Midcities Metropolitan District No. 1 v. U.S. Bank National Association

Filing 48

STIPULATED PROTECTIVE ORDER entered by Magistrate Judge Boyd N. Boland on 4/7/14. (bsimm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-CV-03322-LTB-BNB
MIDCITIES METROPOLITAN DISTRICT NO. 1, a quasi-municipal corporation and political
subdivision of the State of Colorado
Plaintiff,
v.
U.S. BANK NATIONAL ASSOCIATION, a national banking association,
Defendant.

[PROPOSED] STIPULATED PROTECTIVE ORDER

Plaintiff, MidCities Metropolitan District No. 1 ("MidCities"), and Defendant, U.S. Bank
National Association ("U.S. Bank"), may each seek documents or other information in discovery
which contain confidential information of the other party or of a third-party, in connection with the
above-captioned case (the "Action"). This Protective Order balances the interests of the public
against the interests of the parties in avoiding disclosure of confidential information. This Protective
Order is limited in scope and narrowly tailored, protecting only that information necessary to guard
the movants’ privacy and/or property rights, and no more.
THEREFORE, MidCities and U.S. Bank jointly move this Court, pursuant to Rule 26(c) of
the Federal Rules of Civil Procedure, for entry of this Protective Order. The Court having found that,
in light of the nature of the confidential information that may be sought in discovery, good cause
exists for the entry of the following Protective Order:

IT IS HEREBY ORDERED that this Protective Order is hereby entered in this Action:
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 that is confidential

and implicates common law and statutory privacy interests of the parties to this Action.
CONFIDENTIAL information shall not be disclosed or used for any purpose except the preparation
and trial of this case.
4.

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 any designated representative of any party;

(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, witnesses, or potential witnesses; and

(h)

other persons by written agreement of the parties.

5.

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.
6.

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.”
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 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 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.
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.

The parties acknowledge that this Protective Order does not entitle them to file

CONFIDENTIAL information under seal; Civil Local Rule 7.2 sets forth the procedures that
must be followed and the standards that will be applied when a party seeks permission from the
Court to file material under seal.
11.

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 April 7, 2014.

BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

AGREED AS TO FORM AND SUBSTANCE:
IRELAND STAPLETON PRYOR & PASCOE, PC

/s/ Mark E. Haynes
Mark E. Haynes
Matthew A. Court
717 17th Street, Suite 2800
Denver, Colorado 80202
Telephone: [phone]
Facsimile:
[phone]
[e-mail]
[e-mail]

Dated: April 2, 2014

Attorneys for Plaintiff MidCities
Metropolitan District No. 1

LINDQUIST & VENNUM LLP
/s/ Michael T. Gilbert
Michael T. Gilbert, Esq.
Kirstin D. Kanski, Esq.
600 17th Street, Suite 1800 South
Denver, CO 80202
[e-mail]
[e-mail]
Attorneys for Defendant
U.S. Bank National Association

Dated: April 3, 2014

Exhibit A

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-CV-03322-LTB-BNB
MIDCITIES METROPOLITAN DISTRICT NO. 1, a quasi-municipal corporation and political
subdivision of the State of Colorado
Plaintiff,
v.
U.S. BANK NATIONAL ASSOCIATION, a national banking association,
Defendant.
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I,
, of
,
declare under penalty of perjury that I have read in its entirety and understand the Stipulated
Protective Order that was issued by the United States District Court for the District of Colorado in
the case of MidCities Metropolitan District No. 1 v. U.S. Bank National Association, Case No. 1:12cv-03322-LTB-BNB. I agree to comply with and to be bound by all the terms of this Stipulated
Protective Order and I understand and acknowledge that failure to so comply could expose me to
sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in
any manner any information or item that is subject to this Stipulated Protective Order to any person
or entity except in strict compliance with the provisions of this Order. I further agree to submit to
the jurisdiction of the United States District Court for the District of Colorado for the purpose of
enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur
after termination of this action.
STATE OF ___________ )
) ss.
COUNTY OF __________ )
(Print or Type Name)
SUBSCRIBED AND SWORN to before me this ____ day of _____________, 201_, by
______________________________________________.
WITNESS my hand and official seal. ___________________________________

Notary Public
My Commission Expires: _____________