Millet v. Adams County Sheriff's Office et al
Filing
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PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 9/17/13. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 13-CV-1153-CMA-BNB
MARC MILLET,
Plaintiff,
v.
SHERIFF DOUGLAS N. DARR, in his official capacity,
Defendant.
PROTECTIVE ORDER
Plaintiff and Defendant (collectively referred to as the “Parties” or each individually as a
“Party”) are bound by the terms of this Protective Order.
This Protective Order is designed to preserve the confidentiality of certain testimony
given by witnesses in this case and certain information contained in documents produced
pursuant to the terms of this Protective Order. Documents deemed to be “confidential” shall be
so designated in accordance with this Protective Order. Similarly, all corresponding testimony
given by witnesses will be so designated.
To expedite the flow of discovery material, facilitate the prompt resolution of disputes
over confidentiality, and adequately protect material entitled to be kept confidential, pursuant to
the Court’s authority under the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED
that:
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 or produced
pursuant to the disclosure or discovery duties created by Federal Rules of Civil Procedure.
2.
As used in this Protective Order, “document” is defined as provided in Fed. R.
Civ. Proc. 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 the privacy interests of Plaintiff or Defendant or third parties and/or
information contained in confidential business records, personnel records, documents, materials
and communications. 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 for the
purpose of litigating this case to:
(a)
attorneys who are 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;
(c)
the Parties, including human resources and management employees
employed by Defendant;
(d)
expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for preparation, trial
or other proceedings;
(e)
the Court in this case and its employees (“Court Personnel”);
(f)
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this case;
(g)
deponents;
(h)
witnesses disclosed in a party’s 26(a) disclosures or discovery responses;
and
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(i)
5.
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),
the disclosing Party 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. Such written acknowledgment shall be in the form as
provided in Exhibit A to this Protective Order, attached hereto and incorporated herein. All such
acknowledgments shall be retained by counsel or the Party if not represented 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 term “CONFIDENTIAL” or by
designating them as “CONFIDENTIAL” in correspondence between the Parties.
7.
In the event Electronically Stored Information (“ESI”) is disclosed or discovered
in the course of this litigation, including, but not limited to, ESI provided in a native format on
hard disks or other magnetic data storage disks, removable disks and/or drives, portions thereof,
or digital images of data storage disks or drives, such information may be designated as
“Confidential” in a written communication or in an electronic mail message to the
nonproducingparty as set forth in Paragraph 6 above.
8.
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
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CONFIDENTIAL after transcription, provided written notice of the designation is promptly
given to the Parties within thirty (30) days after notice by the court reporter of the completion of
the transcript.
9.
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 and the specific basis for such
objection. 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 continue to 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.
10.
Any request to restrict access must comply with the requirements of
D.C.COLO.LCivR 7.2. Any pleadings, motions or other documents, or portions thereof,
containing CONFIDENTIAL information that are filed with the Court, as well as any exhibits
containing CONFIDENTIAL information that are attached to any pleadings, motions or other
documents that are filed with the Court, shall be labeled “CONFIDENTIAL” and filed under
seal in accordance with D.C.COLO.LCivR 7.2.
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11.
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 within forty-five (45) days of
conclusion of the action, or the Parties may elect to destroy CONFIDENTIAL documents;
provided, however, that counsel for each Party may retain one copy of the CONFIDENTIAL
documents for the sole purpose of maintaining a complete file, and all such retained documents
will not be released, disclosed, or utilized except upon express permission of this Court after
written notice to counsel for the Party that produced the documents. Where the Parties agree to
destroy CONFIDENTIAL documents, the destroying Party shall provide all Parties with an
affidavit confirming the destruction within forty-five (45) days after conclusion of the action.
12.
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 September 17, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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Respectfully submitted this 12th day of September, 2013.
ELKUS SISSON & ROSENSTEIN, P.C.
/s/Donald C. Sisson
Donald C. Sisson,
Reid J. Elkus
501 South Cherry Street, Suite 920
Denver, CO 80246
Counsel for Plaintiff
DAVIS GRAHAM & STUBBS LLP
/s/ Sybil R. Kisken
Sybil R. Kisken
1550 Seventeenth Street, Ste. 500
Denver, CO 80202
Counsel for Defendant
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EXHIBIT A
WRITTEN ACKNOWLEDGEMENT TO PROTECTIVE ORDER
The undersigned hereby acknowledges that he/she has carefully and completely read the
Protective Order in the pending litigation between Marc Millet and Sheriff Douglas N. Darr in
his Official Capacity; that he/she is one of the persons contemplated in Paragraph 4 of the
Protective Order; and that he/she fully understands and agrees to abide by the obligations and
confidences set forth in the Protective Order. The undersigned consents to the jurisdiction of the
United States District Court for the District of Colorado for purposes of enforcing this Protective
Order.
Date: ________________________
_________________________________
Signature
________________________________
Title or Position
________________________________
Printed Name
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