Justice v. Sajczuk

Filing 28

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 2/28/14. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-03132-REB-CBS
BRADLEY W. JUSTICE
Plaintiff,
v.
JOSEPH J. SAJCZUK, a Trooper of the Colorado State Patrol, in his individual capacity,
Defendant.

STIPULATED PROTECTIVE ORDER

Upon a showing of good cause in support of the entry of a Protective Order by
and between Plaintiff Bradley W. Justice and Defendant Joseph J. Sajczuk to protect
the discovery and dissemination of confidential information or information that 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, video and

audio recordings, 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

Federal Rule of Civil Procedure 34(a), and includes all video and audio recordings. 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 any party or
third party to these proceedings. CONFIDENTIAL information shall not be disclosed or
used for any purpose except the preparation and trial of this case.

Third-parties

disclosing any CONFIDENTIAL information may designate such CONFIDENTIAL
information as CONFIDENTIAL per this Protective Order and any party to this
Protective Order may designate CONFIDENTIAL information produced by a third party
as CONFIDENTIAL per this Protective Order.

This Protective Order includes such

materials produced before or after the date of this Order including references to such
information contained in depositions or other documentation.
4.

CONFIDENTIAL documents, materials, video or audio recordings, 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 by 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) persons whom counsel reasonably believes to be the authors, senders,
addressees, and copy recipients of, persons mentioned in such CONFIDENTIAL
information, current or former employees of the producing person and other persons
with knowledge relating to the information contained therein so long as (i) those persons
have been identified in Federal Rule of Civil Procedure 26(a) disclosures (or
amendments thereto) and (ii) have agreed to abide by the terms of this Protective Order
pursuant to Paragraph 6, below;
(h) deponents, witnesses, or potential witnesses; and
(i) 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.

Responses to discovery requests are designated as CONFIDENTIAL by

imprinting the word “CONFIDENTIAL” next to or above the response.

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8.

Any information designated by a party as CONFIDENTIAL will first be

reviewed by counsel 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.
9.

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.
Admissibility of the designated CONFIDENTIAL information will be reserved for and
addressed at trial.
10.

Any request to restrict access must comply with the requirements of

D.C.COLO.L.CivR 7.2. If the parties cannot agree to the level of restrictiveness the
materials should be filed under, if any, the materials shall be filed Level 1 Restricted,
and the party seeking to maintain the confidentiality of the documents shall within
fourteen (14) days file a motion seeking to have the Court permanently restrict the
CONFIDENTIAL

materials.

It

is

also

agreed

that

proper

compliance

with

D.C.COLO.L.CivR 7.2 will not prevent or otherwise impair the parties’ right to generally
describe the contents of said restricted documents in their briefs or memoranda of law
and that said briefs or memoranda of law are not required to be filed under seal, even
though the documents are filed in compliance with D.C.COLO.L.CivR 7.2.

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11.

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. 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
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.
12.

In the event of an inadvertent disclosure of CONFIDENTIAL information,

or privileged documents or information, by any party to this Protective Order, the parties
agree that the right to designate such materials as CONFIDENTIAL or to assert
privilege will not be waived when the producing party notifies the other party of the
inadvertent disclosure within a reasonable period of time following discovery of the
inadvertent

disclosure.

Upon

notification

of

an

inadvertent

disclosure

of

CONFIDENTIAL or privileged documents or information, the producing party shall notify

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the receiving party of the inadvertent disclosure. Upon notification, the receiving party
shall promptly return or destroy the requested privileged materials and any copies
thereof.
13.
obligated

The termination of this action shall not relieve counsel or other persons
hereunder

from

their

responsibility

to

maintain

confidentiality

of

CONFIDENTIAL materials pursuant to this Protective Order, and the terms and
requirements of this Protective Order shall survive the termination of the action.
14.

This Protective Order is intended to regulate the handling of Confidential

Information throughout the pretrial, trial, and post-trial periods of this matter, including
after the conclusion of this litigation. It shall remain in force and effect thereafter until
modified, superseded, or terminated on the record by Order of the Court.
15.

All copies or reproductions of Confidential Information released in the

course of discovery are to be treated as CONFIDENTIAL and are subject to the
provisions of this Protective Order.
16.

Nothing herein shall prevent disclosure beyond the terms of this Order if

each and every party consents in writing to such disclosure, or if this Court, after notice
to all affected parties, orders that such disclosure be permitted.
17.

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, on February 28, 2014.
BY THE COURT:

s/Craig B. Shaffer
United States Magistrate Judge

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