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HomeMy WebLinkAbout2018CV3112 - Sean Slatton V. Fort Collins Police Department, Todd Hopkins, Brandon Barnes And John Hutto - 129 - Unopposed Motion For Protective OrderIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 18-cv-03112-RBJ-STV SEAN SLATTON, Plaintiff v. CITY OF FORT COLLINS, A MUNICIPALITY, Defendant. UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER Mark S. Ratner, counsel for Defendant CITY OF FORT COLLINS, a municipality, (“Defendant”), in the above-captioned matter, submits the following as their Unopposed Motion for Entry of a Protective Order: 1. According to the allegations of the Complaint, this matter arises out of the arrest of the Plaintiff, on December 3, 2016 (ECF No. 1 at ¶ 1). 2. Generally, Plaintiff alleges a violation of his civil rights when Fort Collins Police Officers used a baton and OC-Spray to effectuate his arrest. Plaintiff claims as a the City of Fort Collins’ purportedly established policies, customs, and/or practices with respect to the excessive force, which in-turn violated his constitutional rights. 3. Certain documentation from the City has been or may be requested and subsequently produced as a result of discovery in this matter. The documentation may Case 1:18-cv-03112-RBJ-STV Document 129 Filed 03/25/21 USDC Colorado Page 1 of 4 2 contain personal and confidential information protected under constitutional, statutory or common law privacy interests, such as personnel information pertaining to third-parties, medical and financial information pertaining to Plaintiff, and personal information with respect to Fort Collins Police Officers and employees. 4. In addition, certain materials which may contain information proprietary to the City and/or information which is not generally disseminated to the public or outside the lawsuit. 5. Nothing contained in this Motion should be construed as an acknowledgment by the parties that any specific information that could fall into any of the categories outlined above is properly discoverable pursuant to the applicable Federal Rules of Civil Procedure and federal and Colorado law. 6. The parties respectfully request the accompanying Protective Order be entered by this Court to govern the handling of confidential information produced in this litigation. 7. Undersigned Counsel conferred with Counsel for the Plaintiff, through email correspondence. The proposed Protective Order attached as Exhibit A is a compromise reached through discussions among Counsel. The plaintiff does not oppose entry of the proposed Protective Order. WHEREFORE, for all of the foregoing reasons, the Defendant respectfully requests this Court enter the attached Protective Order as an attached Order of this Court. Respectfully submitted this 25th day of March 2021. Case 1:18-cv-03112-RBJ-STV Document 129 Filed 03/25/21 USDC Colorado Page 2 of 4 3 /s/ Mark S. Ratner Mark S. Ratner Hall & Evans, L.L.C. 1001 17th Street, Suite 300 Denver, CO 80202 Phone: 303-628-3300 Fax: 303-628-3368 ratnerm@hallevans.com ATTORNEYS FOR DEFENDANT THE CITY OF FORT COLLINS Case 1:18-cv-03112-RBJ-STV Document 129 Filed 03/25/21 USDC Colorado Page 3 of 4 4 CERTIFICATE OF SERVICE (CM/ECF) I HEREBY CERTIFY that on the 25th day of March, 2021, I electronically filed the foregoing UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER with the Clerk of Court using the CM/ECF system and mailed a copy to the following: David A. Lane, Esq. Hellen Oh, Esq. Killmer, Lane & Newman, LLP 1543 Champa Street, Suite 400 Denver, CO 80202 Phone: (303) 571-1000 Facsimile: (303) 571-1001 dlane@kln-law.com hoh@kln-law.com ATTORNEYS FOR PLAINTIFF s/ Sarah Stefanick, Legal Assistant at Hall & Evans, L.L.C. Case 1:18-cv-03112-RBJ-STV Document 129 Filed 03/25/21 USDC Colorado Page 4 of 4