Gonzales et al v. City of Trinidad, Colorado et al

Filing 27

STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 3/4/2015. (mdave )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.

15-CV-00049-WYD-MEH

DANIKA GONZALES, and
FELICIA VALDEZ,
Plaintiffs,
v.
THE CITY OF TRINIDAD, COLORADO,
PHIL MARTIN, a Detective Sergeant of the Trinidad Police Department of the City of
Trinidad, in his individual capacity,
ARSENIO VIGIL, a Detective Sergeant of the Trinidad Police Department of the city of
Trinidad, in his individual capacity,
Defendants.
STIPULATED PROTECTIVE ORDER

Plaintiffs, Danika Gonzalez and Felicia Valdez, and Defendants, the City of
Trinidad, Phil Martin, and Arsenio Vigil, by and through their respective undersigned
counsel, have stipulated to the terms of this Order. Upon a showing of good cause in
support of the entry of a protective order to protect the discovery and dissemination of
confidential information or information that will improperly annoy, embarrass, or oppress
any Party, witness, or person providing discovery in this case, IT IS ORDERED:
RECITALS & THRESHOLD GOOD CAUSE SHOWING
1.

Plaintiffs have sued Defendants for alleged violations of their Constitutional

rights. Defendants deny all liability on Plaintiffs’ claims.

2.

Given the nature of the case, there is good cause to believe that disclosures and

discovery may involve the disclosure of confidential information. Some examples of the
type of records that a party may seek to designate as confidential are the City’s policy
regarding confidential informants and portions of City personnel records. 1. A blanket
protective order, therefore, is appropriate in this case, and a document-by-document
showing is not required. See Gillard v. Boulder Valley Sch. Dist. Re-2, 196 F.R.D. 382,
386 (D. Colo. 2000).
3.

Based on these recitals and the terms of disclosure that follow, the Parties have

agreed to this Stipulated Protective Order to facilitate the efficient production of
information that the producing Party may claim in good faith is entitled to confidential
treatment, while at the same time protecting the Parties’ interests in the confidential
treatment of that information and the full and fair disclosure of discoverable information
in this action.
DEFINITIONS AND TERMS
1.

This Protective Order shall apply to certain documents, materials, and

information not made available to the public and designated by one of the attorneys for
the Parties in the manner provided in paragraph 3 below as containing Confidential
Information.
2.

As used in this Protective Order, "document" is defined as provided in Fed. R.

Civ. P. 34(a). A draft or non-identical copy is a separate document within the meaning
of this term.

1

The parties have not yet reached an agreement as to records which are to be confidential.

3.

Information designated "Confidential" or “Subject to Protective Order” shall be

information that is deemed by a Party, after a good-faith review by legal counsel, to be
confidential in that it implicates common law and/or statutory privacy interests.
Confidential information shall not be disclosed or used for any purpose except the
preparation and trial of this case.
4.

Any Party to this action, after a good-faith review and determination that a

document or other material contains confidential information, may designate that
document or material as “Confidential” after entry of this Order by conspicuously
stamping or labeling the document or material with the word “Confidential” or “Subject to
Protective Order” or so indicating in the substance of the document, such as in
discovery responses. Documents or materials produced by either Party shall not be
treated as confidential pursuant to this Order unless they are stamped or labeled in
such a fashion except as provided in this Order. The inadvertent failure to designate
material as “Confidential” does not preclude a Party from subsequently making such a
designation in good faith and, in that case, the material is treated as confidential only
after being properly designated.
a.

Parties to this action may in good faith designate deposition

testimony as “Confidential” by advising opposing counsel of record, in writing, within 30
days after receipt of a copy of the transcript, or such other time period as may be
mutually agreed upon by the Parties, of the pages and lines of the deposition which the
Party believes in good faith are confidential. Alternatively, any Party may, on the record
at the deposition, designate deposition testimony as Confidential by advising all persons

present that the Party believes that the portion of the deposition in question falls under
the scope of this Order.
b.

In the case of mutually agreed upon joint witness interviews (should

any be agreed to), by a statement of counsel during the interview in the presence of
other counsel attending, if any, and following the interview, by a letter to such counsel, if
any, that such interview or any portion thereof is “Confidential”.
c.

In the case of any other production of discovery materials not

otherwise specifically identified above, including, but not limited to computer storage
devices, a written statement made by counsel of the designating Party to counsel for the
other Parties to this action, that such discovery material or any portion thereof is
“Confidential”.
d.

The Parties to this Order may modify the procedures set forth in

paragraphs 4(a)-(c) hereof through agreement of counsel on the record at such
deposition or, in the case of an interview, in the presence of counsel attending such
interview, without further order of the Court.
5.

Any documents or interrogatory answers that are marked as Confidential or

noted to be subject to the protective order are to be treated as such by the Party
receiving the discovery and shall be utilized by such Party only for the prosecution or
defense of this case. Except as agreed upon by the Parties, or ordered by the Court,
disclosure of such material or information contained therein is limited to:
(a)

The Parties or representatives of the City or its self-insurance pool;

(b)

Parties’ counsel, counsel’s legal and clerical assistants and staff;

(c)

Persons with prior, first-hand knowledge of the documents or the

Confidential Information contained therein;
(d)

Court personnel, including court reporters, persons operating video

recording equipment at depositions, and any special master or mediator appointed by
the Court or agreed to by the Parties;
(e)

Any independent document reproduction services or document or

video recording and retrieval services;
(g)

Deposition witnesses questioned by counsel of record for a Party in

connection with this action, but only to the extent necessary to assist such counsel in
the prosecution or defense of this action;
(h)

An author or recipient of the Confidential Discovery Material to be

disclosed, summarized, described, characterized or otherwise communicated or made
available, but only to the extent necessary to assist counsel in the prosecution or
defense of this action;
(i)

The claims counsel or representative of any insurer of any Party to

this action, provided that such disclosure is made only in connection with a claim for a
defense or indemnity arising from this action; and
(j)

Any expert witness or outside consultant retained or consulted by

the Parties.
Counsel shall advise all persons to whom discovery materials are disclosed
pursuant to this paragraph of the existence of this Order, and they shall agree to be
bound prior to sharing this Confidential Information with them.

6.

A Party may object to the designation of particular Confidential Information by

giving written notice to the Party designating the disputed information.

The written

notice shall identify the information to which the objection is made. If the Parties cannot
resolve the objection within fourteen (14) business days after the time the notice is
received, or an extended time as agreed to by the parties, 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.
7.

This Order is binding upon the Parties, their agents and employees, all counsel

for the Parties and their agents and employees, and all persons to whom disclosure of
discovery materials or testimony are limited pursuant to the terms of this Order. Nothing
in this Order shall preclude any Party from filing a motion seeking further or different
protection from the Court under the Federal Rules Of Civil Procedure, or from filing a
motion with respect to the manner in which confidential discovery material shall be
treated at trial. This stipulation shall be binding on the Parties prior to its entry as an

Order. Should the Court not enter this stipulation as an Order, it shall remain binding
upon the Parties until such time as the Court enters a different protective order
providing substantially similar protections to those contained in this stipulation.
8.

The Parties and their counsel shall exercise reasonable care not to disclose

information contained in these confidential documents by placing them in the public
record in this case. If a Party wishes to use any confidential information in any affidavit,
brief, memorandum, oral argument, or other paper filed in this Court in this case, such
paper or transcript must be submitted to the Court with a motion to seal in accordance
with D.C.COLO.LCivR 7.2. The Parties and their counsel, however, have the right to
use any such information contained in these documents, or the documents themselves,
in depositions and the trial of this case. The Parties do not waive any right to object at
trial to the admissibility of any document, which falls under the scope of this Order, or
portion thereof, or the right to file a motion in limine regarding the use of any such
documents. Additionally, nothing in this Stipulated Protective Order is intended, nor
shall it be construed, as either a waiver or an admission that any documents or
information are admissible or contain either confidential, proprietary business
information or trade secrets. This Protective Order is simply a procedural framework to
facilitate the discovery processes and/or provide protections concerning documents and
information exchanged between and among the Parties and non-parties in this case.
No part of this agreement shall be used in this action or any other action as evidence
that any Party has either waived or admitted to any claims solely by virtue of the act of
designating documents or information as confidential.

9.

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

shall continue to hold the information confidential. Further, 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.
10.

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.
11.

The Parties agree that in the event information or documentation is inadvertently

disclosed to an opposing Party, any information or documentation so disclosed shall be
immediately returned to the producing Party without any copies being made or notes
being taken regarding said information/documentation by those who have received the
inadvertent disclosure.

Further, the Parties agree that no recipient of inadvertently

disclosed information or documentation shall utilize such information/documentation or
any fruits derived therefrom for the purposes of this litigation and that the inadvertent
disclosure of information or documentation shall not constitute a waiver of any privilege
that may otherwise apply.
12.

By agreeing to the entry of this Protective Order, the attorneys for the Parties

adopt no position as to the authenticity or admissibility of documents produced subject
to it. Neither the taking of any action in accordance with the provisions of this Protective
Order, nor the failure to object thereto, shall be construed as a waiver of any claim or
defense in this action.

13.

Nothing in this Protective Order shall preclude any attorney for a 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 4th day of March, 2015.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge