Glapion v. Donovan

Filing 44

STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 10/03/2014. (slibi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01699-MEH
MELEAHA R. GLAPION,
Plaintiff,
v.
JULIAN CASTRO, Secretary, U.S. Department of Housing and Urban Development,
Defendant.
______________________________________________________________________________
STIPULATED PROTECTIVE ORDER
______________________________________________________________________________
This is an action seeking redress for alleged violations of the Civil Rights Act of
1964 (“Title VII”), 42 U.S.C. § 2000e et seq. The parties anticipate that because of the nature of
this action, discovery will include information that may be subject to the provisions of the
Privacy Act and otherwise subject to protection from disclosure. Parties object to the disclosure
of such information unless the disclosure is authorized and governed pursuant to a Protective
Order.
The Court has considered the Joint Motion for Entry of Stipulated Protective Order.
Upon a showing of good cause in support of the entry of this Protective Order, the Court
GRANTS said Motion. Thus, pursuant to 5 U.S.C. § 552a(b)(11) and Fed. R. Civ. P. 26(c), to
protect the discovery and dissemination of confidential information or information which may
improperly annoy, embarrass, or oppress any party, witness, or person providing discovery in this
case, IT IS HEREBY ORDERED:

2

1.

If any party discloses a document or information that would otherwise be

protected by the Privacy Act, this order is an order of the court pursuant to
5 U.S.C. § 552a(b)(11) which allows for such disclosure.
2.

To address certain types of confidential information and documents covered

by this Protective Order, the parties have agreed to designate certain information as
“confidential” and limit disclosure accordingly. This Protective Order shall apply to
documents, materials, and information disclosed pursuant to disclosure or discovery duties
created by the Federal Rules of Civil Procedure. This includes, without limitation,
documents produced, answers to interrogatories, responses to requests for admission,
deposition testimony, and other information.
3.

“Confidential Information” means any document, file, portions of files,

transcribed testimony, or response to a discovery request, including any extract, abstract, chart,
summary, note, or copy made there from which, after having been reviewed by one of parties, is
designated by that party (as used in this document, “party” refers to a party and a party’s
counsel if that party has counsel) as confidential based on a good faith belief that the
information is indeed confidential or otherwise entitled to protection under Fed. R.Civ. P. 26(c).
The designation as “Confidential Information” only affects how the receiving party handles
such documents or information. That is, the designation does not affect how the party who
produces the document or information handles such documents or information apart from
designating such documents or information as Confidential pursuant to this Protective Order.

3

4.

The party designating any information as Confidential will make that

designation in the following manner:
a.

By imprinting the word “Confidential” on any document;

b.

By imprinting the word “Confidential” next to or above any response to a
discovery request;

c.

With respect to documents, information, or data produced in a format in
which imprinting the word “Confidential” is impractical (e.g.,
electronically stored information), by giving written notice to opposing
counsel designating such documents, information, or data as
“Confidential.”

d.

With respect to transcribed testimony, by giving written notice to
opposing counsel designating such portions as “Confidential;” and

e.

With respect to documents provided by any third party to this action,
by giving written notice to opposing counsel designating such
portions as “Confidential.”

5.

All Confidential Information shall be subject to the following restrictions:
a.

It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever;

b.

It shall not be communicated or disclosed by any party’s counsel or a
party in any manner, either directly or indirectly, to anyone except

4

for purposes of this case and unless an affidavit has been signed
by the recipient of the Confidential Information agreeing to abide by the
terms of this Protective Order.
6.

Individuals authorized to review Confidential Information received from the

opposing party pursuant to this Protective Order also shall hold the Confidential Information in
confidence and shall not divulge the Confidential Information, either verbally or in writing, to
any other person, entity or government agency unless authorized to do so by court order or
written agreement by the party disclosing the Confidential Information. Documents marked
Confidential that were disclosed before the entry of this Protective Order shall be governed by
this Protective Order.
7.

Any counsel or party who discloses Confidential Information received from the

opposing party shall be responsible for assuring compliance with the terms of this Protective
Order by persons to whom such Confidential Information is disclosed and shall obtain and retain
original affidavits signed by qualified recipients of the Confidential Information, and shall
maintain a list of all persons to whom any Confidential Information received from the opposing
party is disclosed. During the pendency of this action, opposing counsel may upon court order or
agreement of the parties inspect the list maintained by counsel.
8.

No copies of Confidential Information received from the opposing party shall be

made except by or on behalf of counsel in this litigation. Such copies shall be made and used
solely for purposes of this litigation. During this litigation, counsel shall retain custody of the
Confidential Information received from the opposing party, and copies made there from.
9.

A party may object to the designation of particular Confidential Information

received from the opposing party by giving written notice to the party designating the
4

disputed information. The written notice shall identify the information to which the objection is
made. If the parties cannot resolve the objection within ten 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.
10.

Any quote, document, exhibit, or transcript designated Confidential in

accordance with this Order received from the opposing party in any court filing or proceeding in
this action, and which is otherwise admissible, may be used at trial, provided, however, the
parties agree that they will first confer with the opposing party regarding the proposed
disclosure and work with the Court to identify trial procedures, such as filing under seal and/or
in camera reviews, that will protect and maintain the private nature of highly sensitive
information. If filed under seal, the protected information will nevertheless be accessible to the
Court. Should either party determine the Confidential Information may not be used, quoted or
discussed as proposed by the party proposing such disclosure, then the party opposing such use
shall proceed in accordance with the provisions of paragraph 9 above.
11.

Upon termination of this litigation, including any appeals, each party’s counsel
5

shall immediately return to the producing party all Confidential Information received from the
opposing party provided subject to this Protective Order, and all extracts, abstracts, charts,
summaries, notes or copies made there from, or shall destroy such information within twentyone days. If the parties agree to destroy the Confidential Information, the destroying party shall
provide the producing party with a certification or affidavit confirming the destruction. The
termination of this action shall not relieve counsel or other persons obligated hereunder from
their responsibility to maintain the confidentiality of Confidential Information received from
the opposing party pursuant to this Protective Order.
12.

Nothing contained in this Order, nor any action taken in compliance with it,

shall operate as an admission or assertion by any witness or person or entity producing
documents that any particular document or information is, or is not, admissible into evidence.
13.

Nothing herein constitutes or may be interpreted as a waiver by any party of

the attorney-client privilege, attorney work product protection, doctor-patient privilege or any
other privilege.
14.

All Confidential Information produced by Plaintiff and/or her treating medical

sources are confidential and shall be subject to the provisions of this Order.
15.

Nothing in this Protective Order shall preclude any party from filing a motion

seeking further or different protection from the Court under Rule 26(c) of the Federal Rules
of Civil Procedure, or from filing a motion addressing how Confidential Information shall be
treated at trial.
16.

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.

6

DATED this 3rd day of October, 2014 in Denver, Colorado.

BY THE COURT:
s/ Michael E. Hegarty

Michael E. Hegarty
United States Magistrate Judge

PROTECTIVE ORDER TENDERED FOR
REVIEW:

s/ Meleaha R. Glapion
Meleaha R. Glapion
Plaintiff
21025 E. 49th Ave.
Denver, CO 80249
[phone]

s/ Timothy B. Jafek
Timothy B. Jafek
Assistant United States Attorney
1225 Seventeenth Street, Suite 700
Denver, Colorado 80202
[phone]
Attorney for Defendant

7

8

9