Hasler v. City of Lone Tree

Filing 24

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 4/8/16. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-01353-KMT
STEPHEN HASLER,
Plaintiff,
v.
CITY OF LONE TREE,
Defendant.

STIPULATED PROTECTIVE ORDER

The Court enters the following Protective Order pursuant to FED. R. CIV. P. 26(c).
1.
In this action, certain Confidential Information has been or will be disclosed or
sought during the course of discovery, including information or records concerning third-party
employees of Defendant City of Lone Tree. In addition, there has been or may be questioning
concerning such Confidential Information in the course of depositions and/or during trial. The
Parties agree that the disclosure of such information outside the scope of this litigation could
result in significant injury to one or more of the Parties’ or a third party’s business or privacy
interests. The Parties have therefore entered into this Stipulation and have requested that the
Court enter this Protective Order for the purpose of preventing the disclosure and use of this
Confidential Information except as set forth herein.
2.
This Protective Order shall apply to all documents, materials, and information,
including without limitation, documents produced, answers to interrogatories, responses to
requests for admission, deposition testimony, and other information disclosed pursuant to the
disclosure or discovery duties created by the Federal Rules of Civil Procedure.
3.
As used herein, the term “document” means a writing, as defined in F.R.E. 1001
and includes the original or a copy of handwriting, typewriting, printing, photostating,
photographing, and every other means of recording upon any tangible thing and form of
communicating or representation, including letters, words, pictures, sounds, or symbols, or
combinations of them.

4.
“Confidential Information” means any document, record, file, portions of files,
transcribed testimony, or response to a discovery request, including any extract, abstract, chart,
summary, note, or copy made therefrom that is not made available to the public and is designated
by one of the Parties in the manner provided in Paragraph 5 below as containing information that
is personal, proprietary or otherwise confidential and appropriate for protection under Federal
Rule of Civil Procedure 26(c).
5.
When Confidential Information is produced, provided or otherwise disclosed by a
Party, it will be designated as such in the following manner:
a. By placing or affixing on the word “Confidential” on each page containing
any Confidential Information (in a manner that will not interfere with the
document’s legibility);
b. By imprinting the word “Confidential” next to or above any response to a
written discovery request; and
c. With respect to transcribed testimony, by giving written notice to opposing
counsel designating such portions containing Confidential Information as
“Confidential” no later than 21 calendar days after receipt of the transcribed
testimony or the entry of this order, whichever is later.
6.
Confidential Information as identified in Paragraph 4 and 5 above 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; and
b. It shall not be communicated or disclosed by any Party, their attorney or any
expert in any manner, either directly or indirectly, to anyone except for
purposes of this case, as described in Paragraph 7 below.
7.

Access to Confidential Information is restricted to the following persons:
a. The Parties and their counsel of record in this litigation;
b. Paralegals, assistants, secretaries, and other persons regularly employed in the
offices of the undersigned counsel;
c. Expert witnesses and consultants who are directly employed or retained in
connection with this action, but only to the extent that such disclosure is
necessary to enable them to perform the services for which they are retained.
All such expert witnesses and consultants to whom such disclosure is made
shall be provided with a copy of this Protective Order and expressly advised

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of its requirement that Confidential Information is not to be disclosed by them
to anyone else or to be used for any purpose other than trial preparation, trial
or appeal of this action;
d. Any person whose testimony is taken in deposition or at trial, or any potential
witness. All such persons may only be shown the marked copies of
Confidential Information and may not retain any Confidential Information,
unless such person is otherwise identified in this Paragraph 7;
e. Certified court reporters recording depositions in this action;
f. Any mediators and their staff who are retained by the Parties as part of this
case; and
g. The Court, its staff, and jurors during trial.
8.
Individuals authorized to review Confidential Information pursuant to this
Protective Order shall hold the Confidential Information in confidence and shall not divulge the
Confidential Information, either verbally or in writing, to any other person, or entity or
government agency unless authorized to do so by Court Order.
9.
The Party’s counsel who discloses the 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.
10.
During the pendency of this action, opposing counsel may request information
and a Court Order to establish the source of an unauthorized disclosure of the Confidential
Information.
11.
No copies of the 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. During the pendency of this litigation, counsel shall retain custody of the Confidential
Information.
12.
If any Party objects to the designation of any document or information as
Confidential Information by another Party, that Party shall inform opposing counsel in writing of
the specific grounds of objection to the designation within 21 days of notification of 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, the
objecting Party may move for a disclosure order consistent with this Protective Order. Any
motion for disclosure shall be filed within 21 days after a Party first provides notice to opposing
counsel of its objection. The subject document or information shall continue to have Confidential
Information status from the time it is produced until the ruling by the Court on the motion.

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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
as a restricted document with a Level 1 restriction (limiting access to the Parties and the Court)
in compliance with the requirements of D.C.COLO.LCIVR 7.2, including the filing of a Motion to
Restrict Public Access. The Parties further agree that any such motion seeking to restrict public
access to documents or information designated as “Confidential” pursuant to this Protective
Order may be filed as unopposed.
14.
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.
15.
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.
16.
Nothing in this Protective Order shall preclude any Party from filing a motion
seeking further or different protection from the Court under FED. R. CIV. P. 26 or from filing a
motion with respect to the manner in which the Confidential Information shall be treated at trial.
17.
Nothing contained in this Protective Order shall preclude any Party from using its
own Confidential Information in any manner it sees fit, without prior consent of any other Party
or the Court.
18.
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.
Dated this 8th day of April, 2016.

BY THE COURT:

Kathleen M. Tafoya
United States Magistrate Judge

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