Roemer et al v. Carochi et al

Filing 76

PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 2/16/16. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01655-PAB-NYW
The Estate of JAMES ROEMER,
Plaintiff,
v.
ALI SHOAGA, in his individual capacity,
Defendant.

PLAINTIFF'S PROPOSED PROTECTIVE ORDER

The parties, through their respective counsel, hereby agree to the following
Stipulated 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 documents and
information in this case, IT IS ORDERED:
1.
information,

This Protective Order shall apply to all documents, materials, and
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
(collectively, "Disclosed Information").
2.

As used in this Protective Order, “document” is defined as provided in Fed.

R. Civ. P. 34(a).

3.

Any party providing Disclosed Information may designate such as

CONFIDENTIAL. Any Disclosed Information designated “CONFIDENTIAL” shall be that
in which a person or entity has (a) a statutory, regulatory, or common law right of privacy
and the person or entity has not consented to disclosure of the private information; or (b)
a vested interest in protecting against dissemination or disclosure of the Disclosed
Information based on it being proprietary or non-public 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 proprietary. Disclosed Information designated as CONFIDENTIAL shall not be
disclosed or used for any purpose except the preparation and trial of this case. Thirdparties providing any Disclosed Information may designate such as CONFIDENTIAL per
this Protective Order, and any party to this Protective Order may designate such 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.

the parties;

b.

attorneys actively working on this case;

c.

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;
d.

expert witnesses and consultants retained in connection with this
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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”);

f.

stenographic reporters who are engaged in proceedings necessarily

incident to the conduct of this action;
g.

deponents, witnesses and potential witnesses; and

h.

other persons by written agreement of the parties.

5.

A

subset

of

CONFIDENTIAL

information

may

be

designated

CONFIDENTIAL—ATTORNEYS’ EYES ONLY. Specifically, that information to be
designated

CONFIDENTIAL—ATTORNEYS’

EYES

ONLY

includes

Disclosed

Information, the dissemination or disclosure of which, would create a risk of threats,
retaliation, or other harm to any person, or which, after review by counsel of record
and good faith certification pursuant to Rule 26(g), could otherwise compromise prison
safety and security. Any CONFIDENTIAL—ATTORNEYS’ EYES ONLY information so
designated shall not, without the consent of the party producing it or further Order of the
Court, be disclosed except 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; nor
does it include any employee, agent, or representative of the Colorado
Department of Corrections, including any party to this matter;
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c.

Court Personnel;

d.

stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action; and

e.

other persons by written agreement of the parties.

6.

Counsel who intend to use CONFIDENTIAL information (whether

designated as CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY) in
court proceedings or in court filings must file such CONFIDENTIAL information under
restrictive

access,

or

otherwise

restricted

from

public

access,

pursuant

to

D.C.COLO.LCivR 7.2. Nothing in this Order will be construed as an Order restricting
any document or information.
7.

Prior to disclosing any CONFIDENTIAL information (whether designated as

CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY) to any person listed
above in sections 4 or 5 (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.
8.

Counsel for the party producing any CONFIDENTIAL information must

place or affix on the document (in a manner that is readily noticeable but will not interfere
with the document's legibility) the proper designation of either “CONFIDENTIAL” or
"CONFIDENTIAL—ATTORNEYS’ EYES ONLY”.
9.

Counsel for the party producing any CONFIDENTIAL information shall

review it and, prior to designating it as such, shall certify that the designation is based on
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a good faith belief that it meets the requirements for such designation as defined in this
Protective Order. Such certification shall include: 1) identification of the Bates number of
a document(s) or other specific identifier of any information that is not a document that a
party designates as CONFIDENTIAL; 2) a generic description of the contents of the
Disclosed Information that does not reveal any CONFIDENTIAL information; 3) whether
the party intends to designate the identified Disclosed Information as CONFIDENTIAL or
CONFIDENTIAL—ATTORNEYS’ EYES ONLY; and 4) the specific basis for the
CONFIDENTIAL designation. A sample log that may be used to provide this information
that complies with the provisions of this Protective Order is attached hereto as Exhibit
A.
10.

Whenever a deposition involves the disclosure of CONFIDENTIAL

information, the deposition or portions thereof shall be designated as CONFIDENTIAL
or CONFIDENTIAL—ATTORNEYS’ EYES 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 counsel for a party may designate portions of
depositions as CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY after
transcription, provided written notice of the designation is promptly given to all counsel
of record within 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

information by giving written notice to the party making the designation within 21 days of
being notified of the designation. The written notice shall identify the CONFIDENTIAL
information to which the objection is made and the basis for the objection. If the parties
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cannot resolve the objection within 21 days after the notice is received, the party making
the designation must move the Court to determine whether the purportedly
CONFIDENTIAL information should be subject to this Protective Order. If such a motion
is made within 21 days of receiving the notice of objection, the purportedly
CONFIDENTIAL information shall be treated as such under 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 purportedly CONFIDENTIAL information shall lose its
designation and shall not be treated as such under this Protective Order unless, a party
moves the Court to determine otherwise. However, once such a motion is made, the
purportedly CONFIDENTIAL information shall again be treated as CONFIDENTIAL or
CONFIDENTIAL—ATTORNEYS’ EYES ONLY under this Protective Order until the
Court rules on the motion. In connection with a motion made under this provision, the
moving party making the designation shall bear the burden of establishing that good cause
exists for the disputed

information

to

be

treated

as

CONFIDENTIAL

OR

CONFIDENTIAL—ATTORNEYS' EYES ONLY.
12.

If a disclosing party produces Disclosed Information without designating it

as CONFIDENTIAL or CONFIDENTIAL—ATTORNEYS’ EYES ONLY but later
determines the Disclosed information should have been designated as CONFIDENTIAL
or CONFIDENTIAL—ATTORNEYS’ EYES ONLY, the disclosing party shall promptly
notify the other (or non-disclosing) party of the error and furnish properly designated
copies.

Upon

receiving

CONFIDENTIAL,
information

as

notice

of

the

improperly-designated

disclosure,

the

the non-disclosing party shall threat all copies of the disclosed
if

they

were

originally
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designated

as

CONFIDENTIAL

or

CONFIDENTIAL—ATTORNEYS ONLY, except that the deadlines for objections shall be
calculated from the date of the notice to the non-disclosing party of the error.
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 CONFIDENTIALATTORNEYS 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’ EYES 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.
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 16th day of February, 20165.
BY THE COURT:

s/ Nina Y Wang
Nina Y. Wang
United States Magistrate Judge
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