Corona v. City of Clovis et al
Filing
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Stipulated Confidentiality Order by Chief Magistrate Judge Carmen E. Garza. (atc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JORGE RAY CORONA,
Plaintiff,
v.
CV No. 17-805 MCA/CG
CITY OF CLOVIS, et al.,
Defendants.
STIPULATED CONFIDENTIALITY ORDER
THIS MATTER is before the Court on Defendants’ Unopposed Motion for Entry
of Confidentiality Order, (Doc. 31), filed March 29, 2018. Upon the stipulation of the
parties, IT IS HEREBY ORDERED:
1.
Defendants may provide certain otherwise confidential documents to
counsel for Plaintiff, including but not limited to documents from personnel files and
Internal Affairs investigatory files, which documents shall be subject to this Order and
any further Orders of the Court regarding such documents. Unless allowed otherwise by
court order or written agreement among all counsel of record, the documents provided
pursuant to this Order shall not be disclosed, disseminated or revealed by any counsel
except to claims adjusters and named parties; provided, that counsel may provide such
documents to expert witnesses (to the extent that such documents are reasonably
necessary to the formation of an expert opinion) and named parties only upon their
express prior agreement to comply with the terms of this Order, or else be subject to a
show cause order to appear before the Court and face possible sanctions. If any party
wishes to attach any of the confidential documents to a pleading, motion, brief or other
paper to be filed in this cause, that party shall file the document under seal in
accordance with the Federal Rules of Civil Procedure and the Local Rules for the
District of New Mexico. This Order shall govern the use of the subject confidential
documents up and until the time of the trial in this case, and the parties shall address
the matter or confidential documents in the Pretrial Order and/or otherwise bring the
issue to the Court’s attention prior to trial, subject to the Court’s rulings and/or future
modifications of this Order by future orders or written stipulations by the parties. Until
that time, the parties shall maintain the confidentiality of all such documents. Nothing
herein is intended to or shall affect the issue of the admissibility into evidence of the
subject documents, nor shall the production of any documents pursuant to this Order be
deemed to be a waiver of any future argument regarding admissibility or nonadmissibility.
2.
The party producing documents pursuant to this Order shall specifically
designate which documents or categories of documents it considers to be confidential
and protected under Denver Policemen’s Protective Ass’n v. Lichtenstein, 660 F.2d 432
(10th Cir.1981) or other asserted basis for confidentiality. Plaintiff or Defendants shall
have thirty (30) days after the receipt of such documents to dispute such designation
and move the Court to exempt the documents or categories of documents from this
Stipulated Confidentiality Order, if the parties are unable to agree regarding the issue.
3.
Upon the conclusion of this litigation (including any appeal from any
judgment or order), and subject to the further Order of the Court or written stipulation of
the parties, each party shall either return to the party which produced the documents all
documents that were produced pursuant to the terms of this Stipulated Confidentiality
Order and all copies thereof within that party’s possession, custody or control, or in the
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alternative, shall certify to such party in writing that all such documents have been
destroyed; the foregoing actions shall be completed within 30 days after the entry of
final judgment or final order.
4.
This order shall continue in force until amended or superseded by express
order of the Court and shall survive any final order entered herein.
__________________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE
APPROVED:
By: Approved via e-mail 3/22/2018_
DANIEL R. LINDSEY
Attorney for Plaintiff
By:___/s/ Cody R. Rogers_________
CODY R. ROGERS
Attorney for Defendants
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