Simon v. Goodrich et al
Filing
70
PROTECTIVE ORDER issued by Magistrate Judge Craig B. Shaffer on 11/28/2016. Text Only Entry (cbslc2)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02702-CBS
EDDIE L. SIMON, JR.,
Plaintiff,
v.
ANGIE TURNER, H.S.A., and
HEATHER PIKULA, Diabetic Nurse,
Defendants.
______________________________________________________________________________
PROTECTIVE ORDER
______________________________________________________________________________
Pursuant to the Joint Stipulated Motion for Protective Order filed by the Parties, 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.
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, medical, or
other information implicating privacy interests, proprietary interests or safety and security
concerns of either the Plaintiff, or the Defendants and their employer Corrections Corporation of
America (“CCA”), 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; however, this does not include contract employees, other persons hired
on a temporary basis, or outside agencies, organizations, or institutions;
(c)
the parties and designated representatives and/or employers of the Defendants;
(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”);
(f)
stenographic reporters who are engaged in proceedings necessarily incident to the
conduct of this action;
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(g)
to an insurance representative, if any, whose policies could apply to the
allegations of the Complaint;
(h)
witnesses in the course of deposition or trial testimony where counsel has a
reasonable and good faith belief that examination with respect to the document is necessary in
legitimate discovery or trial purposes in this case, and any person who is being prepared to
testify where counsel has a reasonable and good faith belief that such person will be a witness in
this action and that his examination with respect to the document is necessary in connection with
such testimony; and
(i)
other persons by agreement of all the parties.
5.
A subset of “Confidential” information may be designated “Confidential-
Attorneys Only.” The designation of “Confidential Attorneys Only” is limited to information
that a designation of “Confidential” is insufficient to protect and relates to information that poses
a safety or security threat to corrections employees, inmates and/or the public. Any information
so designated shall not, without 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 by 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; however, this does not include contract employees, other persons
hired on a temporary basis, or outside agencies, organizations, or institutions;
(c)
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
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(d)
Court Personnel;
(e)
stenographic reporters who are engaged in proceedings necessarily incident to the
conduct of this action;
(f)
to an insurance representative, if any, whose policies could apply to the
allegations of the Complaint;
(g)
witnesses in the course of deposition or trial testimony where counsel has a
reasonable and good faith belief that examination with respect to the document is necessary in
legitimate discovery or trial purposes in this case, and any person who is being prepared to
testify where counsel has a reasonable and good faith belief that such person will be a witness in
this action and that his examination with respect to the document is necessary in connection with
such testimony; and
(h)
other persons by agreement of all the parties.
6.
Prior to disclosing any “Confidential” or “Confidential-Attorneys Only”
information to any person listed in Paragraphs 4(d), 4(g), 4(h), 5(d), 5(g), and 5(h) listed above,
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.
7.
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
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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.
8.
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 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 or
Confidential-Attorneys Only 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 or Confidential-Attorneys
Only Material shall not, under any circumstances, be deemed a waiver, in whole or in part, of
any claims of confidentiality.
9.
Counsel to the parties are required to advise, instruct and supervise all associates,
staff and employees of counsel to keep designated Confidential and Confidential-Attorneys Only
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.
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10.
Documents are designated as Confidential or Confidential-Attorneys Only
Material by placing or affixing on them (in a manner that will not interfere with their legibility)
the following or other appropriate notice: “CONFIDENTIAL.” or “CONFIDENTIALATTORNEYS ONLY.”
11.
Whenever a deposition involves the disclosure of Confidential or Confidential-
Attorneys Only Material, the deposition or portions thereof may be designated as Confidential or
Confidential-Attorneys Only and subject to 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 or Confidential-Attorneys Only 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,” or
“CONFIDENTIAL-ATTORNEYS ONLY --- SUBJECT TO PROTECTIVE ORDER” and shall
be bound separately from the non-confidential portions of the transcript. Any deposition exhibits
designated confidential or confidential-attorneys only shall also be bound separately.
12.
A party may object to the designation of particular documents as Confidential or
Confidential-Attorneys Only Material, 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 ten (10) business days after the
time the notice is received, it shall be the obligation of the party designating the information as
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confidential or confidential-attorneys only to file a motion within thirty (30) days after the
conclusion of the ten (10) business days requesting that the Court determine whether the disputed
information should be subject to the terms of this Protective Order. If this procedure is timely
followed, the disputed information shall be treated as confidential or confidential-attorneys only
under the terms of this Protective Order until the Court rules on the motion. If the designating
party fails to timely follow such discovery dispute procedures, the disputed information shall
lose its designation as confidential or confidential-attorneys only and shall not thereafter be
treated as confidential or confidential-attorneys only in accordance with this Protective Order. In
connection with any dispute raised under this provision, the party designating the information as
confidential or confidential-attorneys only shall bear the burden of establishing that good cause
exists for the disputed information to be treated as confidential.
13.
If a party discloses information NOT designated as Confidential or Confidential-
Attorneys Only, any of the other parties may let the disclosing party know of its intention to
designate the information as Confidential or Confidential-Attorneys Only. If the party disclosing
the information objects to the proposed designation of this information as Confidential or
Confidential-Attorneys Only, the provisions of Paragraph 12 will apply for the resolution of the
dispute.
14.
If a disclosing party inadvertently discloses information that was not designated
as Confidential or Confidential-Attorneys Only but later determines that the disclosed
information should have been designated as Confidential or Confidential-Attorneys Only, the
disclosing party shall promptly notify the other (or non-disclosing) parties of the error and
furnish properly designated copies of the disclosed information.
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Upon learning of the
improperly-designated disclosure, the non-disclosing parties shall treat all copies of the disclosed
information as if they were originally designated as Confidential or Confidential-Attorneys Only.
15.
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 Confidential-Attorneys Only,
or the parties may elect to destroy confidential or confidential-attorneys only documents. Where
the parties agree to destroy confidential or confidential-attorneys only 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 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 Information.
16.
Stamped confidential or confidential attorneys-only 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 or ConfidentialAttorneys Only Material protected by this Protective Order with the Court shall make a good
faith effort to have the Confidential or Confidential-Attorneys Only information filed under
restricted access, or otherwise restricted from public access, pursuant to D.C.Colo.LCiv.R. 7.2.
The parties agree that any Confidential or Confidential-Attorneys Only information will be filed
at Level I Restricted.
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17.
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.
18.
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 or confidentialattorneys only documents or information sought.
Dated at Denver, Colorado this 28th day of November, 2016.
BY THE COURT:
s/ Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-02702-CBS
EDDIE L. SIMON, JR.,
Plaintiff,
v.
ANGIE TURNER, H.S.A., and
HEATHER PIKULA, Diabetic Nurse,
Defendants.
EXHIBIT A TO STIPULATED PROTECTIVE ORDER
I have read the Protective Order concerning the confidentiality of information in the abovecaptioned litigation. I understand that the Protective Order is a Court Order designed to preserve the
confidentiality of certain designated documents and information contained therein. I also understand
that the Protective Order restricts the use, disclosure and retention of such designated documents
and information contained therein, and it also requires the safeguarding and destruction of the
designated documents and other materials containing confidential information.
I agree to comply with all provisions of the Protective Order. I also hereby submit myself to
the jurisdiction of the Court for the purpose of enforcement of any provision of the Protective Order.
Signed this ____ day of ___________________, 20___.
_____________________________
By:__________________________
Print Name
STATE OF______________
COUNTY OF _____________
)
) ss.
)
Subscribed and sworn to before me this ______ day of ___________, 20___, by
_________________________.
WITNESS my hand and official seal.
My commission expires:___________.
_____________________________
Notary Public
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