Pishney v. Denver Public Schools
PROTECTIVE ORDER. By Magistrate Judge Michael E. Hegarty on 7/11/2014. (klyon, )
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF COLORADO
Civil Action No. 1:13-cv-02501-RM-MEH
MARY S. PISHNEY,
DENVER PUBLIC SCHOOLS,
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
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.
As used in this Protective Order, a “document” is defined as provided in
A draft or non-identical copy is a separate document within the meaning of
Information designated by a party as “CONFIDENTIAL” shall be information
that is confidential pursuant to federal or state law, or which implicates common law privacy
interests of current and/or former School District employees, including Plaintiff, and current and
former School District students, and mayinclude, without limitation, personnel records, student
records, and personal information related to the Plaintiff (e.g. financial and medical records).
See, e.g., 22 U.S.C. § 1232g and 34 C.F.R. § 99.3 (prohibiting an educational institution from
disclosing personally identifiable information regarding students); Colo. Rev. Stat. §
24-72-204(3)(a)(II)(A) (prohibiting a public entity from disclosing personnel records).
party shall designate as confidential documents which are public record, nor is either party
permitted to designate as confidential documents which do not implicate the interests sought to
be protected herein.
Wholesale designation of all documents as confidential is not permitted.
CONFIDENTIAL information shall not be disclosed or used for any purpose except the
preparation and trial of this case and any related litigation or proceedings involving the parties to
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:
attorneys actively working on this 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 trial, at trial, or at
other proceedings in this case;
the parties, including designated representatives for the defendant;
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;
the Court and its employees (“Court Personnel”);
stenographic reporters who are engaged in proceedings necessarily incident to the
conduct of this action;
deponents, witnesses, or potential witnesses; and
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),
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
CONFIDENTIAL documents, materials, and/or information will not be copied or
retained by any person other than the parties’ counsel, subject to Paragraph 11 below.
CONFIDENTIAL materials are provided to the persons listed in Paragraph 4(c), (d), (g) or (h)
above, at the close of litigation such persons will either return the Confidential information to
counsel who provided it or will provide written notification that the confidential material has
If CONFIDENTIAL materials are filed with the Court, the parties shall file a
motion to restrict access, as appropriate, pursuant to Local Rule 7.2, or with appropriate
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,” or by informing opposing counsel in writing of any documents to be treated
as CONFIDENTIAL and subject to this protective order.
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.
A party may object to the designation of particular CONFIDENTIAL information
by giving written notice to the party designating the disputed information.
shall identify the information to which the objection is made.
The written notice
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 treated as
CONFIDENTIAL under the terms of this Protective Order until the Court rules on the motion.
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 unless otherwise deemed CONFIDENTIAL as a matter of
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.
At the conclusion of this case, unless other arrangements are agreed upon, each
document, all copies thereof, or any summary of documents containing CONFIDENTIAL
information, other than attorney work product, 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 in accordance with the established practice of the law firm
in possession of the documents, which may include retention requirements.
Where the parties
agree to destroy CONFIDENTIAL documents, the destroying party shall, upon request, provide
all parties with an affidavit confirming the destruction.
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 at Denver, Colorado this 11th day of July, 2014.
BY THE COURT:
Michael E. Hegarty
United States Magistrate Judge
STATE OF COLORADO
_____________________________, swears or affirms and states under penalty of
I have read the Protective Order inPishney v. Denver Public Schools, Civil Action
No. 13-cv-02501-RM-MEH, a copy of which is attached to this Affidavit.
I have been informed by __________________, Esq., counsel for
_____________________, that the materials described in the list attached to this Affidavit are
Confidential Information as defined in the Protective Order.
I promise that I have not and will not divulge or undertake to divulge to any
person or recording device any Confidential Information shown or told to me except as
authorized in the Protective Order. I will not use the Confidential Information for any purpose
other than this litigation.
For the purpose of enforcing the terms of the Protective Order, I hereby submit
myself to the jurisdiction of the court in the civil action referenced above.
I will abide by the terms of the Protective Order.
(Print or Type Name)
SUBSCRIBED AND SWORN to before me this ______________ day of
___________________________, 2014, by_______________________________.
WITNESS my hand and official seal.
My commission expires:________________
S:\DPS\PISHNEY, Mary\2013-CV-2501\p\ProposedProtectiveOrder 140629.docx
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?