Daviss et al v. School District Number 1, in the City and County of Denver

Filing 41

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 6/10/15. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:14-cv-0795-CMA-KMT
____________________________________________________________________________
TRELLANY DAVISS and SHARRON KEY,
Plaintiffs,
v.
SCHOOL DISTRICT NUMBER 1, in the CITY AND COUNTY OF DENVER
a/k/a DENVER PUBLIC SCHOOLS,
Defendant.
STIPULATED PROTECTIVE ORDER
CONCERNING CONFIDENTIAL INFORMATION
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
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.
2.

As used in this Protective Order, "document" is defined as provided in Fed.R.Civ.P.

34(a). 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 current or former Denver Public
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Schools (“DPS”) employees and may include without limitation, personnel records and personal
information related to the Plaintiffs (e.g., financial and medical records). See, e.g., section 24–
72–204(3)(a)(II)(A), C.R.S. (concerning disclosure of personnel records); and sections 19–1–
304(1)(a) and (b.5), C.R.S. (concerning disclosure of juvenile delinquency records and arrest and
criminal records information). Neither 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.
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, including the Plaintiffs 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)
(h)

other persons by written agreement of the parties; and

(i)
5.

deponents, witnesses, or potential witnesses;

the jury (juries) in this case.

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 (Exhibit A) 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.

CONFIDENTIAL documents, materials, and/or information will not be copied or

retained by any person other than the parties’ counsel, subject to ¶ 11 below.

If any

CONFIDENTIAL materials are provided to the persons listed in ¶ 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 been destroyed.
7.

Documents are designated as CONFIDENTIAL by placing or affixing on them (in a

manner that will not interfere with their legibility) or otherwise designating as CONFIDENTIAL
in clear and conspicuous manner the following or other appropriate notice: "CONFIDENTIAL."
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

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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 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 treated as
CONFIDENTIAL under 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. 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 law. 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.

Any and All Confidential Information produced by any party in this litigation shall, upon

the conclusion of the litigation, including any appeals, be either returned to the party producing

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such information, or destroyed by respective counsel in accordance with their document
retention policies.
11.

If CONFIDENTIAL materials are filed with the Court, the parties shall seek leave to file

such materials under seal pursuant to Local Rule 7.2, or with appropriate redactions made.
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.
DONE AND ORDERED this 10th day of June, 2015.

___________________________________
KATHLEEN M. TAFOYA
UNITED STATES MAGISTRATE JUDGE

STIPULATED TO AND APPROVED AS TO FORM this 8th day of June, 2015.
s/ Todd J. McNamara
Todd J. McNamara
Mathew S. Shechter
McNamara, Roseman & Kazmierski, LLP
1640 East Eighteenth Avenue
Denver, Colorado 80218
303-333-8700 – Telephone
303-331-6967 – Facsimile
[e-mail]
[e-mail]

____/s/ Mary B. Gray______
M. Brent Case
Holly Ortiz
Mary B. Gray
Semple, Farrington & Everall, P.C.
1120 Lincoln Street, Suite 1308
Denver, CO 80203
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

ATTORNEYS FOR PLAINTIFFS

ATTORNEYS FOR DEFENDANT

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CERTIFICATE OF SERVICE
I hereby certify that on June 8, 2015, I served a true and correct copy of the foregoing via
CM/ECF, E-mail, U.S. Mail, postage prepaid, or other proper and lawful service addressed as
follows:
M. Brent Case
Holly Ortiz
Mary Gray
Semple, Farrington & Everall, P.C.
1120 Lincoln Street, Suite 1308
Denver, CO 80203
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
ATTORNEYS FOR DEFENDANT
____/s Mathew S. Shechter__________________________

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EXHIBIT A
AFFIDAVIT
STATE OF COLORADO
COUNTY OF

)
)ss
)

_____________________________, swears or affirms and states under penalty of
perjury:
1.
I have read the Protective Order in Daviss & Key v. School District No. 1 in the
County of Denver and State of Colorado, et al,. Civil Action No. 2014-cv-795-CMA-KMT, a
copy of which is attached to this Affidavit.
2.
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.
3.
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.
4.
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.
5.

I will abide by the terms of the Protective Order.

_________________________________________
(Signature)
_________________________________________
(Print or Type Name)
Address:
_________________________________________
_________________________________________
SUBSCRIBED AND SWORN to before me this ______________ day of
___________________________, 2015, by_______________________________.
WITNESS my hand and official seal.
_____________________________
Notary Public
My commission expires:________________

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