Case 1:13-cv-01945-WJM-CBS Document 18 Filed 08/07/13 USDC Colorado Page 1 of 6
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01945-WJM-CBS
DETECTIVE JOE RYAN HARTLEY,
DETECTIVE RYAN WOLFF,
DETECTIVE MIKE DUFFY,
DETECTIVE HEATHER MYKES, and
INVESTIGATOR MICHAEL DICKSON, in their individual capacities,
BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, and
DOUGLAS COUNTY SHERIFF’S OFFICE,
STIPULATED PROTECTIVE ORDER
Under Rules 26(c) and 26(c)(7), Fed. R. Civ. P., upon a showing of good cause
in support of the entry of a protective order to protect the discovery and dissemination of
confidential and proprietary information or information which will improperly annoy,
embarrass, or oppress any party, witness, or person providing discovery in this case, IT
This Protective Order shall apply to all documents, materials, and
limitation, documents produced, answers
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 term “document” is defined as
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provided in Fed.R.Civ.P. 34(a). 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, including but not limited to personnel information regarding employees of a
party to this litigation,
the Plaintiff’s or any individual Defendant’s health or
information, any third party’s health or tax information, the identity of the minor victim of
the sexual assault for which Plaintiff was arrested, and/or other information which is
entitled to protection under Fed.R.Civ.P. 26(c).
As a condition of designating
information as CONFIDENTIAL, the information must be reviewed by a lawyer who
must make a good faith determination that the information is entitled to protection, and
designating the information as CONFIDENTIAL represents the attorney’s certification of
CONFIDENTIAL information shall not be disclosed or used for any
purpose except the preparation and trial of this case. The duty to keep CONFIDENTIAL
information confidential survives the completion of this case.
CONFIDENTIAL documents, materials, and/or information (collectively
“CONFIDENTIAL information”) shall not, without the consent of the party producing it or
further Order of the Court, be disclosed except that such information may be disclosed
subject to Paragraph 11 of this Order to:
attorneys actively working on this civil action;
persons regularly employed or associated with the attorneys
actively working on this civil action whose assistance is required by
said attorneys in the preparation for trial, at trial, or at other
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proceedings in this civil action;
expert witnesses and consultants retained in connection with this
civil action, to the extent such disclosure is necessary for
preparation, trial or other proceedings in this civil action;
the Court and its employees (“Court Personnel”);
stenographic reporters who are engaged in proceedings
necessarily incident to the conduct of this civil action;
deponents, witnesses, or potential witnesses;
jurors and copying services; and
other persons by written agreement of the parties.
Prior to disclosing any CONFIDENTIAL information persons listed in
subparagraphs 5(d) or 5(g), counsel shall provide such person with a copy of this
Protective Order and obtain from such person a written acknowledgment stating that he
or she has read this Protective Order and agrees to be bound by its provisions. All such
acknowledgments 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. Other
exceptions to the requirement of written acknowledgment may be made by written
agreement of the parties.
Documents are designated as CONFIDENTIAL by placing or affixing on
them (in a manner that will not interfere with their legibility) the following notice:
Any party that wishes to file CONFIDENTIAL information with the Court
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must move the Court to file such information under seal pursuant to D.C.COLO.LCivR
7.2 unless the party making the CONFIDENTIAL notation agrees in writing that the
information may be filed without seal.
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.
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
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as CONFIDENTIAL shall bear the burden of establishing that good cause exists for the
disputed information to be treated as CONFIDENTIAL.
Following the conclusion of the case, the parties may return or destroy the
CONFIDENTIAL information or may retain the CONFIDENTIAL information subject to
the terms of this Protective Order.
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.
DATED this _____ day of _____________________, 2013.
BY THE COURT:
s/ Craig B. Shaffer
United States Magistrate Judge
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s/Sarah J. Parady
John A. Culver, Esq.
Sarah J. Parady, Esq.
Seth J. Benezra, Esq.
BENEZRA & CULVER, P.C.
274 Union Blvd., #220
Lakewood, CO 80228-1835
Attorneys for Plaintiff
s/Gordon L. Vaughan
Gordon L. Vaughan, Esq.
VAUGHAN & DeMURO
111 South Tejon, Suite 545
Colorado Springs, CO 80903
Attorney for Defendants Hartley and Wolff
Kelly Dunnaway, Esq.
Patrick Field, Esq.
DOUGLAS COUNTY ATTORNEY’S OFFICE
100 Third St.
Castle Rock, CO 80104
Attorney for Defendants Duffy, Mykes,
Board of County Commissioners, and Sheriff’s Office
s/Andrew D. Ringel
Andrew D. Ringel, Esq.
HALL & EVANS, L.L.C.
1125 17th Street, Suite 600
Denver, CO 80202-2052
303-628-3453; Fax: 303-293-3238
Attorney for Defendant Dickson