Skinner v. Board of Trustees of Colorado School for the Deaf and Blind et al
Filing
67
PROTECTIVE ORDER by Magistrate Judge Kristen L. Mix on 07/01/2013. (klmcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. I :12-cv42666-RBJ-KLM
MAP, a Disabled and Incompetent Person, and
CORINA S. SKINNER, his Guardian and Next Friend,
Plaintiff,
BOARD OF TRUSTEES FOR THE COLORADO SCHOOL FOR THE DEAF AND BLIND;
COLORADO SCHOOL FOR THE DEAF AND BLTND;
LOUIS TUTT, Individually and in his Official Capacity as Principal for the Colorado School for
the Deaf and Blind; and
DOES l-10, who are unknown persons,
Defendants.
IPROPOSEDI PROTECTIVE ORDER
Pursuant
to the Parties' Stipulated Motion for Issuance of Protective Order and Rule
26(c) of the Federal Rules of Civil Procedure, the Court finds that good cause exists to support
the entry of a Protective Order to protect the discovery and dissemination of confidential
information, highly personal information or information which could annoy, embarrass, or
oppress any party, witness or person in this case.
The Court finds that this Protective Order will expedite disclosure of information and
production of documents protected by privilege or statute, preserve the confidentiality of such
information, protect privacy interests of parties and non-parties, and help to avoid potential
discovery disputes relating to information that is designated confidential.
IT IS HEREBY ORDERED:
L
This Protective Order shall apply to all documents, materials, and information,
including, without limitation, documents produced, answers
requests
to
intenogatories, responses to
for admissions, deposition testimony, and other information disclosed pursuant to the
disclosure or discovery duties created by the Federal Rules of Civil Procedure.
2.
3a
As used in this Protective Order, "document" is defined as provided Fed..R.Civ.P.
(a)(l)(A). A draft of non-identical copy
3.
is a separate copy within the meaning of this term.
Information designated "CONFIDENTIAL" shall
be
information that is
confidential and implicates common law and statutory privacy interests and shall include, but not
be limited to:
(a)
Any and all of Plaintiff MAP's health information, including but not
limited to, medical and psychological records, reports, evaluations, and
related billing, and
all information regarding
mental, or emotional condition or ability
(b)
of
or relating to the physical,
the Plaintiff.
Any and all of Plaintiff MAP's educational information, including but not
limited to applications for admission, examinations taken, evaluations,
letters of recommendation or commendation or reprimands or disciplinary
action, certificates of awards, attendance records, physical examinations or
certification thereof, transcripts ofclass schedules and grades receivedo
individual education plans, and any other document maintained on behalf
of MAP's attendance at an educational institution.
4.
Confidential information shall not be disclosed or used for any purpose except as
set forth in Paragraph 7.
5.
Information may not be designated "Confidential" unless an attorney designates
information as "Confidential" after a review of the information and based upon a good faith
bef
ief that it is confidential or otherwise entitled to protection under Fed. R, Civ. P. 26(c).
6.
One who provides, serves, discloses
or files any nonpublic
documents or
information in connection with this civil action, and who in good faith believes such documents
or information contains nonpublic
personal, personnel, employment, private, medical, law
enforcement, or other information implicating privacy interests or proprietary interests of either
the Plaintiff or the Defendants may designate such documents or information in good faith
as
"Confidential." The documents or information so designated shall be deemed "Confidential
Material" subject to this Protective Order.
7.
Confidential Material shall be subject to the following restrictions. Confidential
Material shall be used only for the limited purpose of preparing for and conducting this civil
action (including any appeals), and not for any other purpose whatsoever, and shall not, without
the consent of the party producing it or further Order of the Court, be disclosed in any way to
anyone except as specified in this paragraph:
(a) attorneys actively working on this
(b)
case;
persons regularly employed or associated with the attorneys actively working on the
case whose assistance is required by said attorneys in the preparation for
proceedings in this case;
trial, or other
(c)
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
who execute the attached Exhibit A;
(d) the Court
(e)
and its employees ("Court Personnel");
stenographic reporters who are engaged in proceedings necessarily incident to the
conduct of this action;
(f)
deponents who execute the attached Exhibit A; and
(g)
other persons by prior written agreement of the parties who execute the attached
Exhibit A.
8.
No Confidential Material shall be disclosed to anyone other than the
named
parties in this litigation or their counsel until said person first signs an agreement with respect to
the confidentiality of such information in the form attached hereto as Exhibit
A.
Prior to
disctosing any Confidential Material to any person listed in paragraph 7 above (other than
counsel, persons employed by counsel, Court Personnel and stenographic reports), counsel shall
provide such person with a copy of the Protective Order and have such person execute a copy of
Exhibit A acknowledging that he or she has read this Protective Order and agreed to be bound by
its provisions. All such acknowledgements 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.
9.
This Protective Order shall not prohibit or restrain any party from performing the
tasks necessary
to
prepare
for trial; however, any re-disclosure or communication of
the
information covered by this Protective Order is shictly prohibited. The object of this Protective
Order is that none of the information revealed in connection with such protections be used for
4
any purpose other than in relation to this litigation and that no one be allowed to use any
information produced pursuant to this Protective Order for their own purposes or in connection
with any other issue, dispute, litigation or charge against any of the parties whether currently
pending or contemplated in the future.
10.
No reproduction of information disclosed in reliance on this Protective Order
authorized, except to the extent copies are required to prepare the case for
trial. All
is
copies,
excerpts, or summaries made, shown, or given to those authorized hereby and according to the
provisions hereof shall be stamped
to indicate the protected and confidential nature of
the
disclosed information. Review of Confidential Material by counsel, experts, or consultants for
the litigation
will not constitute
any waiver of the confidentiality of the document or any
objections to production. The inadvertent, unintentional, or in camera disclosure of Confidential
Material shall not, under any circumstances, be deemed a waiver, in whole or in part, of any
claims of confi dentialitv.
I
L
Counsel to the parties are required to advise, instruct and supervise all associates,
staff and employees of counsel to keep designated Confidential Material confidential in the
strictest possible fashion. Counsel and the Parties also agree to such treatment of the information
by themselves, and counsel will appropriately instruct their clients as to the protected nature of
the information produced pursuant to this Protective Order and the limitations on its use and
disclosure.
12.
Documents are designated as Confidential Material by placing or affixing on them
(in a manner that will not interfere with their legibility) the following or other appropriate notice:
..CONFIDENTIAL.''
13.
Whenever
a deposition involves the disclosure of Confidential Material,
the
deposition or portions thereof shall be designated as Confidential and subject to 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. The cover page and those
portions of the original transcripts that contain Confidential Material shall bear the legend
"CONFIDENTIAL
-
SUBJECT TO PROTECTIVE ORDER," and shall be bound separately
from the non-confidential portions of the transcript. Any deposition exhibits designated
Confidential shall also be bound separately.
14.
A party may object to the designation of particular documents
as Confidential by
giving written notice to the party designating the disputed information. The written notice shall
identifu the information to which objection is made. The parties will make a good faith effort to
resolve the objection.
If the parties
cannot resolve the objection within ten (10) business days
after the time the notice is received,
information as Confidential Material
it shall be the obligation of the party designating the , /)ruu^,
"rttf-Arttl
w,ehtr(y"t+
to.f€an appropriate motionnequesting that the Court
determine whether the disputed,information should be subject
Fn&^
to the terms of this Protective
f*
Order. If such a motion is-fbdwithin the ten (10) business days required above, the disputed
information shall be treated as Confidential under the terms of this Protective Order until the
Court rules on the motion.
@
*P
If the designating party fails to;fi\{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
lP
Jr-
any motion &t66 under this provision, the party designating the information as Confidential
Material shall bear the burden of establishing that good cause exists for the disputed information
to be treated as Confidential.
15.
After the conclusion of this case, unless other arrangements are agreed upon, each
document and all copies thereof designated as Confidential Material shall be returned to the party
that designated the material as 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'
16.
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.LCiv.R 7.2 under seal with the following
statement typed conspicuously thereon: Confidential Information.
Any pleadings, motions or
briefs filed by the parties that either quote or discuss the contents of information designated as
Confidential Information shall also be filed under seal. All Confidential Material so filed with
the Court shall be maintained by the Clerk of the Court under seal and shall be released only
upon further Order of the Court.
17.
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.
18.
Nothing in this Protective Order shall 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 shall prejudice the right of any party to
7
contest the alleged relevancy, admissibility or discoverability
of confidential
documents or
information sought.
19.
This Protective Order applies retroactively to any and all documents that have
been produced in this claim and
fall within the scope of this Order.
APPROVED BY THE COURT:
rhis
$ay
"r
#-,2013.
States Magistrate/Judge
IN THE LINITED STATES DISTRICT COURT
FOR TI{E DISTRICT OF COLORADO
Civil Action No. I :12-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?