Cook v. Board of County Commissioners for the County of Curry et al

Filing 97

STIPULATED CONFIDENTIALITY ORDER by Chief Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
KELLY COOK, as Mother and
Next Friend of CHRISTIAN COOK,
Plaintiff,
v.

CV No. 16-597 JCH/CG

BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF CURRY, et al.,
Defendants.
STIPULATED CONFIDENTIALITY ORDER
THIS MATTER is before the Court on the parties’ Stipulated Motion for
Confidentiality Order, (Doc. 95), filed June 26, 2018. The parties have stipulated and
agreed to allow the inspection by the parties of certain records, materials, and
information which are not otherwise protected from discovery by the attorney-client
privilege or the work product doctrine. The parties state that such production will include
certain information that is private and confidential and may contain medical and mental
health information, or documents that may be or are subject to the terms of HIPAA,
various restrictions on the use of juvenile records, and other privacy laws. The parties
further state that disclosure of such information may invade the confidentiality and
privacy rights of the parties and of third persons not a party to this lawsuit. The Court
FINDS that this Confidentiality Order is needed in this action to protect such persons’
rights of privacy, to protect confidential information, and to limit disclosure and use of
such information and documents to this civil proceeding. The Court hereby enters the
following Confidentiality Order protecting the confidentiality of information which is or

may be within the knowledge of the parties and which may be subject to discovery in
this lawsuit:
IT IS THEREFORE ORDERED:
1.

This Order shall govern the use and production and disclosure of the
following which may be produced or disclosed during this litigation
(hereinafter the “Confidential Material”):
a. Christian Cook’s juvenile records, to include medical and mental
health, and educational records.
b. Curry County Detention Center records consisting of any internal
investigation records located within personnel files of involved
officers.
c. Curry County personnel files.
d. Any document containing reference to any non-party detainee.
e. Any other record that is released pursuant to a signed release by
any party to this lawsuit.
f. Any document designated as confidential by the parties.
g. Trade secrets or other confidential research, development, or
commercial information.

2.

Materials will be expressly identified as “CONFIDENTIAL” by the party
making the disclosure of such material, provided this designation is
expressly made by notation on the material itself or in a letter
accompanying the material.

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3.

Confidential Material received from any producing party shall not be used
by the receiving party for any purpose other than this lawsuit, and may be
disclosed only to parties, counsel of record, their staff, and retained
experts.

4.

Confidential Material may be disclosed to deponents during the course of
their deposition. The attorney disclosing such material must advise the
deponent on the record that, pursuant to this Order, such person may not
divulge Confidential Material to any other person. Further, with respect to
deposition testimony concerning any Confidential Material, such
deposition testimony shall be deemed confidential and no portion of the
transcript deemed confidential shall be disclosed to any person except the
deponent, the parties, their attorneys of record, and expert witnesses.
5. Confidential Information which a party wishes to bring to the Court’s
attention shall be filed with the Court under the designation “Accessible by
all case participants but not the public”.

6.

Confidential Material may be admitted as an exhibit at the trial or used for
impeachment or other purposes should the Court rule that the information
is relevant and admissible in this matter subject to the rules of evidence,
and if so admitted, shall no longer remain Confidential unless otherwise
ordered by the Court.

7.

Nothing in this Order shall preclude any party from contesting the
relevance or admissibility of any material produced pursuant to this Order.

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8.

After the completion of the proceedings in this matter and any subsequent
appeals, any and all copies of Plaintiff’s and Defendants’ Confidential
Material previously made available to the opposing parties and their
experts shall be kept confidential and or destroyed.

9.

In the event a party challenges the labeling of any document or materials
as confidential, the party asserting confidentiality has the obligation to
move the Court for a protective order concerning the confidentiality of that
document or materials.

IT IS SO ORDERED.

________________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE

SUBMITTED BY:
Matthew E. Coyte
3800 Osuna Road, N.E., Suite 2
Albuquerque, NM 87109
[phone]
[e-mail]
Attorney for Plaintiff

NEW MEXICO ASSOCIATION OF COUNTIES
By:

Brandon Huss
Mark Drebing
111 Lomas Blvd., N.W., Suite 424
Albuquerque, NM 87102
[phone]
[e-mail]
[e-mail]
Attorneys for Defendant Board of County
Commissioners for the County of Curry
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BRENNAN & SULLIVAN, P.A.
By:

James P. Sullivan
128 East DeVargas
Santa Fe, NM 87505
[phone]
[e-mail]
Attorneys for Defendants Tori Sandoval
and Sandra Martin

PARK & ASSOCIATES, LLC

By:

Geoffrey D. White
Alfred A. Park
3840 Masthead St., N.E.
Albuquerque, NM 87109
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants Correctional
Healthcare Companies, Inc., Correct
Care Solutions, LLC, and Joan Martin

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