Molina v. Trinidad State Junior College

Filing 17

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 9/21/15. 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-01034-WYD-CBS
NANCY J. MOLINA,
Plaintiff,
v.
TRINIDAD STATE JUNIOR COLLEGE,
Defendant.
STIPULATED PROTECTIVE 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, IT IS
HEREBY ORDERED:
1.

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

information appropriately designated as Confidential as outlined in paragraphs
3 through 7 herein. This includes without limitation, documents produced,
answers to interrogatories, responses to requests for admission, deposition
testimony, and other information or documents disclosed 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

in Fed. R. Civ. P. 34(a). A draft or non-identical copy is a separate document
within the meaning of this term.
3.

Information designated "Confidential" shall be information that is

confidential, trade secret, relates to medical or financial information of an
individual party or implicates common law and/or statutory privacy interests of
non-parties. Designation of information as Confidential shall not affect its
discoverability. Confidential Information shall be used for the sole, strict and
limited purpose of the preparation and trial of this action and shall not be used
for any other purpose.
4.

Confidential documents, materials, and/or information (collectively

"Confidential Information") shall not, without the consent of the Party producing
it or further Order of the Court, be disclosed except that such information may
be disclosed to:
(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, at trial, or at other proceedings in this case;
(c)

the Parties, including designated representatives for plaintiff

and defendant;

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(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/or 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 provided all such

individuals have executed a copy of the attached Nondisclosure Agreement; and
(h)
5.

other persons by written agreement of all the Parties.

Prior to disclosing any Confidential Information to any person listed

above (other than counsel, persons employed by counsel, Court Personnel, and
stenographic reporters), counsel shall provide such person with a copy of this
Protective Order.
6.

Documents are designated as Confidential by placing or affixing on

them (in a manner that will not interfere with their legibility) the following or
other appropriate notice: "Confidential." Any document designated as
Confidential must have been reviewed by an attorney who made a good faith
determination that the document is entitled to protection.
7.

Whenever a deposition involves the disclosure of Confidential

Information, the deposition or portions thereof shall be designated as

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Confidential and shall be subject to the provisions of 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.
8.

A Party may object to the designation of information as Confidential

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 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. If such a motion is timely filed, the disputed
information shall be treated as Confidential Information 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 be thereafter treated as
Confidential in accordance with this Protective Order.

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9.

At the conclusion of this case, including completion of all possible

appellate procedures, each document and all copies thereof which have been
designated as Confidential shall be returned to the Party that designated it
Confidential, or the Parties may elect to destroy Confidential documents at the
conclusion of the time required by the rules governing attorneys for maintenance
of such documents. Where the Parties agree to destroy Confidential documents,
the destroying Party shall provide all other Parties with a written, signed
confirmation of the destruction.
10.

In the event Confidential Information is used in any court filing or

proceeding in this action, 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, 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.
11.

Nothing in this Protective Order shall be construed to prevent a

party from using Confidential Information during depositions, during a Court
hearing, or at the trial of this matter.

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Procedures for the protection of

Confidential matters at trial, if any, shall be arrived at separately by the parties
or otherwise determined by the Court in advance of trial.
12.

Notwithstanding any other provision of this Order to the contrary,

no party is precluded from sharing any Confidential Information or document(s)
with any lawfully constituted government or enforcement authority, pursuant to
a lawful subpoena or request under the Colorado Open Records Act, provided,
however, that reasonable notice shall be given to the other party prior to any
such disclosure.
13.

The inadvertent or unintentional disclosure by the supplying party

of Confidential Information, regardless of whether the material was so
designated at the time of disclosure, shall not be deemed a waiver, in whole or in
part, of a party’s claim of confidentiality, either as to the specific material
disclosed or as to any other material relating thereto or on the same or related
subject matter.
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.

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DATED at Denver, Colorado, on September 21, 2015.
BY THE COURT:

s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge

STIPULATED TO AND APPROVED AS TO FORM this 18th day of September,
2015.
APPROVED:

s/ Hugh S. Pixler
Hugh S. Pixler
Law Office of Hugh S. Pixler, L.L.C.
1942 Broadway, Ste. 314
Boulder, CO 80302
[e-mail]
ATTORNEY FOR PLAINTIFF

s/ Douglas J. Cox
Douglas J. Cox
Senior Assistant Attorney General
Office of the Attorney General
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 10th Floor
Denver, CO 80203
ATTORNEY FOR DEFENDANT

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