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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