Macieyovski v. City and County of Devner, Department of General Services
Filing
40
PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 3/8/16. (bsimm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01550-MSK-NYW
VINCENT MACIEYOVSKI,
Plaintiff,
v.
THE CITY AND COUNTY OF DENVER, Department of General Services,
Defendant.
PROTECTIVE ORDER
Pursuant to the Joint Stipulated Motion for Protective Order filed by the parties, 1
the Court hereby Orders as follows:
1.
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.
2.
As used in this Protective Order, “document” is defined as provided by Fed.
R. Civ. P. 34(a). A draft or non-identical copy is a separate document within the meaning
of this term.
1
Defendant filed the Motion as “joint,” but during the Status Conference held by the court
on March 7, 2016, Plaintiff Macieyovski indicated that he opposed the Protective Order
based on his perception that it was not needed. Mr. Macieyovski filed a Motion to Dismiss
to that effect. [#34].
2
3.
One who provides, serves, discloses or files any nonpublic documents or
information in connection with this civil action, and who in good faith believes such
documents or information are protected by a statutory, regulatory, or common law right
of privacy or protection, or otherwise contain nonpublic personal, personnel, employment,
private, law enforcement or corrections operations information, or other information
implicating privacy interests, proprietary interests or safety and security concerns of either
the Plaintiff, or any of the Defendants may designate such documents or information as
“Confidential.” The documents or information so designated shall be deemed
“Confidential Material” subject to this Protective Order.
4.
Confidential Material shall be subject to the following restrictions.
Confidential Material shall be used only for the limited purpose of preparing for and
conducting this civil action (including any appeals), and not for any other purpose
whatsoever, and shall not, without the consent of the party producing it or further Order
of the Court, be disclosed in any way to anyone except those specified in this paragraph:
(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, or at other proceedings in this case;
(c)
the parties and designated representatives of the Defendant City and
County of Denver;
(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 its employees (“Court Personnel”);
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(f)
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;
(g)
deponents, witnesses, or potential witnesses who execute the attached
Exhibit A;
(h)
and other persons by written agreement of the parties who execute the
attached Exhibit A.
5.
Prior to disclosing any “Confidential” information to any person listed in
Paragraph 4 (other than counsel, Court Personnel, and stenographic reporters), counsel
shall provide such person with a copy of this Protective Order and have such person sign
an acknowledgement that he or she has read this Protective Order and agrees to be
bound by its provisions, as set forth in the form attached hereto as Exhibit A.
6.
This Protective Order shall not prohibit or restrain any party from performing
the tasks necessary to prepare for trial; however, any re-disclosure or communication of
the information covered by this Protective Order, except as specifically allowed by this
Protective Order for the purposes of this litigation only, is strictly prohibited. The object
of this Protective Order is that none of the information revealed in connection with such
protections be used for any purpose other than in relation to this litigation and that no one
be allowed to use any information produced pursuant to this order in connection with any
other issue, dispute, litigation or charge against any of the parties whether currently
pending or contemplated in the future.
7.
No reproduction of information disclosed in reliance on this Protective Order
is authorized, except to the extent copies are required to prepare the case for trial. All
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copies, excerpts, or summaries made, shown, or given to those authorized hereby and
according to the provisions hereof shall be stamped to indicate the protected and
confidential nature of the disclosed information. Review of Confidential Material by
counsel, experts or consultants for the litigation will not constitute any waiver of the
confidentiality of the document or of any objections to production. Additionally, by
designating information as Confidential and producing that information pursuant to this
Protective Order’s terms, no party waives any objections or statutory exemptions that may
otherwise be asserted. The inadvertent, unintentional or in camera disclosure of
Confidential Material shall not, under any circumstances, be deemed a waiver, in whole
or in part, of any claims of confidentiality.
8.
Counsel to the parties are required to advise, instruct and supervise all
associates, staff and employees of counsel to keep designated Confidential Material
confidential in the strictest possible fashion. Counsel and the Parties also agree to such
treatment of the information by themselves, and counsel will appropriately instruct their
clients as to the protected nature of the information produced pursuant to this order and
the limitations on its use and disclosure.
9.
Documents are designated as Confidential Material by placing or affixing on
them (in a manner that will not interfere with their legibility) the following or other
appropriate notice: “CONFIDENTIAL.”
10.
Whenever a deposition involves the disclosure of Confidential Material, the
deposition or portions thereof may be designated as Confidential and subject to this
Protective Order. Such designation shall be made on the record during the deposition
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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. The cover page, those portions of the original transcripts that contain
confidential
or
confidential-attorneys
only
material
shall
bear
the
legend
“CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER,” and shall be bound in a
fashion to differentiate them from the non-confidential portions of the transcript. Any
deposition exhibits designated Confidential shall also be bound in a fashion to
differentiate them from non-confidential deposition exhibits.
11.
A party may object to the designation of particular documents as
Confidential and to the scope of restrictions, by giving written notice to the party
designating the disputed information. The written notice shall identify the information to
which objection is made and the limitations in scope to which objection is made where
relevant. If the parties cannot resolve the objection within fourteen (14) 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 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 any motion
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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.
12.
If a party discloses information NOT designated as Confidential, the other
party may let the disclosing party know of its intention to designate the information as
Confidential. If the party disclosing the information objects to the proposed designation
of this information as Confidential, the provisions of Paragraph 11 will apply for the
resolution of the dispute.
13.
If a disclosing party inadvertently discloses information that was not
designated as Confidential but later determines that the disclosed information should
have been designated as Confidential, the disclosing party shall promptly notify the other
(or non-disclosing) parties of the error and furnish properly designated copies of the
disclosed information. Upon learning of the improperly-designated disclosure, the nondisclosing parties shall treat all copies of the disclosed information as if they were
originally designated as Confidential.
14.
At the conclusion of this case, including any appeals, unless other
arrangements are agreed upon, each document and all copies thereof designated as
Confidential shall be returned to the party that designated the material as Confidential, or
the parties may elect to destroy Confidential documents. Where the parties agree to
destroy confidential documents, the destroying party shall provide all parties with an
affidavit confirming the destruction. However, this does not require parties including any
entity who employs one of the parties to destroy any documents that would normally be
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maintained in their records, as part of a case file or required to be kept by law. In addition,
all counsel is entitled to retain an archival copy of their case file, under terms subject to
this Protective Order, even if such materials contain Confidential Material.
15.
Stamped confidential documents shall not be filed with the clerk except
when required in connection with motions under Federal Rules of Civil Procedure 12 or
56, motions to determine confidentiality under the terms of this Protective Order, Motions
in Limine, and motions related to discovery disputes if the confidential documents are
relevant to the motion. A party contemplating filing Confidential Material protected by this
Protective Order with the Court shall make a good faith effort to have the Confidential
Material filed under seal, or otherwise restricted from public access, pursuant to
D.C.Colo.LCiv.R. 7.2. Nothing in this Order may be construed as an Order restricting
access to any document and/or information.
16.
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.
17.
Nothing in this Protective Order shall prevent any party or other person from
seeking modification of this order or from objecting to discovery that the party or other
person believes to be improper. Nothing in this Protective Order shall prejudice the right
of any party to contest the alleged relevancy, admissibility, or discoverability of
confidential documents or information sought.
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Dated this 8th day of March, 2016.
BY THE COURT:
s/ Nina Y. Wang
Nina Y. Wang
United States Magistrate Judge
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-01550-MSK-NYW
VINCENT MACIEYOVSKI,
Plaintiff,
v.
THE CITY AND COUNTY OF DENVER, Department of General Services,
Defendant.
EXHIBIT A -- TO PROTECTIVE ORDER – CONFIDENTIALITY AGREEMENT
I,
, the undersigned, being duly sworn, hereby
acknowledges that I have read the Protective Order issued by the Court in the above
captioned civil action and I understand the terms and conditions of such Protective Order
governing the restricted use of information and materials obtained from the Parties and
provided to me for the sole purposes of the above captioned action, and hereby agree to
keep all such information and materials strictly and absolutely confidential, and in all other
respects to be bound by the terms of the Protective Order.
My current address and telephone number is:
s/
Signature
1
.
STATE of
COUNTY of
)
) ss:
)
The foregoing Confidentiality Agreement was sworn and acknowledged to before
me by
on this
day of
,
201
.
Witness my hand and official seal.
[S E A L]
Notary Public
My commission expires:
1
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