Ambrosio et al v. Dougals County School District, RE-1
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. 1:16-cv-01816-DME-CBS
DIANE AMBROSIO, SUSAN ARCHIBALD AND WILLIAM GREGG,
DOUGLAS COUNTY SCHOOL DISTRICT, RE-1,
This matter comes before the Court on the parties’ Stipulated Motion for Entry of
Protective Order. The Court has reviewed that Motion. The Motion is meritorious and acceptable.
Therefore, IT IS ORDERED:
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.
As used in this Protective Order, the definition of “document” will be interpreted
in accordance with Fed.R.Civ.P. 34(a)(1). A draft or non-identical copy is a separate document
within the meaning of this term.
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law and statutory privacy interests such as: (a) financial
records of Plaintiffs; (b) financial records of other School District employees; (c) information
constituting education records or containing student personally identifiable information as defined
by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g; and (d) other
confidential information relating to the School District, its students, and its employees.
CONFIDENTIAL information shall not be disclosed or used for any purpose except the
preparation and trial of this case.
CONFIDENTIAL documents, materials, and/or information (collectively
“CONFIDENTIAL information”) shall be used solely for the purpose of this action, and shall not,
without the consent of the party producing it or further Order of the Court, be used, transferred,
disclosed or communicated in any way, except that such information may be disclosed to:
attorneys actively working on this case;
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;
the parties, including designated representatives for Defendant;
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;
the Court and its employees (“Court Personnel”);
stenographic reporters who are engaged in proceedings necessarily incident to the
conduct of this action;
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 counsel, persons employed by counsel, Court Personnel and stenographic reporters),
counsel shall provide such person with a copy of this Protective Order and obtain from such person
an executed “Written Assurance” in the form attached hereto as Exhibit A. All such written
assurances 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.
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:
Any party who inadvertently fails to identify documents or information as
CONFIDENTIAL shall, promptly upon discovery of its oversight, provide written notice of the
error and substitute appropriately-designated documents. Any party receiving such improperlydesignated documents shall promptly retrieve such documents from persons not entitled to receive
those documents and, upon receipt of the substitute documents, shall return or destroy the
Any party who inadvertently discloses documents that are privileged or otherwise
immune from discovery shall, promptly upon discovery of such inadvertent disclosure, so advise
the receiving party and request that the documents be returned. The receiving party shall return
such inadvertently produced documents, including all copies and copies the receiving party
provided to any other individual or entity, within 14 days of receiving such a written request.
Any pleadings, exhibits or filings which contain CONFIDENTIAL information, or
testimony designated as CONFIDENTIAL, shall be filed under seal with the Court in accordance
with D.C.COLO.LCivR 7.2 and the Court’s “Electronic Case Filing Procedures for the District of
Colorado.” Prior to disclosure at trial or a hearing at which CONFIDENTIAL information may
be used, the parties may seek further protections against public disclosure from the Court.
Whenever any documents or testimony which contain CONFIDENTIAL
information in the form of customer or account information or bank account information are filed
with the Court or presented at trial or a hearing, the party filing or presenting the CONFIDENTIAL
information must redact the customer name by replacing it with the customer’s initials, and must
redact the customer account number and bank account number by replacing it with the last four
digits of the account number. Such redaction must be performed even if the documents are filed
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 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. Transcript pages containing CONFIDENTIAL information must be separately
bound by the court reporter, who must affix to the top of each such page the legend
“CONFIDENTIAL,” as instructed by the party or non-party offering or sponsoring the witness or
presenting the testimony.
A party may object to the designation of particular CONFIDENTIAL information
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 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 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
Three years after 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 CONFIDENTIAL, or the parties may elect to destroy
CONFIDENTIAL documents. All documents designated as Confidential shall be maintained as
Confidential during the three year period following the conclusion of the case. The case will be
deemed concluded when all appeal rights have been exhausted, a judgment has been paid or the
parties have entered into a settlement agreement to resolve the matter.
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.
ORDERED this 28th day of November, 2016.
BY THE COURT:
s/ Craig B. Shaffer
United States Magistrate Judge
WRITTEN ASSURANCE TO BE BOUND BY PROTECTIVE ORDER
_________________________________________ declares that:
I reside at _______________________________________ in the
_____________________________, County of
______________________. My telephone number is ______________________.
I have read or been advised of the terms of the Protective Order dated
_____________________, 2015, filed in Civil Action No. 1:16-cv-01816-DME-CBS, pending in
the United States District Court for the District of Colorado. I agree to comply with and be bound
by the provisions of the Protective Order. I shall not divulge any documents, or copies of
documents, designated “CONFIDENTIAL” obtained pursuant to such Protective Order, or the
contents of such documents, to any person other than those specifically authorized by the
Protective Order. I shall not copy or use such documents except for the purposes of this action
and pursuant to the terms of the Protective Order.
I consent to the jurisdiction of the United States District Court for the District of Colorado
for the purposes of enforcement of the Protective Order.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ______________________
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