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Home My WebLink About2018CV3204 - Lori Frank V. City Of Fort Collins, Terence F. Jones And Jerome Schiager - 055 - Defendant City Of Fort Collins Statement Regarding Level 3 Restricted SubmissionIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:18-cv-03204-RBJ-NRN LORI FRANK, Plaintiff, v. CITY OF FORT COLLINS, a municipality; and JEROME SCHIAGER, former Deputy Chief of Police, in his individual capacity, Defendants. ______________________________________________________________________________ DEFENDANT CITY OF FORT COLLINS’ STATEMENT REGARDING LEVEL 3 RESTRICTED SUBMISSION ______________________________________________________________________________ Defendant City of Fort Collins, by and through its attorneys Cathy Havener Greer, and Kathryn A. Starnella, of Wells, Anderson & Race, LLC and Jenny Lopez Filkins, Senior Assistant Attorney, City of Fort Collins, submits the following statement regarding its accompanying Level 3 Restricted Submission. The City submits the attached documents under Level 3 restriction pursuant to the Court’s Order, Doc. # 54 at 2. NATURE OF DOCUMENTS SUBMITTED The City submits under Level 3 restriction documents Bates labeled FC-SEP16ORDER 000408-000535.1 On October 11, 2019, the City produced these documents to Plaintiff as part of a larger production in responses to Hon. R. Brooke Jackson’s September 16, 2019, Order, Doc. # 1 While the Court’s order directed submission of documents starting at FC-SEP16 ORDER 00413, the City is submitting a few additional pages to provide full context. Case 1:18-cv-03204-RBJ-NRN Document 55 Filed 11/08/19 USDC Colorado Page 1 of 4 2 45. While Judge Jackson’s Order directed production of documents in “unredacted form,” the Order also limited production to certain categories of investigations.2 Accordingly, the City produced these documents with redactions to exclude information that fell outside these categories. The attached documents are portions of investigative files and primarily consist of witness statements. The attached documents show redactions marked but not applied so that the Court can read the text that was redacted from the produced documents. The redacted text consists of complaints of discrimination on bases other than gender discrimination that were not sustained by outside investigators; complaints of retaliation unrelated to gender; and a variety of criticisms, disagreements, and conflicts among employees in the workplace. Because the redacted text falls outside Judge Jackson’s September 16, 2019, Order, the City maintains that the redactions comply with the Court’s Order. 2 The six categories are: (1) any document that contains an allegation against the City regarding gender discrimination or gender-related retaliation whether sustained or not; (2) any complaint of discrimination on bases other than gender discrimination if sustained; (3) documents regarding any complaint about any type of discrimination deemed unfounded if the decision was made internally and not by outside investigators; (4) any complaint versus Defendant Schiager except complaints regarding an alleged extramarital affair or against his wife; (5) any investigation involving any complaint of discrimination or retaliation against any person listed in Defendants’ initial disclosures; and (6) investigation of Kelly French’s complaints, which were disclosed but not produced due to a confidentiality provision in the City’s settlement agreement with a non- party. Case 1:18-cv-03204-RBJ-NRN Document 55 Filed 11/08/19 USDC Colorado Page 2 of 4 3 Dated this 8th day of November 2019. Respectfully submitted, S/ Kathryn A. Starnella Cathy Havener Greer Kathryn A. Starnella Wells, Anderson & Race, LLC 1700 Broadway, Suite 1020 Denver, CO 80290 Telephone: (303) 830-1212 Email: cgreer@warllc.com; kstarnella@warllc.com Attorneys for Defendants City of Fort Collins S/ Jenny Lopez Filkins Jenny Lopez Filkins Senior Assistant City Attorney City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80521 Telephone: (970) 221-6520 Email: jlopezfilkins@fcgov.com Attorney for Defendant City of Fort Collins Case 1:18-cv-03204-RBJ-NRN Document 55 Filed 11/08/19 USDC Colorado Page 3 of 4 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 8, 2019, a true and correct copy of the above and foregoing DEFENDANT CITY OF FORT COLLINS’ STATEMENT REGARDING LEVEL 3 RESTRICTED SUBMISSION was electronically filed with the Clerk of Court using the CM/ECF system, which will send notification of such filing to the following email addresses: Jennifer Robinson, Esq. Robinson & Associates Law Offices, LLC 7900 E. Union Avenue, Suite 1100 Denver, CO 80237 Email: jrobinson@raemployment.com Attorneys for Plaintiff Robert M. Liechty, Esq. Robert M. Liechty PC 1800 Gaylord St Denver, CO 80206 Email: rliechty@crossliechty.com Attorney for Plaintiff David R. DeMuro, Esq. Vaughan & DeMuro 720 South Colorado Boulevard Penthouse, North Tower Denver, CO 80246 Email: ddemuro@vaughandemuro.com Attorneys for Defendant Schiager Sara L. Cook, Esq. Vaughan & DeMuro 111 South Tejon, Suite 545 Colorado Springs, CO 80903 T: 719-578-5500 Email: scook@vaughandemuro.com Attorneys for Defendant Schiager S/ Barbara McCall Barbara McCall Email: bmccall@warllc.com Case 1:18-cv-03204-RBJ-NRN Document 55 Filed 11/08/19 USDC Colorado Page 4 of 4