HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 129 - Unopposed Motion For Protective OrderIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 18-cv-03112-RBJ-STV
SEAN SLATTON,
Plaintiff
v.
CITY OF FORT COLLINS, A MUNICIPALITY,
Defendant.
UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER
Mark S. Ratner, counsel for Defendant CITY OF FORT COLLINS, a municipality,
(“Defendant”), in the above-captioned matter, submits the following as their Unopposed
Motion for Entry of a Protective Order:
1. According to the allegations of the Complaint, this matter arises out of the
arrest of the Plaintiff, on December 3, 2016 (ECF No. 1 at ¶ 1).
2. Generally, Plaintiff alleges a violation of his civil rights when Fort Collins
Police Officers used a baton and OC-Spray to effectuate his arrest. Plaintiff claims as a
the City of Fort Collins’ purportedly established policies, customs, and/or practices with
respect to the excessive force, which in-turn violated his constitutional rights.
3. Certain documentation from the City has been or may be requested and
subsequently produced as a result of discovery in this matter. The documentation may
Case 1:18-cv-03112-RBJ-STV Document 129 Filed 03/25/21 USDC Colorado Page 1 of 4
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contain personal and confidential information protected under constitutional, statutory or
common law privacy interests, such as personnel information pertaining to third-parties,
medical and financial information pertaining to Plaintiff, and personal information with
respect to Fort Collins Police Officers and employees.
4. In addition, certain materials which may contain information proprietary to
the City and/or information which is not generally disseminated to the public or outside
the lawsuit.
5. Nothing contained in this Motion should be construed as an
acknowledgment by the parties that any specific information that could fall into any of
the categories outlined above is properly discoverable pursuant to the applicable
Federal Rules of Civil Procedure and federal and Colorado law.
6. The parties respectfully request the accompanying Protective Order be
entered by this Court to govern the handling of confidential information produced in this
litigation.
7. Undersigned Counsel conferred with Counsel for the Plaintiff, through
email correspondence. The proposed Protective Order attached as Exhibit A is a
compromise reached through discussions among Counsel. The plaintiff does not
oppose entry of the proposed Protective Order.
WHEREFORE, for all of the foregoing reasons, the Defendant respectfully
requests this Court enter the attached Protective Order as an attached Order of this
Court.
Respectfully submitted this 25th day of March 2021.
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/s/ Mark S. Ratner
Mark S. Ratner
Hall & Evans, L.L.C.
1001 17th Street, Suite 300
Denver, CO 80202
Phone: 303-628-3300
Fax: 303-628-3368
ratnerm@hallevans.com
ATTORNEYS FOR DEFENDANT
THE CITY OF FORT COLLINS
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CERTIFICATE OF SERVICE (CM/ECF)
I HEREBY CERTIFY that on the 25th day of March, 2021, I electronically filed the
foregoing UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER with the
Clerk of Court using the CM/ECF system and mailed a copy to the following:
David A. Lane, Esq.
Hellen Oh, Esq.
Killmer, Lane & Newman, LLP
1543 Champa Street, Suite 400
Denver, CO 80202
Phone: (303) 571-1000
Facsimile: (303) 571-1001
dlane@kln-law.com
hoh@kln-law.com
ATTORNEYS FOR PLAINTIFF
s/ Sarah Stefanick, Legal Assistant
at Hall & Evans, L.L.C.
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