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HomeMy WebLinkAbout2017CV493 - Howard V. City Of Fort Collins, Et Al - 018 - Stipulated Motion For Protective Order1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:17-cv-00493-RPM EUGENE HOWARD, Plaintiff, v. CITY OF FORT COLLINS, and KATHLEEN WALKER, Defendants. STIPULATED MOTION FOR PROTECTIVE ORDER Pursuant to Fed. R. Civ. P. 26(c) and 29, Plaintiff Eugene Howard and Defendants the City of Fort Collins and Kathleen Walker through their respective undersigned counsel, having previously conferred, jointly request this Court to enter a Stipulated Protective Order between Plaintiff and Defendants concerning the discovery and/or dissemination of certain confidential information in this case or information that will improperly annoy, embarrass, or oppress any party, witness, or person providing discovery in this case in the form simultaneously tendered to the Court with this Motion. As grounds for this Motion, Plaintiff and Defendants state: 1. Discoverable information in this case includes certain confidential information and information that may improperly annoy, embarrass, or oppress a party, witness, or person providing discovery in this case. Release of this information, including documents, in discovery without a protective order to limit its use, to continue its confidential status, and to prevent any Case 1:17-cv-00493-RPM Document 18 Filed 09/21/17 USDC Colorado Page 1 of 3 2 improper annoyance, embarrassment, or oppression to any party, witness, or person providing discovery in this case will be injurious to the interests of the parties. 2. It is Plaintiff and Defendants’ desire and objective to facilitate the smooth and timely production of discoverable information in this case. However, for the reasons described above, the production and subsequent use of some of that information needs to be subject to certain controls and restrictions. 3. Plaintiff and Defendants and their respective counsel have agreed to certain procedures and restrictions which they consider mutually acceptable for the purpose of resolving the above-described concerns. Those procedures and restrictions are recited in the Proposed Stipulated Protective Order which is being tendered to the Court with this Motion. WHEREFORE, Plaintiff Eugene Howard and Defendants the City of Fort Collins and Kathleen Walker jointly request the Court to enter the Stipulated Protective Order which is being tendered with this Motion. Dated this 21ST day of September 2017. Respectfully submitted, S/ Mark S. Bove ________________________ Mark S. Bove 730 17th Street, Suite 635 Denver, CO 80202 T: 303-393-6666 Email: msbove@aol.com ATTORNEY FOR PLAINTIFF Respectfully submitted, S/ Katherine M.L. Pratt ___________________________ Cathy Havener Greer Katherine M.L. Pratt Wells, Anderson & Race, LLC 1700 Broadway, Suite 1020 Denver, CO 80290 Telephone: (303) 830-1212 E-mail:cgreer@warllc.com Email: kpratt@warllc.com ATTORNEYS FOR DEFENDANTS Case 1:17-cv-00493-RPM Document 18 Filed 09/21/17 USDC Colorado Page 2 of 3 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 21, 2017, a true and correct copy of the above and foregoing STIPULATED MOTION FOR PROTECTIVE ORDER was electronically filed with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following email address: Mark S. Bove 730 17th Street, Suite 635 Denver, CO 80202 T: 303-393-6666 Email: msbove@aol.com S/ Barbara McCall Barbara McCall Email: bmccall@warllc.com Case 1:17-cv-00493-RPM Document 18 Filed 09/21/17 USDC Colorado Page 3 of 3