Rhines v. Standley et al

Filing 51

ORDER granting 50 Unopposed Motion for Entry of Stipulated Confidentiality Order by Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
J.R., by and through Jennifer Rhines,
her next friend and mother, et al.,
Plaintiffs,
v.

CV No. 17-0431 RB/CG

CHRIS STANDLEY, et al.,
Defendants.
STIPULATED CONFIDENTIALITY ORDER CONCERNING DOCUMENTS
PRODUCED BY DEFENDANTS
THIS MATTER is before the Court on Defendants’ Unopposed Motion for Entry
of Stipulated Confidentiality Order, (Doc. 50), filed September 18, 2017. Upon the
stipulation of all parties, IT IS HEREBY ORDERED:
1.

All Confidential Information produced or exchanged in the course of this

litigation by the Defendants that is marked “confidential” shall be used solely for the
purpose of preparation and trial of this litigation and for no other purpose whatsoever
and shall not be disclosed to any person except in accordance with the terms hereof.
Specifically, this Order is meant to cover the New Mexico Department Corrections policy
on use of force, any personnel records of the Defendants and any medical records of
the Plaintiffs.
2.

Confidential Information shall not, without the consent of the Defendants

producing it or further Order of the Court, be disseminated in any manner whatsoever to
the public or disclosed to third parties except that such information may be disclosed to:
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, at trial, or at other proceedings
in this case;
c.

The parties, including designated representatives for the entity
parties;

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.

Employees of outsider copying, document imaging and facsimile
services, provided that these individuals are aware that the
confidential and/or proprietary documents are subject to the
confidentiality order;

f.

Mediators, secretaries, paraprofessional assistants, and other
employees of such mediators who are actively engaged in assisting
the mediators in connection with this matter, provided that these
individuals are aware that the confidential documents are subject to
the confidentiality order;

g.

The Court and its employees (“Court Personnel”);

h.

Stenographic reporters who are engaged in proceedings
necessarily incident to the conduct of this action;

i.

Deponents, witnesses or potential witnesses; and

j.

Other persons solely by written agreement of the parties.

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3.

Confidential Information may be used as exhibits during the course of a

deposition, as long as it is clearly identified as such. Any such deposition exhibit or
testimony regarding such exhibit shall not be filed with the Court except in accordance
with paragraph 4 of this Order.
4.

The parties agree to limit submission of Confidential Information to those

documents necessary to decide the matters pending before the Court. The parties
agree that before any party submits any such documents to the Court, including the
submission of the Defendants confidential information in motions and pleadings,
counsel will confer with the Defendants’ counsel, and determine whether the documents
may be filed with redactions or whether they must be filed under seal.
5.

No party nor their counsel shall disseminate documents produced

pursuant to this Order to the public and such information is to be used for this lawsuit
only.
6.

Nothing in this Order shall preclude any party from opposing production of

any documents or information for any reason other than that it is Confidential
Information or from seeking further or different relief should future activities indicate
such need.
7.

This Order does not constitute any ruling on the question of whether

the above-described documents are properly discoverable and does not constitute any
ruling on any potential objection to the discoverability, relevance, or admissibility.
8.

Upon the conclusion of litigation in this matter, the Defendants agree to

request the return of material covered under this Order. This request will trigger the
other parties’ obligation to return such materials. Materials will be returned within 30

3

days of the Defendants’ request under this paragraph.
9.

The parties and their attorneys affirm that even after return of the

material covered under this Order, they will not publicly disclose or discuss the contents
of the Confidential Information to the public or third parties.

___________________________________
THE HONORABLE CARMEN E. GARZA
UNITED STATES MAGISTRATE JUDGE
AGREED:
s/Richard Rosenstock
Richard Rosenstock
1121 Paseo de Peralta
Santa Fe, NM 87501
[phone]
[e-mail]
and
Pia Gallegos
Pia Gallegos Law Firm P.C.
116 14th St. S.W.
Albuquerque, NM 87102
[phone]
[e-mail]
Attorneys for Plaintiff
ATWOOD, MALONE, TURNER & SABIN P.A.
/s/ Bryan Evans
Bryan Evans
Carla N. Williams
Barbara Evans
PO Drawer 700
Roswell, NM 88202
[phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants
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