Woodstock v. Larimer County Sheriff et al

Filing 140

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 2/16/16. (sgrim)

IN THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF
COLORADO
Civil Action No. 1:15-CV-00041-REB-KMT
JONATHAN (LANE) WOODSTOCK
Plaintiff
v.
LT. S. SHAFFER, BRET RICKARD, CHAPLAIN, CAPTAIN PALMER, AND S. JONES
Defendant

PROTECTIVE ORDER
THIS MATTER comes before the Court on Defendant S. Jones’s Motion for Entry of
Protective Order (the “Motion”). The Court having reviewed the Motion, the record, and the
law, finds that the Motion is well-taken and hereby GRANTS the relief requested. It is
therefore ORDERED that the following is made an Order of the Court:
PROTECTIVE ORDER
1)

“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 therefrom - not made available to the public - and
designated by one of the Parties in the manner provided in paragraph 3 below as containing:
information regarding, or created pursuant to, certain policies, procedures, and operations to
which Defendants have proprietary, security, and other confidential interests. Disclosure of
these documents outside the scope of the litigation would cause undue burden on Defendants
as well as injury to their privacy interests considering Defendants’ involvement with the
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operation of a state criminal correctional facility.
2)

“Counsel” refers to any Party’s counsel of record as well as self-represented, or

pro se litigants, in the above captioned lawsuit.
3)

Where Confidential Information is produced, provided or otherwise disclosed by

Defendants in response to any discovery request, it will be designated in the following
manner:
a)

By imprinting the word “Confidential” on the first page or cover of any

document produced;
b)

By

imprinting

the

word

“Confidential”

next

to

or

above any response to a discovery request; and
c)

With respect to transcribed testimony, by giving written notice to

opposing counsel designating such portions as “Confidential” no later than ten
calendar days after receipt of the transcribed testimony.
4)

All Confidential Information provided by Defendants in response to a discovery

request or transcribed testimony 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 for purposes
of this case and unless an affidavit in the form of Exhibit A has been signed.
5)

Individuals authorized to review Confidential Information pursuant to this

Protective Order shall hold Confidential Information in confidence and shall not divulge the
Confidential Information, either verbally or in writing, to any other person, entity or government
4815-8839-7357.1

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agency unless authorized to do so by court order.
6)

The Party’s counsel who discloses Confidential Information shall be responsible

for assuring compliance with the terms of this Protective Order with respect to persons to
whom such Confidential Information is disclosed and shall obtain and retain the original
affidavits signed by qualified recipients of Confidential Information, and shall maintain a list of
all persons to whom any Confidential Information is disclosed.
7)

During the pendency of this action, opposing counsel may upon court order

or agreement of the parties inspect the list maintained by counsel pursuant to paragraph 6
above upon a showing of substantial need in order to establish the source of an
unauthorized disclosure of Confidential Information and that opposing counsel are unable
otherwise to identify the source of the disclosure. If counsel disagrees with opposing
counsel’s showing of substantial need, then counsel may seek a court order requiring
inspection under terms and conditions deemed appropriate by the Court.
8)

No copies of Confidential Information shall be made except by or on behalf

of counsel in this litigation and such copies shall be made and used solely for purposes
of this litigation.
9)

During the pendency of this litigation, counsel shall retain custody of

Confidential Information, and copies made therefrom pursuant to paragraph 8 above.
10)

If opposing counsel objects to the designation of certain information as

Confidential Information, he or she shall promptly inform the other parties’ counsel in writing
of the specific grounds of objection to the designation. All counsel shall then, in good faith
and on an informal basis, attempt to resolve such dispute. If after such good faith attempt, all
counsel are unable to resolve their dispute, opposing counsel may move for a disclosure order
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consistent with this order. Any motion for disclosure shall be filed within 14 days of receipt by
counsel of notice of opposing counsel's objection, and the information shall continue to have
Confidential Information status from the time it is produced until the ruling by the Court on the
motion.
11)

Use of Confidential Information in Court Proceedings: In the event

Confidential Information is used in any court filing or proceeding in this action, including but
not limited to its use at trial, it shall not lose its confidential status as between the parties
through such use. Confidential Information and pleadings or briefs quoting or discussing
Confidential Information will not be accepted for filing “under seal” or otherwise kept out of
the public record in this action, however, except by court order issued upon motion of the
party seeking to file the documents under seal. Any motion requesting leave to file documents
under seal shall comply with the requirements of D.C.COLO.LCivR 7.2 and demonstrate that
the Confidential Information at issue is entitled to protection under the standards articulated in
Nixon v. Warner Communications, Inc., 435 U.S. 589, 598-602 (1978)(applied in United States
v. Hickey, 767 F.2d 705, 708 (10th Cir. 1985) and Crystal Grower’s Corp. v. Dobbins, 616
F.2d 458, 461 (10th Cir. 1980)).
12)

The termination of this action shall not relieve counsel or other persons

obligated hereunder from their responsibility to maintain the confidentiality of Confidential
Information pursuant to this Protective Order, and the Court shall retain continuing jurisdiction
to enforce the terms of this Protective Order.
13)

By moving for entry of this Protective Order, Defendants adopt no position as to

the authenticity or admissibility of documents produced subject to it.
14)
4815-8839-7357.1

Upon termination of this litigation, including any appeals, each Party’s counsel,
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shall immediately return to the producing party all Confidential Information provided subject
to this Protective Order, and all extracts, abstracts, charts, summaries, notes or copies made
therefrom. At that time, counsel shall also file under seal with this Court the list of individuals
who have received Confidential Information which counsel shall have maintained pursuant to
paragraph 6 herein, and counsel shall provide the Court with verification that any of
counsel’s work product referencing Confidential Information has been destroyed.
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 with respect to the manner in which
Confidential Information shall be treated at trial.
It is so ORDERED.
Dated at Denver, Colorado, this 16th day of February, 2016.
BY THE COURT:

Kathleen M. Tafoya
United States Magistrate Judge

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APPROVED AS TO FORM and ENTRY REQUESTED by DEFENDANTS:

__________________________
Jeannine Sue Haag
LARIMER COUNTY ATTORNEY’S OFFICE
PO Box 1606
244 Canyon Avenue, #200
Fort Collins, CO 80522
Attorneys for Defendants S. Shaffer, Lt.
and Defendant Palmer, Captain

_____________________________
Bethany Gorlin
SNELL & WILMER
Tabor Center
1200 Seventeenth Street
Suite 1900
Denver, Colorado 80202
[e-mail]
Attorney for Defendant Bret Rickard,
Chaplain
_____________________________
Andrew B. Clauss
Chris W. Brophy
Nicole Marie Black
LEWIS BRISBOIS BISGAARD &
SMITH LLP
1700 Lincoln Street, Suite 4000
Denver, Colorado 80203
303.861.7760
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant S. [Shad] Jones

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EXHIBIT A
AFFIDAVIT
STATE OF COLORADO
COUNTY OF

)
)

ss.

)
, swears or affirms and states under penalty of perjury:

I have read the Protective Order in Woodstock v. Shaffer et al, Civil Action No. 1:15-CV00041-REB-KMT, a copy of which is attached to this Affidavit.
1.
I have been informed by _________________________, Esq., counsel for
___________________________________, that the materials described in the list
attached to this Affidavit are Confidential Information as defined in the Protective Order.
2.
I promise that I have not and will not divulge, or undertake to divulge to any
person or recording device any Confidential Information shown or told to me except as
authorized in the Protective Order. I will not use the Confidential Information for any
purpose other than this litigation.
3.
For the purposes of enforcing the terms of the Protective Order, I hereby
submit myself to the jurisdiction of the court in the civil action referenced above.
4.

I will abide by the terms of the Protective Order.

(Signature)
(Print or Type Name)
Address:

Telephone No.: ( )

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SUBSCRIBED AND SWORN to before me this *
.

day of

WITNESS my hand and official seal.

Notary Public
[SEAL]
My Commission Expires:

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*,

20__, by