Burkhart v. American Family Mutual Insurance Company

Filing 42

MINUTE ORDER denying without prejudice 40 Unopposed Motion for Confidentiality and Protective Order, by Magistrate Judge Michael E. Hegarty on 10/29/2015.(slibi, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 15-cv-00187-WJM-MEH MONICA BURKHART, Plaintiff, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on October 29, 2015. The Unopposed Motion for Confidentiality and Protective Order [filed October 27, 2015; docket #40] is denied without prejudice. The parties’ proposal to the Court is internally inconsistent as the fourth paragraph improperly places the burden on the objecting party to file a motion, while the seventh paragraph properly places that burden on the designating party, pursuant to Gillard v. Boulder Valley Sch. Dist., 196 F.R.D. 382, 388-89 (D. Colo. 2000). The parties are granted leave to submit a revised proposed protective order containing a mechanism by which the parties may challenge the designation of information as confidential that is consistent with Gillard and that is internally consistent. However, should the parties choose to submit a revised proposed order, the Court also requires an explanation as to why the existing Protective Order issued June 25, 2015 [see docket #31] could not be amended to accomplish the purposes the parties currently seek. In addition, should the parties choose to re-file, the parties shall submit to Chambers a copy of the proposed protective order in useable format (Word, WordPerfect) by email at hegarty_chambers@cod.uscourts.gov.

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