C.S. et al v. Platte Canyon School District No. 1 et al

Filing 19

PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 4/26/13. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03358-CMA-BNB
C.S., an unemancipated person, through his parents and next friends, MICHAEL and CYNTHIA
SCHAFFER,
Plaintiff,
v.
PLATTE CANYON SCHOOL DISTRICT NO. 1,
JAMES WALPOLE, Superintendent, in his individual and official capacity,
MIKE SCHMIDT, Principal, in his individual and official capacity,
MELISSA COOPER, Special Education Director, in her individual and official capacities,
DANIEL DESLAURIERS, Special Education Director, in his individual and official capacities,
MEGGIN STOUT, Special Education Teacher, in her individual and official capacities,
Defendants.

PROTECTIVE ORDER

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:
1.

This Protective Order shall apply to all documents, materials, videos 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 (a) current or former
School District employees and (b) current or former School District students. See e.g., 22 U.S.C.
§1232g and 34 C.F.R. §99.3 (concerning disclosure of personally identifiable information
regarding students); C.R.S 24-72-204(3)(a)(II)(A), (concerning disclosure of personnel records),
45 C.F.R. § 164.512(e)(1)(ii)(A) and C.R.S. § 13-90-107(d) and (g)(concerning disclosure of a
patient’s medical records) CONFIDENTIAL information shall not be disclosed or used for any
purpose except the preparation for 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;

(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”);

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(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

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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.

Any request to restrict access must comply with the requirements of

D.C.COLO.LCivR 7.2. The Parties agree to comply with D.C.COLO.LCivR 7.2 regarding
motions to seal and procedures for non-electronic filing of papers and documents under seal.
11.

This Protective Order may be modified by the Court at any time for good cause

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shown following notice to all Parties and an opportunity for them to be heard.
Dated April 26, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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