Vue v. Scott et al
Filing
56
STIPULATED PROTECTIVE ORDER, by Magistrate Judge Kathleen M. Tafoya on 5/21/2015. (tscha, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01460-RM-KMT
CHINOU VUE,
Plaintiff,
v.
CAPTAIN WILLIAM SCOTT, Sterling Correctional Facility,
LIEUTENANT RONALD GILES, Sterling Correctional Facility,
LIEUTENANT RONALD CARPENTER, Sterling Correctional Facility,
DOCTOR MAURICE FAUVEL, Sterling Correctional Facility,
SERGEANT TINA TAMETEO, Sterling Correctional Facility,
SERGEANT TREVOR BUCHHOLTZ, Sterling Correctional Facility,
CORRECTIONAL OFFICER STEVEN BELL, Sterling Correctional Facility,
CORRECTIONAL OFFICER NICHOLAS LEECH, Sterling Correctional Facility,
CORRECTIONAL OFFICER CHERYL BRINDISI, Sterling Correctional Facility,
CORRECTIONAL OFFICER DAVID CUSTER, Sterling Correctional Facility,
FACILITY NURSE CHARLENE LARSON, Sterling Correctional Facility, and
FACILITY NURSE CONNIE CAUSSEN, Sterling Correctional Facility Nurse,
Defendants.
STIPULATED PROTECTIVE ORDER
The Parties, through their counsel, hereby agree to the following
Protective Order and request that it be entered as an Order of the Court.
Upon a showing of good cause in support of the entry of a protective order
to protect the disclosure and discovery of confidential and security-sensitive
information 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, responses to requests for
production of documents, 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 in
which a party has a statutory, regulatory, or common law right of privacy or
protection against dissemination or disclosure as well as proprietary or nonpublic business information relating to operational strategies, policies, plans,
corporate structure, prison safety and security, and similar information treated or
considered by a Party, whether by policy or practice, to be confidential or
proprietary. 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.
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;
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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.
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;
d.
the Court and its employees (“Court Personnel”);
e.
stenographic reporters who are engaged in proceedings
necessarily incident to the conduct of this action;
f.
deponents, witnesses and potential witnesses; and
g.
other persons by written agreement of the parties.
A subset of CONFIDENTIAL information may be designated
5.
CONFIDENTIAL - ATTORNEYS ONLY. Any information so designated 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; however, this does not include contract employees, other persons
hired on a temporary basis, or outside agencies, organizations, or
institutions;
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c.
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;
d.
non-inmate deponents and witnesses during the course of their
testimony;
e.
Court Personnel;
f.
stenographic reporters who are engaged in proceedings
necessarily incident to the conduct of this action; and
g.
6.
other persons by written agreement of the parties.
Counsel who intend to use CONFIDENTIAL or CONFIDENTIAL-
ATTORNEYS ONLY information in court proceedings or in court filings, shall
make a good faith effort to have the CONFIDENTIAL or CONFIDENTIALATTORNEYS ONLY information filed under seal, or otherwise restricted from
public access, pursuant to D.C.COLO.LCivR 7.2.
7.
Prior to disclosing any CONFIDENTIAL or CONFIDENTIAL-
ATTORNEYS ONLY 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.
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8.
Documents are designated as CONFIDENTIAL or
CONFIDENTIAL-ATTORNEYS ONLY by placing or affixing on them (in a manner
that will not interfere with their legibility) the following or other appropriate notice:
“CONFIDENTIAL.” Documents are designated as CONFIDENTIAL ATTORNEYS ONLY.”
9.
Counsel for the party producing any information that will be
designated CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS ONLY shall
review the information and, prior to designating such information
CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS ONLY, shall certify that the
designation is based on a good faith belief that the information is in fact
confidential or otherwise entitled to protection.
10.
Whenever a deposition involves the disclosure of CONFIDENTIAL
or CONFIDENTIAL-ATTORNEYS ONLY information, the deposition or portions
thereof shall be designated as CONFIDENTIAL or CONFIDENTIALATTORNEYS ONLY 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 or CONFIDENTIAL-ATTORNEYS ONLY 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.
11.
A party may object to the designation of particular CONFIDENTIAL
or CONFIDENTIAL-ATTORNEYS ONLY information by giving written notice to
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the party designating the disputed information within twenty-one (21) days after
the party designated information as CONFIDENTIAL or CONFIDENTIALATTORNEYS ONLY. The written notice shall identify the information to which
the objection is made. If the parties cannot resolve the objection within twentyone (21) days after the time the notice is received, it shall be the obligation of the
party designating the information as CONFIDENTIAL or CONFIDENTIALATTORNEYS ONLY to make 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 made, the disputed information shall
be treated as CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS ONLY under
the terms of this Protective Order until the Court rules on the motion. If the
designating party fails to make such a motion within the prescribed time, the
disputed information shall lose its designation as CONFIDENTIAL or
CONFIDENTIAL-ATTORNEYS ONLY and shall not thereafter be treated as
CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS ONLY in accordance with this
Protective Order. In connection with a motion made under this provision, the
party designating the information as CONFIDENTIAL or CONFIDENTIALATTORNEYS ONLY shall bear the burden of establishing that good cause exists
for the disputed information to be treated as CONFIDENTIAL or
CONFIDENTIAL-ATTORNEYS ONLY.
12.
If a disclosing party discloses information that was not designated
as CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS ONLY but later
determines that the disclosed information should have been designated as
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CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS ONLY, the disclosing party
shall promptly notify the other (or non-disclosing) party of the error and furnish
properly designated copies of the disclosed information. Upon receipt of notice
of the improperly-designated disclosure, the non-disclosing party shall threat all
copies of the disclosed information as if they were originally designated as
CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS ONLY.
13.
At the conclusion of this case, unless other arrangements are
agreed upon, each document and all copies thereof, including electronic copies,
that have been designated as CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS
ONLY shall be returned to the party that designated it CONFIDENTIAL or
CONFIDENTIAL-ATTORNEYS ONLY, or the parties may elect to destroy
CONFIDENTIAL or CONFIDENTIAL-ATTORNEYS ONLY documents, including
all electronic copies. Where the parties agree to destroy CONFIDENTIAL or
CONFIDENTIAL-ATTORNEYS ONLY documents, the destroying party shall
provide all parties with an affidavit confirming the destruction.
14.
By designating information as CONFIDENTIAL or CONFIDENTIAL
– ATTORNEYS ONLY and producing such information pursuant to the terms of
this Protective Order, no party waives any objections or statutory exemptions that
may otherwise be asserted.
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15.
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 21st day of May, 2015.
BY THE COURT:
Kathleen M. Tafoya
United States Magistrate Judge
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