Carbajal v. Watada

OCR transcription for search; preserved printed pages are authoritative

Case No. 1:12-cv-03231-PAB-KLM Document 236 _ filed 10/22/14 USDC Colorado
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-03231-REB-KLM
DEAN CARBAVJAL,

Plaintiff,
Vv.

Andrew Keefer, in his individual capacity,

Defendant.

STIPULATED PROTECTIVE ORDER

Each party and each counsel of record stipulate and move the Court for the entry
of a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure
concerning the treatment of Confidential Information, and, as grounds therefore, state
as follows: |

1. The nature of the claims, defenses, and damages asserted in this lawsuit
involve discovery of documents and information containing Confidential Information (as
defined in paragraph four below). |

2. The purpose of this Protective Order is to preclude disclosure of
Confidential Information to any person or entity not subject to this litigation as defined in
this Protective Order. The disclosure of such information outside the scope of this
litigation could result in significant injury to one or more of the parties’ business or

privacy interests.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case No. 1:12-cv-03231-PAB-KLM Document 236 _ filed 10/22/14 USDC Colorado
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3. The parties have entered into this stipulation and request the Court to
enter the within Protective Order for the purpose of preventing the disclosure and use of
Confidential Information except as set forth herein, and prohibiting the parties from
using or disclosing the Confidential Information for any purpose other than this litigation.

4. “Confidential Information” means any document, file, portions of files,
deposition or transcribed testimony, or response to a discovery request, including any
extract, abstract, chart, summary, note, or copy made therefrom, which contains

information that is confidential and implicates common law and statutory privacy
interests of the individuals who are named, and may include, but is not necessarily
limited to, internal affairs investigation files, personnel files, medical records and/or
other employment records that pertain to any party or third-party, which are not made
available to the public, and as to which a reasonable expectation of privacy or
confidentiality exists.

5. Information designated as confidential must first be reviewed by the
attorney for the designating party, who must have a good faith belief that the information
is confidential or otherwise entitled to protection under Fed. R. Civ. P. 26(c). Gillard v.
Boulder Valley Sch. Dist, 196 F.R.D. 382, 386 (D. Colo. 2000).

6. When Confidential Information is produced, provided or otherwise
disclosed by a Party in response to any discovery request, it will be designated in the
following manner by:

a. imprinting the word “Confidential” on the first page or cover of any

document produced;

Case No. 1:12-cv-03231-PAB-KLM Document 236 _ filed 10/22/14 USDC Colorado
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b. imprinting the word “Confidential” next to or above any response to a

discovery request; and
-¢. designating deposition testimony as “Confidential” or containing
“Confidential Information” on the record at the time of the deposition, or by
designating portions of depositions as “Confidential” after transcription,
provided written notice of the designation is given to all counsel of record
within thirty (30) days after notice by the court reporter of the completion of
the transcript.
7. All Confidential Information provided by a party in response to a discovery
request or transcribed testimony shall be subject to the following restrictions:

a. It shall be used only for the purposes of this litigation and not for any other
purpose;

b. It shall not be communicated or disclosed by any party's counsel or a
party in any manner, either directly or indirectly, except for purposes of
this litigation, to anyone other than those specified in this subparagraph:
(i) attorneys actively working on this case;

(ii) persons regularly employed or associated with the attorneys
actively working on this case, whose assistance is required by said
attorneys for the purpose of this litigation;

(iii) | the parties and designated representatives of the City and County

of Denver, Colorado;

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(iv) expert witnesses and consultants retained in connection with this
litigation, to the extent such disclosure is necessary for the purposes
of this litigation, who execute the attached Exhibit A;

(v) the Court and its employees;

(vi) | stenographic reporters who are engaged in this litigation;

(vii) | deponents and witnesses who execute the attached Exhibit A;

8. The party's counsel who discloses Confidential Information shall be
responsible for assuring compliance with the terms of this Protective Order with respect
to persons to whom such Confidential Information is disclosed and shall retain the
original affidavits signed by qualified recipients of Confidential Information and maintain

alist of all persons to whom any Confidential Information is disclosed.

9. During the pendency of this action, opposing counsel may upon court
order or agreement of the parties inspect the list maintained by counsel pursuant to
paragraph 8 above upon showing of substantial need. .

10. Nocopies of Confidential Information shall be made except by or on
behalf of counsel in this litigation for work product purposes, including for review by
experts in this case. Any such copies shall be made and used solely for purposes of
this litigation, and subject to all restrictions herein.

11. During the pendency of this litigation, counsel shall retain custody of
Confidential Information, and copies made there from pursuant to paragraph 10 above.

12. Aparty may object to the designation of particular Confidential Information

by giving written notice to the party designating the disputed information within thirty

4

Case No. 1:12-cv-03231-PAB-KLM Document 236 _ filed 10/22/14 USDC Colorado
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(30) days of such designation. 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 pa ~!
pute nooner ne Bb
designating the information as confidential to WE an appropriate motion requesting that Pr

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 . UM
the motion. If the designating party fails to fefsuch 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 as confidential shall bear the burden of establishing the grounds for the
disputed information to be treated as confidential.

13. In the event it is necessary for the parties to file Confidential Information
with the Court in connection with any proceeding or motion, the Confidential
Information shall be filed in accordance with the requirements of D.C.COLO.LCiv.R.
7.2. In addition, any pleadings or briefs quoting or discussing any information
designated as “Confidential” will not be accepted for filing “under seal” or otherwise
kept out of the public record in this action, except pursuant to Court Order issued upon
motion of the party seeking to file such information under seal.

14. | The termination of this action shall not relieve counsel or any party or

other persons obligated hereunder from their responsibility to maintain the

Case No. 1:12-cv-03231-PAB-KLM Document 236 _ filed 10/22/14 USDC Colorado
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confidentiality of Confidential Information pursuant to this Protective Order, and the
Court shall retain continuing jurisdiction to enforce the terms of this Protective Order,
even after this action is terminated.

15. By agreeing to the entry of this Protective Order, the parties adopt no
position as to the authenticity or admissibility of documents produced subject to it, and
admissibility of the designated Confidential Information will be reserved for and
addressed at trial. Neither the taking of any action in accordance with the provisions of
this Protective Order, nor the failure to object thereto, shall be construed as a waiver of
any claim or defense in this action.

16. Within thirty (30) days following the complete conclusion of this matter,
including any appeals, each party's counsel shall either return to the producing party all
Confidential Information provided subject to this Protective Order or shall destroy such
information and provide written notification to opposing counsel confirming the
destruction of all Confidential Information.

17. Nothing in this Protective Order shall preclude any party from filing a
motion seeking further or different protection from the Court under Rule 26(c) of the
Federal Rules of Civil Procedure, or from filing a motion with respect to the manner in
which Confidential Information shall be treated at trial.

DATED this D2«e dayof_Aphrher 2014.

BY THE COURT:

ze 2 WH
United States Magistfate Judge

6

Case No. 1:12-cv-03231-PAB-KLM Document 236 _ filed 10/22/14 USDC Colorado

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AFFIDAVIT
STATE OF COLORADO )
COUNTY OF *
, swears or affirms and states under penalty of
perjury:
1. 1 have read the Protective Order in Carbajal v. Keefer, United States District

Court for the District of Colorado, Civil Action No. 12-cv-03231-REB-KLM, a copy of which is
attached to this Affidavit. ‘

2. | have been informed by , Esq., counsel for
, that the materials described in the list attached to this
Affidavit are Confidential Information as defined in the Protective Order. .

3. | promise that | have not and will not divulge, or undertake to divulge to any
person or recording device any Confidential Information shown or told to me except as
authorized in the Protective Order. | will not use the Confidential Information for any purpose
other than this litigation.

4. For the purpose of enforcing the terms of the Protective Order, | hereby submit
myself to the jurisdiction of the court in the civil action referenced above.

5. | will abide by the terms of the Protective Order.

(Signature)

(Print or Type Name)
Address:

Telephone No.: ( )

SUBSCRIBED AND SWORN to before me this day of
, 20 by

WITNESS my hand and official seal.

Notary Public

[SEAL]
My commission expires:

EXHIBIT A