Cvancara v. Cooke
Filing
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PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 6/1/15. ORDERED that when filing restricted documents, parties MUST fully comply with the requirements of D.C.ColoL.CivR. 7.2. (cbssec)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-03106-RM-CBS
SUSAN CVANCARA,
Plaintiff,
v.
STEVE REAMS, in his official capacity as Sheriff of Weld County, Colorado,
Defendant.
PROTECTIVE ORDER
Pursuant to the Joint Stipulated Motion for Protective Order filed by the parties in this
matter, the Court hereby Orders as follows:
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 that is disclosed in this
matter 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 by Fed. R.
Civ. P. 34(a). A draft or non-identical copy is a separate document within the meaning of this
term.
3.
One who provides, serves, discloses or files any nonpublic documents or
information in connection with this civil action, and who in good faith believes any such
document or information contains nonpublic personal, personnel, employment, private, medical,
or other information implicating privacy interests or proprietary interests of either the Plaintiffs,
or the Defendants, or any other person, may designate such documents or information as
“Confidential.” The documents or information so designated shall be deemed “Confidential
Material” subject to this Protective Order.
4.
Confidential Material shall be subject to the following restrictions. Confidential
Material shall be used only for the limited purpose of preparing for and conducting this civil
action (including any appeals), and not for any other purpose whatsoever, and shall not, without
the consent of the party producing it or further Order of the Court, be disclosed in any way to
anyone except those specified in this paragraph:
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, or at other proceedings in this case;
c. the parties and designated representatives of the Defendants;
d. 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;
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, or potential witnesses who execute the attached Exhibit
A;
h. and other persons, by written agreement of the parties, who execute the
attached Exhibit A.
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5.
No Confidential Material shall be disclosed to anyone other than the persons
listed in Paragraph 4 above. Prior to disclosing any Confidential Material to any person listed in
paragraph 4 above (other than the parties’ counsel, persons employed by counsel, Court
Personnel and stenographic reporters), counsel shall provide such person with a copy of this
Protective Order and have such person execute a copy of Exhibit A acknowledging that he or she
read this Protective Order and agreed 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.
6.
This Protective Order shall not prohibit or restrain any party from performing the
tasks necessary to prepare for trial; however, any re-disclosure or communication of the
information covered by this Protective Order, except as specifically allowed by this Protective
Order for the purposes of this litigation only, is strictly prohibited. The objectives of this
Protective Order are that none of the information revealed in connection with such protections be
used for any purpose other than in relation to this litigation and that no one be allowed to use any
information produced pursuant to this order in connection with any other issue, dispute, litigation
or charge against any of the parties whether currently pending or contemplated in the future.
7.
No reproduction of information disclosed in reliance on this Protective Order is
authorized, except to the extent copies are required to prepare the case for trial. All copies,
excerpts, or summaries made, shown, or given to those authorized hereby and according to the
provisions hereof shall be stamped to indicate the protected and Confidential nature of the
disclosed information. Review of Confidential Material by counsel, experts, or consultants for
the litigation will not constitute any waiver of the confidentiality of the document or of any
objections to production. The inadvertent, unintentional or in camera disclosure of Confidential
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Material shall not, under any circumstances, be deemed a waiver, in whole or in part, of any
claims of confidentiality.
8.
Counsel to the Parties are required to advise, instruct and supervise all associates,
staff and employees of counsel to keep designated Confidential Material confidential in the
strictest possible fashion. Counsel and the Parties also agree to such treatment of the information
by themselves, and counsel will appropriately instruct their clients as to the protected nature of
the information produced pursuant to this order and the limitations on its use and disclosure.
9.
Documents are designated as Confidential Material by placing or affixing on them
(in a manner that will not interfere with their legibility) the following or other appropriate notice:
“CONFIDENTIAL.”
10.
Whenever a deposition involves the disclosure of Confidential Material, the
deposition or portions thereof shall be designated as Confidential and subject to 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 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. The cover page, those
portions of the original transcripts containing Confidential material shall bear the legend
“CONFIDENTIAL — SUBJECT TO PROTECTIVE ORDER,” and shall be bound separately
from the non-Confidential portions of the transcript.
Any deposition exhibits designated
Confidential shall also be bound separately.
11.
A party may object to the designation of particular documents as Confidential
Material by giving written notice to the party designating the disputed information. The written
notice shall identify with specificity the information to which objection is made. If the parties
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cannot resolve the objection within fourteen (14) 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. Unless otherwise ordered by the Court, 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 any motion filed under this provision, the party
designating the information as Confidential shall bear the burden of establishing good cause
exists for the disputed information to be treated as Confidential.
12.
After the conclusion of this case, including any appeals filed by any party, unless
other arrangements are agreed upon, each document and all copies thereof designated as
Confidential shall be returned to the party that designated the material as Confidential.
13.
Documents stamped “Confidential” shall not be filed with the clerk except when
required in connection with motions under Fed. R. Civ. P. 12 or Fed. R. Civ. P. 56, motions to
determine confidentiality under the terms of this Protective Order, and motions related to
discovery disputes if the Confidential documents are relevant to the motion.
A party
contemplating filing Confidential Material protected by this Protective Order shall comply with
with the provisions of Local Rule 7.2. and Section V of this Court’s ECF Civil Procedures. to
the Court must include a notice to the Court that Confidential Material is being filed in a sealed
envelope or other suitable sealed container with the case caption on the outside, and with the
following or a similar statement: “Confidential—This envelope contains documents that are
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subject to a Protective Order entered by the Court in this action governing the use of Confidential
Material designated by the parties.”
A party contemplating filing Confidential Material
protected by this Protective Order to the Court shall also comply with all applicable Federal
Rules of Civil Procedure as well as all applicable Local Rules of the United States District Court
for the District of Colorado.
All Confidential Materials so filed with the Court shall be
maintained by the Clerk of the Court under seal and shall be released only upon further Order of
the Court.
14.
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.
15.
Nothing in this Protective Order shall prevent any party or other person from
seeking modification of this order or from objecting to discovery that the party or other person
believes to be improper. Nothing in this Protective Order shall prejudice the right of any party to
contest the alleged relevancy, admissibility, or discoverability of Confidential documents or
information sought.
DATED at Denver, Colorado, on June 1, 2015.
BY THE COURT:
s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:14-cv-03106-RM-CBS
SUSAN CVANCARA,
Plaintiff,
v.
STEVE REAMS, in his official capacity as Sheriff of Weld County, Colorado,
Defendant.
EXHIBIT A TO PROTECTIVE ORDER – CONFIDENTIALITY AGREEMENT
I, _____________________________________, the undersigned, being duly sworn, hereby
acknowledge that I have read the Protective Order issued by the Court in the above captioned civil
action and I understand the terms and conditions of such Protective Order governing the restricted
use of information and materials obtained from the parties and provided to me for the sole purpose of
the above captioned action, and hereby agree to keep all such information and materials strictly and
absolutely confidential, and in all other respects to be bound by the terms of the Protective Order.
My current address and telephone number is: _______________________________
_______________________________
_______________________________
Signature
STATE of
COUNTY of
)
)ss.
)
The foregoing Confidentiality Agreement was sworn and acknowledged to before me by
_________________________ on this ____ day of _____________________, 20____.
Witness my hand and official seal.
[seal]
_______________________________
Notary Public
My commission expires:_________________________
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