HomeMy WebLinkAbout2024CV30118 - City v. Horsetooth Convenience Center, et al - 18 - Stipulated Protective Order
DISTRICT COURT, LARIMER COUNTY, COLORADO
201 LaPorte Ave., Suite 100, Fort Collins, Colorado 80521
970-494-3500
▲COURT USE ONLY▲
Petitioner: CITY OF FORT COLLINS, a Colorado home
rule municipality,
v.
Respondents: HORSETOOTH CONVENIENCE
CENTER, LLC, a Colorado limited liability company; 7-
ELEVEN INC., a Texas corporation; and IRENE E. JOSEY,
in her official capacity as the COUNTY TREASURER OF
LARIMER COUNTY.
Case No.: 2024CV30118
Division: 4A
STIPULATED PROTECTIVE ORDER
The Court hereby enters this Stipulated Protective Order (“Protective Order”) negotiated
between Petitioner City of Fort Collins, Respondent Horsetooth Convenience Center, LLC, and
Respondent 7-Eleven Inc. (collectively, the “Parties”) and orders as follows:
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, trial testimony, and other information disclosed
pursuant to the disclosure or discovery duties created by the Colorado Rules of Civil Procedure
designated as “Confidential Information” as defined below. As used in this Order, “Confidential
Information” shall not include information obtained from sources outside of this litigation.
2. As used in this Protective Order, “document” is defined as provided in C.R.C.P.
34(a). A draft or non-identical copy is a separate document within the meaning of this term.
3. Information designated as “confidential” shall be information that implicates the
privacy interests of parties and non-parties, including information, documents, materials, and
communications. Confidential Information shall also include information that a disclosing party
is under a legal obligation to maintain as confidential. Confidential Information shall not be
disclosed or used for any purpose except in connection with this lawsuit, including the preparation
for and conduct of trial of this case, including any appeal. The Parties must refrain from routinely
designating material as confidential or make such a designation without reasonable, good faith
inquiry to determine whether it qualifies for such designation.
4. It is the duty of the party claiming information as confidential to designate such
Confidential Information by stamping documents “Confidential. This document is subject to a
DATE FILED: June 28, 2024 10:35 AM
CASE NUMBER: 2024CV30118
Page 2 of 3
protective order and may not be examined or copied except in compliance with such order”
prior to producing such documents or in the case of depositions, following the procedures outlined
below.
5. Confidential documents, materials, and 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 to:
a. attorneys licensed in Colorado who have entered an appearance in this lawsuit
and whose client has not disclaimed its interest;
b. persons employed by or partners of the same law firm as the attorneys who have
entered an appearance in this lawsuit and whose client has not disclaimed its
interest, if such persons’ assistance is required by said attorneys in the
preparation for trial, at trial, or at other proceedings in this case;
c. the Parties, including their in-house attorneys, employees, and contractors;
d. expert witnesses and consultants retained by the Parties in connection with these
proceedings, to the extent such disclosure is necessary for preparation, trial, or
other proceedings in this case;
e. the Court and its employees (“Court Personnel”);
f. stenographic reporters who are engaged in proceedings necessarily incident to
the conduct of this action;
g. deponents and witnesses;
h. commissioners selected in this action; and
i. other persons by written agreement of the Parties.
6. Prior to disclosing Confidential Information to any person listed above (other than
those listed in subsections (a), (b), (c), and (e) of paragraph 5), the Parties and their counsel shall
provide such person with a copy of this Protective Order and make reasonable efforts to 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.
7. If Confidential Information must be submitted to the Court, it must be submitted
under seal. To the extent any documents produced under this Protective Order are filed with the
Court, the filing party must follow the procedures set forth in C.R.C.P. 121 § 1-26(10).
8. 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 fourteen (14) days after notice by the court reporter of the completion of the
transcript.
Page 3 of 3
9. A party may object to the designation of 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 three
(3) 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 constitutes Confidential Information that 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 as confidential shall bear the burden
of establishing that good cause exists for the disputed information to be treated as confidential.
10. If information designated as Confidential Information pursuant to this Protective
Order is disclosed to any person other than in the manner authorized by this Protective Order, the
party responsible for that disclosure must immediately bring all pertinent facts relating to such
disclosure to the attention of all interested parties, without prejudice to other rights and remedies
of the designating party and shall make every effort to prevent further improper disclosure.
11. Upon dismissal or conclusion of this case, within ten (10) days of written demand
by the designating party, the parties will confirm that all hard copies of documents designated as
confidential have been destroyed and any electronic copies will remain in a location with the law
firm or in-house law office or in the expert’s file where they will remain confidential.
12. All working papers or other documents in the possession, custody, or control of the
Parties’ counsel or experts relating to information derived from documents covered by the
Protective Order shall be kept confidential.
13. This Protective Order may be modified by the Court at any time for good cause
shown following notice to the Parties and an opportunity for them to be heard.
14. The terms of this Protective Order shall survive the termination of this litigation.
Dated this ____ day of _____________, 2024
BY THE COURT:
________________________________
Carroll Michelle Brinegar
District Court Judge
28 June