Takacs v. Tenenbaum

Filing 38

PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 7/24/2014. (eseam, )

In the United States District Court
for the District of Colorado
Civil Action No. 14-cv-1095-MEH
AMY TAKACS,
Plaintiff,
v.
JEFFREY TENENBAUM
Defendant.

PROTECTIVE ORDER
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 (a)
plaintiff Amy Takacs and (b) defendant Jeffrey Tenenbaum.

Such

CONFIDENTIAL INFORMATION may include:
a. Social security numbers;
b. Medical records,
c. Educational records, and
d. Records of income tax returns.
4.

CONFIDENTIAL information shall not be disclosed or used for any purpose
except the preparation and trial of this case and the matter of People v.
Tenenbaum, Boulder County District Court 14CR524.

5.

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 or on Boulder case number
14CR524;
b. persons regularly employed or associated with the attorneys actively
working on this case and on Boulder case number 14CR524 whose

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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 plaintiff's mother and defendant’s parents;
d. expert witnesses and consultants retained in connection with this
proceeding or in Boulder case number 14CR524, to the extent such
disclosure is necessary for preparation, trial or other proceedings in this
case or in Boulder case number 14CR524;
e. the Court and its employees (“Court Personnel”) in this case and in Boulder
case number 14CR524;
f. stenographic reporters who are engaged in proceedings necessarily incident
to the conduct of this action and in Boulder case number 14CR524;
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 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

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retained by counsel and shall be subject to in camera review by the Court if
good cause for review is demonstrated by opposing counsel.
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.”

Discovery material designated

CONFIDENTIAL shall be identified by Bates number. To the extent practical,
the respective legend shall be placed near the Bates number.
8.

Designation of a document as CONFIDENTIAL INFORMATION shall
constitute a representation that such document has been reviewed by an
attorney for the designating party, that there is a valid and good faith basis for
such designation, made at the time of disclosure or production to the receiving
party, and that disclosure of such information to persons other than those
permitted access to such material would cause a privacy harm to the
designating party.

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

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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.
10.

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. 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.

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11.

At the conclusion of this case and Boulder case number 14CR524, unless other
arrangements are agreed upon, each document and all copies thereof which
have been designated as CONFIDENTIAL shall be returned to the party that
designated it CONFIDENTIAL, or the parties may elect to destroy
CONFIDENTIAL documents.

Where the parties agree to destroy

CONFIDENTIAL documents, the destroying party shall provide all parties
with an affidavit confirming the destruction.
12.

This Protective Order shall have no force and effect on the use of any
CONFIDENTIAL INFORMATION at trial in this matter or Boulder 14CR524.

13.

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 this 24th day of July, 2014.
BY THE COURT:

UNITED STATES MAGISTRATE JUDGE

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