Divis v. Skywest Airlines, Inc.

Filing 37

ORDER. Plaintiff shall produce a full and un-redacted copy of the diary 36 to the Defendant on or before July 7, 2015. The document shall be marked "Confidential" pursuant to the Stipulated Protective Order 20 in this case and handled in accordance therewith. It is also ORDERED Document No. 36 shall remain classified as confidential and shall be held under restriction at Level 3, by Magistrate Judge Kathleen M. Tafoya on 7/2/15. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 14–cv–02551–KMT–NYW
KATHERINE DIVIS,
Plaintiff,
v.
SKYWEST AIRLINES, INC., a Utah corporation,
Defendant.

ORDER

This matter is before the court on the parties’ request during the informal conference held
on June 26, 2015 [Doc. No. 35] that the court review Plaintiff’s personal diary kept from
December 24, 2013 through March 6, 2014. To that end, Plaintiff filed the diary with the court
under restriction level three. [Doc. No. 36.]
The court has reviewed the diary in un-redacted form. The diary contained several pages
which were “watermarked” with the word ‘Produced,’ indicating that a particular page had been
produced to the Defendant in discovery. The remainder of the pages had not been produced and
Plaintiff argued the remainder of the diary contained highly confidential material which was not
relevant to the issues in the case.
Upon review, the court agrees with the Plaintiff that the information in the diary is
personal and confidential. However, the court also finds that the document is relevant to several

important issues in the case and that it must therefore be produced in its entirety to the
Defendant.
Therefore, it is ORDERED.
Plaintiff shall produce a full and un-redacted copy of the diary [Doc. No. 36] to the
Defendant on or before July 7, 2015. The document shall be marked “Confidential” pursuant to
the Stipulated Protective Order [Doc. No. 20] in this case and handled in accordance therewith.
It is also ORDERED
Document No. 36 shall remain classified as confidential and shall be held under
restriction at Level 3.
Dated this 2d day of July, 2015.

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