Lawrence et al v. City of Englewood, Colorado et al
Filing
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PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 10/15/12. (bnbcd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 12-cv-01423-MSK-BNB
WILLIAM LAWRENCE,
COLORADO CROSS-DISABILITY COALITION, a Colorado non-profit organization, and
COLORADO ASSOCIATION OF THE DEAF, a Colorado non-profit organization,
On behalf of themselves and all others similarly situated,
Plaintiffs,
v.
CITY OF ENGLEWOOD, COLORADO, INCLUDING ITS POLICE DEPARTMENT, and
GRAYSON ROBINSON, in his official capacity as Sheriff of Arapahoe County, Colorado,
Defendants.
STIPULATED PROTECTIVE ORDER
The parties, by and through their respective counsel, hereby agree to the following
Stipulated Protective Order and request that it be entered as an Order of the Court.
Upon a showing of good cause in support of the entry of a protective order to protect the
disclosure and discovery of confidential information in this case, IT IS ORDERED:
1.
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.
2.
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.
3.
Information designated “CONFIDENTIAL” shall be information in which
a party has a statutory, regulatory, or common law right of privacy or protection against
dissemination or disclosure as well as proprietary or non-public business information relating to
operational strategies, policies, plans, corporate structure, and similar information treated or
considered by a Party, whether by policy or practice, to be confidential or proprietary.
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 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 entity 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 action;
g.
deponents and witnesses who have been disclosed pursuant to Fed. R. Civ. P. 26;
and
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h.
4.
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.
5.
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.”
6.
Counsel for the party producing any information that will be designated
CONFIDENTIAL shall review the information and, prior to designating such information
CONFIDENTIAL, shall certify that the designation as CONFIDENTIAL is based on a good
faith belief that the information is in fact confidential or otherwise entitled to protection.
7.
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
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of the completion of the transcript.
8.
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 twenty (20) 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.
9.
At the conclusion of this case, unless other arrangements are agreed upon,
each document and all copies thereof which have been designated as CONFIDENTIAL shall be
returned to the party that designated it CONFIDENTIAL, or the parties may elect to destroy
CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL documents,
the destroying party shall provide all parties with an affidavit confirming the destruction.
10.
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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 October 15, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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