HomeMy WebLinkAbout2023-cv-1341 - Erbacher v. City Of Fort Collins, et al. - 099 - Amendment to Protective Order
IN 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.
AMENDMENT TO THE PROTECTIVE ORDER
Pursuant to Fed. R. Civ. P. 26(c), upon a showing of good cause in support of the
entry of an amendment to the protective order previously entered in this matter at ECF
38 (“Protective Order”) and to protect the discovery and dissemination of confidential
information or information which will improperly annoy, embarrass, or oppress any party,
witness, or person providing discovery in this case, IT IS ORDERED:
1. The following provisions are to be included as part of the Protective Order,
and made an Order of this Court:
a. In addition to the designation of “Confidential” as that term is defined in
the Protective Order, the parties may also designate any documentation,
materials or deposition testimony obtained or produced in the litigation
of this matter, as “Confidential-Attorneys Eyes Only or “Attorneys Eyes
Only.”
b. A designation of Attorneys Eyes Only, with a separate indication of
“Confidential” on the document or testimony, shall have the same
meaning as if marked as “Confidential-Attorneys Eyes Only.”
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c. Any document designated as “Confidential” or “Confidential-Attorney’s
Eyes Only” must have been reviewed by counsel of record in the above-
captioned action who in good faith determined the document is entitled
to protection.
d. Those portions of said deposition transcripts designated as “Confidential
– Attorney’s Eyes Only”, and those documents disclosed to counsel of
record marked “Confidential – Attorney’s Eyes Only” shall not, without
written consent of the party producing the information, be disclosed
to any person or entity beyond counsel of record in this matter, for
Plaintiff, counsel of record for Defendants, and any individual
Defendant at whose deposition “Confidential – Attorney’s Eyes Only”
documents are used. Such information is for attorneys’ eyes only and
shall not be disclosed to represented parties. Should the need arise to
use Confidential – Attorney’s Eyes Only information at trial, the parties
shall meet and confer to discuss the reasonable bounds of such
disclosure. If the parties are unable to come to an agreement, the party
opposing the disclosure shall bring the matter before the Court in a
timely fashion.
2. The amendments as set forth in the Order, are not intended to supersede
or replace any of the provision as set forth in ECF 38, but are meant to supplement any
such provisions.
Dated:
BY THE COURT
____________________________
Magistrate Judge
December 6, 2025
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Respectfully submitted this 6th 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
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 6th day of December 2024, a true and correct copy of
the foregoing AMENDMENT TO THE PROTECTIVE ORDER 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
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