Dahn v. Adoption Alliance et al

Filing 107

PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 2/18/14. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-2504-MSK-CBS
JAMES DAHN,
Plaintiff,
v.
ADOPTION ALLIANCE;
MELANIE TEM, individually and in her official capacity;
VICKI LITTLE, individually and in her official capacity;
AUDREY AMEDEI, individually and in her official capacity; and
AMANDA CRAMER, individually and in her official capacity;
Defendants.
______________________________________________________________________________
PROTECTIVE ORDER
______________________________________________________________________________
In accordance with the agreement between the parties and 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 HEREBY ORDERED:
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 and designated as
“CONFIDENTIAL” pursuant to the terms of this Protective Order.
2.

Information designated “CONFIDENTIAL” shall be defined as:
(a)

Documents and information produced by Adoption Alliance, Melanie

Tem, Vicki Little, Audrey Amedei and Amanda Cramer (“Defendants”), or any of

Defendants’ agents or representatives, when designated as “CONFIDENTIAL” as
provided herein, and information concerning current or former employees of Defendant
Adoption Alliance or Moffat County Department of Social Services, including personnel
or personnel-related documents or internal memoranda;
(b)

Documents and information produced by or obtained through releases

produced by Plaintiff, concerning individual medical, personal identification, financial
and/or tax records, when designated as “CONFIDENTIAL” as provided herein; and
(c)

Documents produced by any Defendant regarding Defendants’ financial

condition.
3.

CONFIDENTIAL information shall be used for the sole, strict and limited

purposes of motions, discovery, preparation for trial, and trial in this action, or appeal therefrom.
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 and designated representatives for the entity 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 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.
6.

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 verbal or
written agreement from such person that he or she will be bound by its provisions.
7.

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.” Any information designated by a party as CONFIDENTIAL must
first be reviewed by 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).
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
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.
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

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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 objected is made, 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 within thirty (30) days of the aforementioned notice. 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.
10.

Documents designated CONFIDENTIAL shall not be filed with the Court except

when required in connection with motions under Fed.R.Civ.P. 12, 37, or 56, motions to
determine confidentiality under the terms of this Protective Order, motions related to discovery
disputes if the confidential documents are relevant to the motion and in appendices, briefs, or
pleadings relating to an appeal. In the event it is necessary for the parties to file
CONFIDENTIAL information with the Court, the CONFIDENTIAL information shall be filed
in accordance with the requirements of D.C.COLO.LCivR 7.2.
11.

The terms of this Protective Order shall survive the termination of this action, and

all protections of this Protective Order shall remain in full effect in perpetuity.
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.

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DATED at Denver, Colorado, on February 18, 2014.
BY THE COURT:

s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge

STIPULATED TO AND APPROVED AS TO FORM this 14th day of February 2014.
s/ Mari Newman
_______________________________
Mari Newman
Darold W. Killmer
Sarah M. Morris
KILLMER, LANE & NEWMAN, LLP
1543 Champa Street, Suite 400
Denver, Colorado 80202
[phone]
[e-mail]
[e-mail]
[e-mail]

s/ Shannon Bell
_________________________________
Deana R. Dagner
Joan Allgaier
Shannon Bell
GRUND DAGNER JUNG, P.C.
1660 Lincoln Street, Suite 2800
Denver, CO 80264
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

Counsel for Plaintiff
Counsel for Defendants Adoption Alliance
and Melanie Tem
s/ Gillian Dale
_________________________________
Thomas J. Lyons, Esq.
Gillian Dale, Esq.
HALL & EVANS, L.L.C.
1001 Seventeenth Street, Suite 300
Denver, Colorado 80202
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Counsel for Defendants Amanda Cramer
and Audrey Amedei

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s/ Cathy Havener Greer
_________________________________
Cathy Havener Greer
William T. O’Connell, III
Kristin Anderson George
Shannon M. Bell
WELLS, ANDERSON & RACE, LLC
1700 Broadway, Suite 1020
Denver, CO 80290
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Counsel for Defendant Vicki Little

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