Rabito v. Accordant Health Services, LLC

Filing 27

ORDER by Magistrate Judge Boyd N. Boland on 4/11/14. The parties' Joint Motion for the Entry of a Stipulated Order of Confidentiality 25 is DENIED and the proposed Order of Confidentiality [25-1] is REJECTED. (bsimm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-03271-MSK-BNB
RICHARD RABITO,
Plaintiff,
v.
ACCORDANT HEALTH SERVICES, LLC, a Delaware limited liability company,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter is before me on the parties’ Joint Motion for the Entry of a Stipulated
Order of Confidentiality [Doc. # 25, filed 4/7/2014] (the “Motion”). The Motion is DENIED
and the proposed Order of Confidentiality is REJECTED. The parties are granted leave to
submit a revised motion and draft order consistent with the comments contained here.
In Gillard v. Boulder Valley School District, 196 F.R.D. 382 (D. Colo. 2000), I set out
certain requirements for the issuance of a blanket protective order such as the one sought here.
Among other things, I require that any information designated by a party as confidential must
first be reviewed by a lawyer and that the designation as confidential must be “based on a good
faith belief that [the information] is confidential or otherwise entitled to protection” under Fed.
R. Civ. P. 26(c)(1)(G). Gillard, 196 F.R.D. at 386. In addition, I require that the protective order
contain a mechanism by which a party may challenge the designation of information as
privileged. The addendum to the Gillard decision is a preferred form of protective order. The
draft order does not comply with the requirements of Gillard.

IT IS ORDERED that the Motion [Doc. # 25] is DENIED.
Dated April 11, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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