HomeMy WebLinkAbout2023-cv-1341 - Erbacher v. City Of Fort Collins, et al. - 104 - Unopposed Mot RestrictIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:23-cv-1341-CNS-NRN
Cody Erbacher,
Plaintiff.
v.
City of Fort Collins; and
Jason Haferman.
Defendants.
UNOPPOSED MOTION TO RESTRICT ECF 82, 83, AND 88 TO A LEVEL II
RESTRICTION
Defendant City of Fort Collins, through their undersigned counsel, Hall & Evans,
LLC, submit the following as their Motion to Restrict ECF 82, 83, and 88 to a Level II
Restriction:
CERTIFICATE OF CONFERRAL
Undersigned Counsel conferred with Counsel regarding the relief requested in this
Motion. There are no objections, therefore, this Motion is Unopposed.
CERTIFICATE RE: ARTIFICIAL INTELLIGENCE (“AI”)
Counsel for Defendant hereby certifies that no portion of this filing was drafted by
AI.
I. ARGUMENT
Case No. 1:23-cv-01341-CNS-NRN Document 104 filed 12/17/24 USDC Colorado
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On November 25, 2024, pursuant to a discovery dispute and the Court’s Order,
the Defendant, City of Fort Collins filed certain medical and mental health records under
a Level II restriction. (See ECF 82 and 83).
On December 3, 2024, the Defendant filed additional records under a Level II
restriction. (See ECF 88).
On December 5, 2024, this Court issued an Order requiring production of the
records filed in ECF 82 and 83, to the Plaintiff. The records were to be marked
“confidential-attorneys’ eyes only.” (See ECF 100 at 2). Additionally, the Court took
under advisement, the Defendants’ Motion for a Protective Order, with respect to the
records filed under the designation ECF 88. (ECF 100 at 2).
Given the designation of the records provided in ECF 82 and 83 as “confidential-
attorneys’ eyes only”, and the consideration by the Court regarding production of the
remaining records in ECF 88 pursuant to a protective order, the City of Fort Collins
requests the Level II designation for ECF 82, 83, and 88 remain.
There is no prejudice to any of the parties, as this Motion is unopposed.
WHEREFORE, Defendant, City of Fort Collins, requests the records filed with a Level II
restriction, under ECF 82, 83, and 88, remain under a Level II restriction.
Respectfully submitted this 17th day of December 2024.
s/ Mark S. Ratner
Mark S. Ratner, Esq.
Robert A. Weiner, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Suite 300, Denver, CO 80202
303-628-3300 /Fax: 303-628-3368
ratnerm@hallevans.com
weinerr@hallevans.com
Case No. 1:23-cv-01341-CNS-NRN Document 104 filed 12/17/24 USDC Colorado
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 17th day of December 2024, a true and correct copy of
the foregoing UNOPPOSED MOTION TO RESTRICT ECF 82, 83, AND 88 TO A
LEVEL II RESTRICTION was filed with the Court via CM/ECF and served on the below-
listed party by email:
Sarah Schielke, Esq.
sarah@lifeandlibertylaw.com
Jonathan M. Abramson, Esq.
jabramson@sgrllc.com
Yulia Nikolaevskaya, Esq.
jnikolaevskaya@sgrllc.com
s/ Sarah Stefanick
Case No. 1:23-cv-01341-CNS-NRN Document 104 filed 12/17/24 USDC Colorado
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