Ramirez v. Martinez et al

Filing 68

STIPULATED CONFIDENTIALITY ORDER by Magistrate Judge Stephan M. Vidmar (nlb)

Case 2:20-cv-00824-MV-SMV Document 68 Filed 11/18/21 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
VERONICA RAMIREZ,
Plaintiff,
v.
No. 2:20-cv-00824-MV-SMV
Officer JOSEPH J. MARTINEZ,
Warden EBETH CRUZ-MARTINEZ,
Warden MARIANNA VIGIL, and
CAPTAIN ROBERT GONZALES,
In their individual capacities,
Defendants.
STIPULATED CONFIDENTIALITY ORDER
Upon the stipulation of all parties, IT IS HEREBY ORDERED:
1.
All Confidential Information produced or exchanged in the course of this litigation
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.
2.
The designation of Confidential Information shall be made by placing or affixing
on the material in a manner which will not interfere with its legibility the word “Confidential.”
The designation shall be made prior to, or contemporaneously with, production or disclosure of
that material. All such copies shall be afforded the full protection of this agreement.
3.
Confidential Information shall not, without the consent of the party producing 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.
b.
c.
d.
e.

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 the entity parties;
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”);

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f.
g.
h.

Stenographic reporters who are engaged in proceedings necessarily incident
to the conduct of this action;
Deponents, witnesses or potential witnesses; and
Other persons solely by written agreement of the parties.

4.
Whenever a deposition involves the disclosure or attachment by way of exhibit of
Confidential Information, the deposition or portions thereof shall be designated as “Confidential”
and shall be subject to the provisions of this Confidentiality Order. Such designation shall be made
on the record during the deposition whenever possible, but a party may designate portions of the
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.
5.
With respect to Confidential personnel files of employment files that may be
produced in this litigation, in addition to marking the personnel files confidential, a party
producing personnel files may also redact from the employment files without privileged logs the
following information:
a.
b.
c.
d.
e.

Social Security numbers;
Names of employees’ children, spouses, or other dependents;
Patient identifying information of patients other than Plaintiff;
Employee personal health information;
Employee personal financial and banking information and state or federal tax
forms, except pay rates while working at Defendants’ facilities.

6.
All references to Confidential Information made in motions, pleadings or other
documents shall not disclose the substance of the Confidential Information. Instead, the
Confidential Information referenced in the motion, pleading, etc., shall be filed under seal as
permitted by the Court or presented to the Court in camera.
7.
The inadvertent, unintentional, or in camera disclosure of a confidential document
and information shall not generally be deemed a waiver, in whole or in part, of any party’s claims
of confidentiality. All parties are under a duty to promptly return any documents inadvertently
produced. Return of such documents does not waive a party’s right to seek the Court’s
determination as to whether any privilege or work product protection applies. No party shall retain
any copies of documents to which this provision applies and it does not waive any party’s right to
seek the Court’s determination as to whether the production was in fact inadvertent. Further,
inadvertent production of documents in this case shall not serve as a basis to disqualify any counsel
in this case.
8.
Review of the confidential documents and information by counsel, experts or
consultants for the litigants in the litigation shall not waive the confidentiality of the documents or
objections to production.
9.

Nothing in this Order shall be deemed a waiver of the Parties’ rights:

Case 2:20-cv-00824-MV-SMV Document 68 Filed 11/18/21 Page 3 of 4

(a) to oppose discovery on grounds other than such discovery constitutes, contains
and/or seeks Confidential Information; or
(b) to object on any ground to the admission in evidence, at the trial of the Lawsuit,
of any Confidential Information.
10.
A Party shall not be obligated to challenge the propriety of a designation of
information as confidential at the time such designation is made, and a failure to do so shall not
preclude a subsequent challenge to the designation. In the event that a party to the litigation
disagrees with the designation of information as confidential, the parties shall first try to resolve
the dispute in good faith. If the dispute cannot be resolved, the objecting party shall notify the
designating party in writing of its objection to the confidential information. The designating party
shall then have 15 days to move the court for an order preserving the designated status of the
disputed information. The disputed information shall retain its designation until and unless the
Court orders otherwise. Failure to move for an order shall constitute a termination of the status of
such item as Confidential.
11.
Nothing in this Order shall prevent any Party from using Confidential Information
in connection with any trial, hearing or other public proceeding in the Lawsuit or from seeking
further protection with respect to the use of any Confidential Information in connection with any
trial, hearing or other public proceeding in this matter.
12.
Following the final disposition of this matter, the persons to whom the Confidential
Information was produced shall return all copies, including CD’s or other electronic storage
devices which were provided by the producing party, of the Confidential Information to counsel
for the producing party and shall certify that all Confidential Information was returned, including
all copies made by that party/person. The persons to whom the Confidential Information was
produced shall also permanently delete any and all copies of the Confidential Information which
may have been saved to a computer or other electronic storage system, and shall certify that all
Confidential Information was permanently removed from all electronic storage systems.

_____________________________________
HONORABLE STEPHAN M. VIDMAR
UNITED STATES MAGISTRATE JUDGE

Case 2:20-cv-00824-MV-SMV Document 68 Filed 11/18/21 Page 4 of 4

Submitted by:
By:
/s/ Mariposa Padilla Sivage
Mariposa Padilla Sivage
Noe Astorga-Corral
Sutin, Thayer & Browne
P.O. Box 1945
Albuquerque, NM 87103
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant Warden Ebeth Cruz-Martinez
Approved as to form:
By: Approved via email 11/10/2021
Erlinda O. Johnson
Law Office of Erlinda Ocampo Johnson
620 Roma Avenue NW
Albuquerque, NM 87102
505-792-4048
[e-mail]

By: Approved via email 11/12/2021
Bryan Evans
Atwood, Malone, Turner & Sabin, P.A.
P.O. Drawer 700 400 N. Pennsylvania Ave
Suite 1100 Roswell NM 88201
(575) 622- 6221
[e-mail]
Attorney for Captain Robert Gonzales

-andJustine Fox Young, PC
201 12th Street NW
Albuquerque, NM 87102
505-796-8268
[e-mail]
Attorneys for Plaintiff

By: Approved telephonically 11/12/2021
CaraLyn Banks
Kemp Smith LLP
3800 E. Lohman, Suite C
Las Cruces, NM 88011
[phone]
[e-mail]
Attorney for Joseph J. Martinez
6129265

By: Approved via email 11/12/2021
Michelle Lalley Blake
Meena H. Allen
Allen Law Firm LLC
6121 Indian School Rd. NE, Suite 230
Albuquerque, NM 87110
[phone]
[e-mail]
[e-mail]
Attorneys for Defendant Marianna Vigil