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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
TYLER SANCHEZ

Plaintiff,

v.

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,

Defendants.

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

IS ORDERED:

1.

This Protective Order shall apply to all documents, materials, and

information,

including without

limitation, documents produced, answers

to

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.

2.

As used in this Protective Order, the term “document” is defined as

Case 1:13-cv-01945-WJM-CBS Document 18 Filed 08/07/13 USDC Colorado Page 2 of 6

provided in Fed.R.Civ.P. 34(a). A draft or non-identical copy is a separate document

within the meaning of this term.

3.

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

tax

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

this determination.

4.

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.

5.

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:

(a)

(b)

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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Case 1:13-cv-01945-WJM-CBS Document 18 Filed 08/07/13 USDC Colorado Page 3 of 6

proceedings in this civil action;

the parties;

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.

(c)

(d)

(e)

(f)

(g)

(h)

(i)

6.

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.

7.

Documents are designated as CONFIDENTIAL by placing or affixing on

them (in a manner that will not interfere with their legibility) the following notice:

“CONFIDENTIAL.”

8.

Any party that wishes to file CONFIDENTIAL information with the Court

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Case 1:13-cv-01945-WJM-CBS Document 18 Filed 08/07/13 USDC Colorado Page 4 of 6

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.

9.

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.

10.

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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Case 1:13-cv-01945-WJM-CBS Document 18 Filed 08/07/13 USDC Colorado Page 5 of 6

as CONFIDENTIAL shall bear the burden of establishing that good cause exists for the

disputed information to be treated as CONFIDENTIAL.

11.

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.

12.

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.

August

7th

BY THE COURT:

s/ Craig B. Shaffer

United States Magistrate Judge

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Case 1:13-cv-01945-WJM-CBS Document 18 Filed 08/07/13 USDC Colorado Page 6 of 6

STIPULATED BY:

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
(303) 716-0254
[email protected]
Attorneys for Plaintiff

s/Gordon L. Vaughan

Gordon L. Vaughan, Esq.
VAUGHAN & DeMURO
111 South Tejon, Suite 545
Colorado Springs, CO 80903
Telephone: 719-578-5500
[email protected]
Attorney for Defendants Hartley and Wolff

s/Kelly Dunnaway

Kelly Dunnaway, Esq.
Patrick Field, Esq.
DOUGLAS COUNTY ATTORNEY’S OFFICE
100 Third St.
Castle Rock, CO 80104
(303) 660-7414
[email protected]
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
[email protected]
Attorney for Defendant Dickson

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