A.B. v. City of Woodland Park, The et al
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 2/12/15. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-CV-00151-RM-KMT
A.B., by his mother and next friend, Jennifer Ybarra,
The CITY OF WOODLAND PARK, a Colorado municipal corporation; CHRISTOPHER
MOELLER in his individual and official capacities; ANDREW LEIBBRAND in his individual
and official capacities; and WAL-MART STORES, INC., a Delaware corporation; MELISSA
YOUNG; and SETH SHELTON
STIPULATED PROTECTIVE ORDER
The parties, by and through their attorneys, hereby submit the following Protective Order:
IT IS HEREBY STIPULATED AND AGREED, by and between the respective parties hereto
and their counsel of record, that Defendant Wal-Mart Stores, Inc. considers its asset protection
and security policies privileged, confidential, proprietary in nature, competitively sensitive,
and/or trade secret. The discovery of Wal-Mart asset protection and security policies will be
pursuant to the following terms, restrictions and conditions:
Confidential Information obtained by the parties and their counsel concerning the
policies shall be used only for the purpose of prosecuting this action and only this action.
Confidential materials, transcripts, and/or information (together, “Confidential
Information) shall not, without Defendant Wal-Mart Stores, Inc.’s consent 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 entity 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 opposing
It is agreed that any Confidential Information obtained from the deposition of a
party is confidential and the deposition shall remain confidential and shall not be used or
distributed for any purpose other than in connection with this litigation. Defense counsel must
designate the deposition confidential at the time of the deposition. Within 14 calendar days of
receipt of the deposition transcript, defense counsel must advise counsel for all parties of the
specific portions of the transcript designated confidential.
The parties may object to Defendant Wal-Mart Stores, Inc.’s designation of
particular Confidential Information by giving written notice to Defendant disputing the
designation no later than 14 calendar days after the designation. (In the event of dispute
concerning deposition testimony, the parties must give notice within 14 calendar days after the
designation of specific portions of the transcript as described in paragraph 5). The written notice
shall identify the Confidential Information to which the objection is made. If the parties cannot
resolve the objection within 10 calendar days after the time the notice is received, it shall be the
obligation of Defendant Wal-Mart Stores, Inc. to file an appropriate motion requesting that the
Court determine whether the disputed information should be subject to the terms of this
Protective Order. 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.
In the event that Confidential Information is used in any court filing or proceeding
in this action, including but not limited to its use at trial, it shall not lose its confidential status as
between the parties through such use. However, Confidential Information and pleadings or
briefs quoting or discussing Confidential Information will not be accepted for filing “under seal”
or otherwise kept out of the public record in this action except by court order issued upon motion
of the party seeking to file the documents under seal. Any motion requesting leave to file
documents under seal shall comply with the requirements of D.C.Colo.LCivR 7.2 and applicable
case law standards.
Within 30 days of the conclusion of the action, counsel for Plaintiff will return to
counsel for Defendant Wal-Mart Stores Inc., Sutton | Booker | P.C., those portions of any
deposition that has been designated confidential, or the parties may elect to destroy those
portions. Where the parties agree to destroy, the destroying party shall provide all parties with an
affidavit confirming the destruction.
The disclosure of information by the parties shall not constitute a waiver of any
privilege, or claim or right of withholding, or confidentiality.
This Protective Order survives this case for the purpose of enforcement.
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 this 12th day of February, 2015.
BY THE COURT:
Kathleen M. Tafoya
United States Magistrate Judge
Debra K. Sutton
Katie B. Johnson
SUTTON | BOOKER | P.C.
26 W. Dry Creek Circle, Suite 375
Littleton, CO 80120
Counsel for Defendants Wal-Mart Stores, Inc.; Melissa Young; and Seth Shelton
Alpern Myers Stuart, LLC
14 North Sierra Madre Street, Suite A
Colorado Springs, CO 80903-3311
Attorneys for Plaintiff
Thomas S. Rice
Ashley M. Kelliher
Senter Goldfarb & Rice, L.L.C.
1700 Broadway, Suite 1700
Denver, Colorado 80290
Attorneys for Defendants the City of Woodland Park, Christopher Moeller, and Andrew
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