Welsh v. Bishop et al

Filing 28

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 12/11/13. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-1721-PAB-CBS

Jared WELSH,
Plaintiff,

v.
Neil BISHOP (personal capacity), David WHETHERALD (personal capacity), Steven CHIN
(personal capacity), David UNDERWOOD (personal capacity), Kristi GARCIA (personal
capacity) and John DOES 1-20,

Defendants
STIPULATED PROTECTIVE ORDER

This matter is before the Court upon the Plaintiff's and Named Defendants'
Stipulated Motion for a Protective Order designed and intended to preserve the
confidentiality and privacy of documents and other information to be exchanged
between them pursuant to their respective disclosure and discovery obligations in the
above-captioned action, and the Court being fully advised in the premises and for good
cause appearing, the parties’ Stipulated Motion for Protective Order is GRANTED and
IT IS ORDERED as follows:
1. It is contemplated that Plaintiff and Named Defendants will seek and exchange
Confidential Information (as defined below in Paragraph 2) from and between each
other in this action as part of their respective disclosure and discovery efforts.
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2. “Confidential Information” means any document, file, record, oral testimony,
transcribed testimony or recording, photograph, or other tangible thing, either in whole
or in part, and any response to a discovery request, including any extract, abstract,
chart, summary, note, or copy made therefrom, that contains information that is
confidential and implicates common law and/or statutory or constitutional privilege or
privacy interests, and has been designated by one of the parties in this action in the
manner provided in Paragraph 3 below as containing Confidential Information,
including, but not limited to, the following:
a) Employment personnel files, including disciplinary records.
b) Medical records, including psychological counseling and mental health
records.
c) Tax or personal financial records.
d) Portions of transcribed deposition or other witness testimony disclosing
Confidential Information.
e) Sex Offender Treatment Records (including polygraph reports).
3. Where Confidential Information is produced, exchanged, provided, or
otherwise disclosed in response to any disclosure or discovery request or obligation, it
shall be designated as Confidential Information in the following manner:
a) By imprinting or stamping the word “Confidential” on the first page or cover of
any document, record, or thing produced;
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b) By imprinting or stamping the word “Confidential” next to or above any
response to a discovery request; and
c) With respect to any transcribed testimony, by giving written notice to opposing
counsel designating such testimony, or portions thereof, as “Confidential” not later than
twenty-one (21) calendar days after receipt of the transcribed testimony. Prior to the
expiration of the 21-day period, the parties will treat transcribed testimony as
Confidential Information upon an oral statement on the record by counsel, unless the
parties agree otherwise. Any oral deposition testimony may be designated as
Confidential Information prior to the receipt of transcribed testimony, unless agreed
upon by both sides on the record, but must be later designated as Confidential
Information pursuant to this paragraph 3(c) to be treated as Confidential Information.
4. Any information designated by a party as confidential must first be reviewed by
a lawyer who will certify that the designation as confidential is based on a good faith
belief that the information is confidential or otherwise entitled to protection under FED. R.
CIV. P. 26(c)(1).
5. All Confidential Information provided by any of the parties in response to a
disclosure or discovery request, or pursuant to a disclosure obligation, or in oral or
transcribed testimony, or by any third party pursuant to a subpoena duces tecum or in
oral or transcribed testimony, shall be subject to the following restrictions:
a) It shall be used only in and for the purpose of this litigation and not for any
other purpose whatsoever; personal, business, or otherwise.

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b) It shall not be communicated, transmitted or disclosed by any party, or any
party’s legal counsel, representative or agent, either directly or indirectly, to anyone
except individuals authorized to access or review Confidential Information, for the
purpose of litigating this case.
6. Individuals authorized to access or review Confidential Information pursuant to
this Stipulated Protective Order are:
a) The above-captioned parties, their undersigned counsel and respective law
firms.
b) Support staff utilized by counsel, expert consultants and expert witnesses
retained by the parties or their counsel.
c) The Court and Court staff.
d) Stenographic reporters who are engaged in proceedings necessarily incident
to the conduct of this action.
e) Deponents, witnesses, or potential witnesses; and
f) Any other persons (or class of persons) the parties may jointly designate in
writing.
Such individuals shall hold all Confidential Information in confidence and shall not
disclose it either verbally, in writing, electronically, or otherwise to any person, entity, or
agency not authorized to have access to the same; except as provided in this Order or
as otherwise authorized by the Court. Expert consultants and/or expert witnesses, and
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such other third-parties as the parties may allow to have access to Confidential
Information under the terms of this order, shall be advised of the terms of this Stipulated
Protective Order.
7. Legal counsel for the parties who disclose Confidential Information shall be
responsible for assuring compliance with the terms of this Stipulated Protective Order
and ensure that persons to whom they provide Confidential Information are fully
informed in writing regarding the contents and limitations set forth in this order. Persons
provided Confidential Information shall acknowledge in writing that they have been
provided a copy of this protective order and have read and understand its terms. All
acknowledgments shall be retained by counsel and be subject to in camera review by
the Court upon a showing of good cause. Notwithstanding the foregoing, the parties,
their legal counsel, law firms and support staff, and court personnel and stenographic
reporters, need not be informed in writing regarding the contents and limitations set
forth in this order.
8. A party may object to the designation of particular Confidential Information by
giving written notice to the party designating the disputed information. If the parties
cannot resolve the objection within ten (10) business days from the date the notice is
received, it shall be the obligation of the party designating the information as
confidential to file an appropriate motion consistent with D.COLO.LCivR 7.2 within thirty
(30) days of the aforementioned notice requesting that the Court determine whether the
disputed information should be subject to the terms of this Protective Order. If such a

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motion is timely filed, the disputed information shall be treated as confidential 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.
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. No copies of Confidential Information shall be made except by or on behalf of
legal counsel for attorney work product purposes in litigating this case, including for
review by experts or other witnesses, or for use as exhibits with respect to dispositive or
other motions submitted in accordance with D.C.COLO.L.CivR 7.2. Copies shall only
be made and used for purposes of this litigation and no other.
10. The terms of this Protective Order shall survive the termination of this action
and remain in force in perpetuity. Upon conclusion of the litigation, including the time
necessary to take and/or exhaust any appeals, all persons in possession of Confidential
Information under the terms of the order shall timely return the information to the party
or source from which it was obtained or, upon consent of such party or source, certify by
affidavit or other mutually acceptable writing to the information’s complete destruction
by shredding or other mutually acceptable method of permanent destruction.
Notwithstanding the foregoing, legal counsel may retain a single set of all Confidential
Information for a period not longer than three (3) years from the final conclusion of the

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litigation, after which all retained Confidential Information shall be timely returned or
destroyed as provided for in this paragraph.
11. The parties’ stipulation to the entry of this order is not intended and shall not
be construed as a waiver or adoption of any position with regard to the authenticity,
relevancy, or admissibility of any document or other information subject to, produced, or
disclosed under the terms of the order, nor shall it be construed as or used to assert a
waiver by any party that a particular document, record or other piece of information is
properly discoverable.
12. Nothing in this order shall relieve any party or legal counsel from their
obligations under FED.R.CIV.P. 26(b)(5), or from filing a motion as it may deem
appropriate or necessary from time to time seeking additional or different protection
from the Court under FED.R.CIV.P. 26(c) with regard to confidential or other information.
13. This Protective Order may be modified by the Court at any time for good
cause following notice to all parties and an opportunity for them to be heard.
Entered on this 11

day of

December

2013.

BY THE COURT

United States Magistrate Judge
STIPULATED AND AGREED TO:

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/s/ Alison Ruttenberg

/s/ Alan N. Hassler

Alison L. Ruttenberg
P.O. Box 19857
Boulder, CO 80308
Telephone: [phone]
[e-mail]
Attorney for Plaintiff

Alan N. Hassler

The HASSLER LAW FIRM, P.C.
2829 North Avenue, Suite 205 (81501)
P.O. Box 40386
Grand Junction, CO 81504
[e-mail]
Telephone [phone]
Facsimile [phone]
Attorney for Named Defendants

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