Delgado et al v. Correct Care Solutions, LLC et al

Filing 59

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 2/11/16. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:15-CV-02718-KMT
______________________________________________________________________________
ESTATE OF JENNIFER LOBATO, by and through its personal representative Paul Montoya;
PAUL MONTOYA, individually;
ANGELICA DELGADO;
A.Z., a minor, by and through his father, Paul Montoya;
J.M., a minor, by and through her father, Paul Montoya;
V.M., a minor, by and through her father, Paul Montoya;
L.F., a minor, by and through his father, Luciano Frasquez; and
A.F., a minor, by and through his father, Luciano Frasquez,
Plaintiffs,
vs.
CORRECT CARE SOLUTIONS, LLC;
CORRECTIONAL HEALTHCARE COMPANIES, INC.;
CORRECTIONAL HEALTHCARE PHYSICIANS, P.C.;
THE BOARD OF COUNTY COMMISSIONERS FOR JEFFERSON COUNTY COLORAD; a
government entity:
JEFF SHRADER, in his individual and official capacity as Jefferson county sheriff only;
DEPUTY SHERRY GRAY, in her individual capacity;
DEPUTY ASHLEY ROBBINS, in her individual capacity;
DEPUTY JOHN GARCIA, in his individual capacity;
DEPUTY ASHLEY CURTIS, in her individual capacity;
DEPUTY CARRIE SPAICH (“HATHC”), in her individual capacity;
DEPUTY LARRY WHEELER, in his individual capacity;
DEPUTY DANIEL LONGSHORE, in her individual capacity;
DEPUTY RACHEL OBERMEYER, in her individual capacity;
BRYAN F MUSCUTT, in his individual capacity;
JESSICA ROMERO, in her individual capacity;
CAROLINE RYAN, in her individual capacity;
BRIANNA WHINNERY, in her individual capacity;
ESME ZIEGELMAN, in her individual capacity;
Defendants.

STIPULATED PROTECTIVE ORDER

Pursuant to Fed. R. Civ. P. 26(c), upon a showing of good cause in support of the entry
of a protective order to protect the discovery and dissemination of confidential information or
information which will improperly annoy, embarrass, or oppress any party, witness, or person
providing discovery in this case, IT IS ORDERED:
1.

This Stipulated 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 Stipulated 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 and implicates common law and statutory privacy interests or security interests
of: (a) Plaintiffs Estate of Jennifer Lobato, Paul Montoya, Angelica Delgado, A.Z., J.M., V.M.
or L.F.; or (b) Defendants the Board of County Commissioners of the County for Jefferson
County, Colorado, Deputy Sherry Gray, Deputy Ashley Robbins, Deputy John Garcia, Deputy
Ashley Curtis, Deputy Carrie Spaich (“Hatch”), Deputy Larry Wheeler, Deputy Daniel Longshore,
Deputy Rachel Obermeyer, Bryan F Muscutt, Jessica Romero, Caroline Ryan, Brianna Whinnery,
Esme Ziegelman, including confidential, security-sensitive, proprietary, trade secret, financial,
or personal information. Any information designated by a party as CONFIDENTIAL must
first be reviewed by a lawyer who will certify that the designation as CONFIDENTIAL is
based on a good faith belief that the information “is confidential or otherwise entitled to
protection.” Gillard v. Boulder Valley Sch. Dist., 196 F.R.D. 382, 386 (D. Colo. 2000).

CONFIDENTIAL information shall not be disclosed or used for any purpose except the
preparation and trial of this case.
4.

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.

the parties’ attorneys;

b.

persons regularly employed or associated with the parties’ attorneys
that are actively working on the case whose assistance is required by
said attorneys in the preparation of the case, at trial, or at other
proceedings in this case;

c.

the parties, including designated representatives for the Plaintiffs and
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;

g.
h.
5.

deponents, witnesses, or potential witnesses; and
other persons by written agreement of the parties.
Prior to disclosing any CONFIDENTIAL information to any person listed above

(other than those listed in section a, b, c, d, e, f, and g), counsel shall provide such person with
a copy of this Stipulated Protective Order and obtain from such person a written

acknowledgment stating that he or she has read this Stipulated Protective Order and agrees to
be bound by its provisions. A copy of the written acknowledgment is attached hereto. All
such acknowledgements shall be retained by counsel and shall be subject to in camera review
by the Court if good cause for review is demonstrated by opposing counsel.
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—SUBJECT TO PROTECTIVE ORDER.”
7.

Whenever a deposition involves the disclosure of CONFIDENTIAL

information, the deposition or portions thereof shall be designated as CONFIDENTIAL and
shall be subject to the provisions of this Stipulated 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 is
promptly given to all counsel of record within thirty (30) days after notice by the court reporter
of the completion of the transcript.
Whenever it is necessary to attach or otherwise include CONFIDENTIAL information to
motions or other documents filed with the court, it shall be filed as restricted Level 1 in
accordance with the requirements of D.C.COLO.LCiv.R7.2. The party designating the
document as confidential shall have the burden of moving the court to maintain restriction of the
document.
8.

If a document marked as CONFIDENTIAL contains personal information that

is not material to the claims and defenses at issue in the case, the filing party shall redact the
information rather than restrict public access.

9.

Whenever a party inadvertently fails to designate any information as

CONFIDENTIAL, that party may correct such failure by giving written notice to the other
party(ies). Upon such written notification, the corrected materials shall only be deemed
CONFIDENTIAL prospectively. Substitute copies of the corrected information shall be
appropriately marked and given to the other party(ies) as soon as they become available.
Within ten (10) days of receipt of the substitute copies, the party(ies) receiving the
CONFIDENTIAL information shall return the previously unmarked information or destroy it.
10.

A party may object to the designation of particular CONFIDENTIAL

information by giving written notice to the party that designated the disputed information. The
parties agree to endeavor to make their objections within a reasonable time after the
designation, but nothing herein shall be construed as limiting the ability of a party to object to
the designation at any time. 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 within 15 business days an appropriate motion
requesting that the Court determine whether the disputed information should be subject to the
terms of this Stipulated Protective Order. If such a motion is timely filed, the disputed
information shall be treated as CONFIDENTIAL under the terms of this Stipulated 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 Stipulated Protective Order. In connection with a motion 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.
11.

At the conclusion of this case, unless other arrangements are agreed upon, each

document and all copies thereof which have been designated as CONFIDENTIAL shall be
returned to the party that designated it 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.
12.

The parties agree and stipulate that every person who obtains CONFIDENTIAL

information is prohibited from using or disclosing said information for any purpose
whatsoever, except as necessary to assist in the conduct of this litigation.
13.

Nothing in this Stipulated Protective Order shall require the disclosure of

information that is otherwise not subject to discovery, is privileged, or constitutes attorney
work product. Nothing in this Stipulated Protective Order shall prejudice any objections that
a party might have regarding the production of information. Nothing in this Stipulated
Protective Order shall be construed as an agreement that any CONFIDENTIAL information
shall be excluded from evidence.
14.

Neither a party’s designation of information as CONFIDENTIAL under this

Stipulated Protective Order, nor a party’s failure to make or object to such designation, shall
be admissible in evidence as a party admission or otherwise to prove any fact relevant to any
claim or defense.
15.

The restrictions on use of CONFIDENTIAL information set forth in this

Stipulated Protective Order shall survive the conclusion of this litigation.

16.

This Stipulated 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: February 11, 2016.

By the Court:

Kathleen M. Tafoya
United States Magistrate Judge