Traxler v. Powell et al
Filing
38
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 5/12/15. 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. 15-cv-00334-MSK-CBS
MARK TRAXLER,
Plaintiff,
v.
SHERIFF BRETT POWELL, in his official and individual capacities;
DEPUTY SHERIFF MAX ARELLANO, in his official and individual capacities;
NURSE CASEY WILLIAM;
HEALTH CARE PARTNERS SYSTEMS, LLC,
Defendants.
STIPULATED PROTECTIVE ORDER
Each party and each counsel of record stipulate and move the Court for the entry of a
Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the
treatment of Confidential Information, and, as grounds therefor, state as follows:
1.
The nature of the claims, defenses, and damages asserted in this lawsuit involve
discovery of documents and information containing Confidential Information (as defined in
paragraph four below).
2.
The purpose of this Protective Order is to preclude disclosure of Confidential
Information to any person or entity not subject to this litigation as defined in this Protective
Order. The disclosure of such information outside the scope of this litigation could result in
significant injury to one or more of the parties’ business or privacy interests.
3.
The parties have entered into this stipulation and request the Court to enter the
within Protective Order for the purpose of preventing the disclosure and use of Confidential
Information except as set forth herein, and prohibiting the parties from using or disclosing the
Confidential Information for any purpose other than this litigation.
4.
“Confidential Information” means any document, file, portions of files, deposition
or transcribed testimony, or response to a discovery request, including any extract, abstract,
chart, summary, note, or copy made therefrom, which contains information that is confidential
and implicates common law and statutory privacy interests of the individuals who are named,
and may include, but is not necessarily limited to, personnel files, medical records and/or other
employment records that pertain to any party or third-party, which are not made available to the
public, and as to which a reasonable expectation of privacy or confidentiality exists.
5.
Information designated as confidential must first be reviewed by the attorney for
the designating party, who must have a good faith belief that the information is confidential or
otherwise entitled to protection under Fed. R. Civ. P. 26(c). Gillard v. Boulder Valley Sch. Dist.,
196 F.R.D. 382, 386 (D. Colo. 2000).
6.
When Confidential Information is produced, provided or otherwise disclosed by a
Party in response to any discovery request, it will be designated in the following manner by:
a. imprinting the word “Confidential” on the first page or cover of any document
produced;
b. imprinting the word “Confidential” next to or above any response to a discovery
request; and
c. designating deposition testimony as “Confidential” or containing “Confidential
Information” on the record at the time of the deposition, or by designating
portions of depositions as “Confidential” after transcription, provided written
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notice of the designation is given to all counsel of record within thirty (30) days
after notice by the court reporter of the completion of the transcript.
7.
All Confidential Information provided by a party in response to a discovery
request or transcribed testimony shall be subject to the following restrictions:
a. It shall be used only for the purposes of this litigation and not for any other
purpose;
b. It shall not be communicated or disclosed by any party’s counsel or a party in any
manner, either directly or indirectly, except for purposes of this litigation, to
anyone other than those specified in this subparagraph:
(i)
attorneys actively working on this case;
(ii)
persons regularly employed or associated with the attorneys actively
working on this case, whose assistance is required by said attorneys for the
purpose of this litigation;
(iii)
the parties and designated representatives of Logan County and Health
Care Partners Systems, LLC, including their insurers;
(iv)
expert witnesses and consultants retained in connection with this litigation,
to the extent such disclosure is necessary for the purposes of this litigation,
who execute the attached Exhibit A;
(v)
the Court and its employees;
(vi)
stenographic reporters who are engaged in this litigation;
(vii)
deponents and witnesses who execute the attached Exhibit A;
(viii) other persons by written agreement of the Parties.
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8.
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 retain the original affidavits signed by
qualified recipients of Confidential Information and maintain a list of all persons to whom any
Confidential Information is disclosed.
9.
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 8 above
upon showing of substantial need. If counsel disagrees with opposing counsel’s showing of
substantial need, then counsel may seek a court order requiring inspection under terms conditions
deemed appropriate by the Court. To the extent that such a challenge arises prior to the Parties’
expert disclosures, the names of the experts to whom documents were sent will not need to be
disclosed, unless the Court orders such disclosures, and then the names will be disclosed to the
Court only, in camera.
10.
No copies of Confidential Information shall be made except by or on behalf of
counsel in this litigation for work product purposes, including for review by experts in this case.
Any such copies shall be made and used solely for purposes of this litigation, and subject to all
restrictions herein.
11.
During the pendency of this litigation, counsel shall retain custody of Confidential
Information, and copies made therefrom pursuant to paragraph 10 above.
12.
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
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objection within ten (10) business 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 within fourteen (14) days of the aforementioned notice. 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 the grounds for the disputed
information to be treated as confidential.
13.
In the event it is necessary for the parties to file Confidential Information with the
Court in connection with any proceeding or motion, the Confidential Information shall be filed
in accordance with the requirements of D.C.COLO.LCiv.R 7.2. In addition, any pleadings or
briefs quoting or discussing any information designated as “Confidential” will not be accepted
for filing “under seal” or otherwise kept out of the public record in this action, except pursuant
to Court Order issued upon motion of the party seeking to file such information under seal.
14.
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 taken regarding said
information/documentation by those who have received the inadvertent disclosure. Further, no
recipient of inadvertently disclosed information or documentation shall utilize such
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information/documentation or any fruits derived therefrom for the purposes of this litigation.
The inadvertent disclosure of information or documentation shall not constitute a waiver of any
privilege that may otherwise apply.
14.
Within thirty (30) days after the conclusion of this action, including any appeals,
unless other arrangements are agreed upon, each document and copies thereof which have been
designated as Confidential shall be returned to the producing party, destroyed, or stored by
counsel in a manner subject to this Protective Order and which will preclude others, including
the parties and their agents (other than undersigned counsel), from obtaining such documents.
Moreover, copies of all deposition transcripts referring to Confidential documents shall be
sealed by counsel.
15.
The termination of this action shall not relieve counsel or any party 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, even after this action is terminated.
16.
By agreeing to the entry of this Protective Order, the parties adopt no position as
to the authenticity or admissibility of documents produced subject to it, and admissibility of the
designated Confidential Information will be reserved for and addressed at trial. 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.
17.
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
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Civil Procedure, or from filing a motion with respect to the manner in which Confidential
Information shall be treated at trial.
18.
Nothing in this Protective Order shall relieve any party of its obligation under
Fed. R. Civ. P. 26(b)(5) to prepare and provide a privilege log.
19.
This Protective Order may be modified by the Court at any time for good cause
shown following notice to all Parties and the opportunity for them to be heard.
12th
May
DATED this _________ day of _________________, 2015.
BY THE COURT:
Craig B. Shaffer
United States Magistrate Judge
APPROVED AS TO FORM:
_s/ Danielle C. Jefferis___________
David A. Lane
Danielle C. Jefferis
KILLMER, LANE & NEWMAN, LLP
1543 Champa Street, Suite 400
Denver, Colorado 80202
Phone: 303-571-1000
Fax: 303-571-1001
dlane@kln-law.com
djefferis@kln-law.com
_s/ Gillian Fahlsing_____________
Eric Ziporin
Gillian Fahlsing
Senter Goldfarb & Rice, LLC
3900 E. Mexico, Suite 700
Denver, CO 80210
Phone: 303-320-0509
eziporin@sgrllc.com
gfahlsing@sgrllc.com
Counsel for Plaintiff
Counsel for Defendant Sheriff Powell
_s/ Christopher D. Yvars_________
Christopher D. Yvars
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Patrick Q. Hustead
The Hustead Law Firm, PC
4643 S. Ulster St., Suite 1250
Denver, CO 80237
Phone: 303-721-5000
cdy@thlf.com
Counsel for Defendant Healthcare Partner Systems,
LLC
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AFFIDAVIT
STATE OF COLORADO
COUNTY OF
)
)
)
____________________________, swears or affirms and states under penalty of perjury:
1.
I have read the Protective Order in Traxler v. Powell, et al., United States District
Court for the District of Colorado, Civil Action No. 15-cv-00334-MSK-CBS, a copy of which is
attached to this Affidavit.
2.
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.
3.
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.
4.
For the purpose of enforcing the terms of the Protective Order, I hereby submit
myself to the jurisdiction of the court in the civil action referenced above.
5.
I will abide by the terms of the Protective Order.
_____________________________________
(Signature)
_____________________________________
(Print or Type Name)
Address:
_____________________________________
_____________________________________
Telephone No.: (_____) __________________
SUBSCRIBED AND SWORN to before me this ______________ day of
___________________________, 20___ by __________________________________.
WITNESS my hand and official seal.
____________________________________
Notary Public
My commission expires:________________
[SEAL]
EXHIBIT A
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