE DEPARTMENT, in their
individual and official capacities,
10 UNKNOWN AGENTS OF THE BUREAU OF ALCOHOL, TOBACCO,
FIREARMS AND EXPLOSIVES, in their individual and official capacities, and
CITY OF GREELEY, COLORADO, a municipal corporation.
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 which
will improperly annoy, embarrass, or oppress any party, witness, 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 Procedure.
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 this term.
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law and statutory privacy interests of any of the
parties to this action or other protected confidentiality interests. CONFIDENTIAL
information shall not be disclosed or used for any purpose except the preparation and trial
of this case.
CONFIDENTIAL documents, materials, and/or information (collectively
“CONFIDENTIAL information”) 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
(a) attorneys, including agency counsel, actively working on or supervising the
work 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 and designated representatives for Defendants;
(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
(e) the Court and its employees (“Court Personnel”);
(f) stenographic reporters who are engaged in proceedings necessarily incident to
the conduct of this action;
(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 good cause for review is 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” or “SUBJECT TO PROTECTIVE ORDER.”
To the extent that a party obtains records pursuant to a subpoena or records release, any
party may inform the requesting party that it is seeking confidential treatment of the
responsive documents and such documents will be treated as if marked
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. Such 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 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.
In an effort to avoid any inadvertent disclosure of sensitive information, all
documents that have been designated “CONFIDENTIAL” pursuant to this Protective
Order, if attached to a public filing, will be filed as a “Level 1” restricted document.
Additionally, the filing attorney shall submit as a Level 1 restricted document any other
filings, including without limitation substantive motions and briefs, if such filings contain
information derived from documents produced to them under this Protective Order that
have been designated “CONFIDENTIAL.” In accordance with D.C.COLO.LCivR 7.2,
either contemporaneously or within 14 days of the filing of the sealed pleading or
document, either party may file a motion to restrict access to the restricted pleading or
Privacy Act. Documents produced in this litigation may include materials
encompassed by the Privacy Act of 1974, 5 U.S.C. § 522a. If any federal Defendant or
federal agency produces to Plaintiff or the non-federal Defendants a document that would
otherwise be protected by the Privacy Act, this order is an order of the Court pursuant to
5 U.S.C. § 552a(b)(11), which allows for such production. Defendant may designate
such information as CONFIDENTIAL and subject to this Order. Any federal Defendant
or federal agency is hereby authorized to release such documents pursuant to 5 U.S.C. §
At the conclusion of this case, including all appeals, unless other
arrangements are agreed upon, each document and all copies thereof which have been
designated as CONFIDENTIAL shall, at the receiving party’s election, (1) be maintained
in a sealed envelope marked CONFIDENTIAL by the receiving party (and remain
subject to the terms of this order), (2) returned to the party that designated it
CONFIDENTIAL, or (3) destroyed. If the receiving party decides to destroy
CONFIDENTIAL documents, it shall provide all parties with an affidavit confirming the
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 7th day of January, 2013.
BY THE COURT:
U.S. District Judge
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