HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 138 - Motion to Restrict Exhibit 12 and 13IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 19-cv-00901-NRN
MICHAELLA LYNN SURAT,
Plaintiff,
v.
RANDALL KLAMSER, in his individual capacity, and
CITY OF FORT COLLINS, a municipality,
Defendants.
______________________________________________________________________________
UNOPPOSED MOTION TO RESTRICT PUBLIC ACCESS TO EXHIBITS 12 & 13 TO
PLAINTIFF’S CONSOLIDATED REPSONSE TO DEFENDANTS’ MOTION TO
DISMISS AND MOTION FOR SUMMARY JUDGMENT [DOC. 128]
______________________________________________________________________________
Plaintiff, through undersigned counsel and pursuant to D.C.COLO.LCivR. 7.2, hereby
moves this Court to restrict public access to Exhibits 12 and 13 to Plaintiff’s Consolidated
Response to Defendants’ Motion to Dismiss and Motion for Summary Judgment [Doc. 128],
confidential exhibits were filed under Level 1 Restriction with the Notice of Confidential
Exhibits [Doc. 129-1 and 129-2]. As grounds for this Motion, Plaintiff states as follows:
1. This Court entered the Protective Order on January 24, 2020. [Doc. 75.]
2. The Protective Order requires that in the event it is necessary for the parties to file
Confidential Information with the Court in connection with any motion, the Confidential
Information shall be filed in accordance with the requirements of D.C.COLO.LCivR 7.2. The
parties agreed that any Confidential or Confidential-Attorneys Only information will be filed at
Level I Restricted.
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3. Pursuant to the Protective Order, information that implicates statutory, regulatory,
or common law right of privacy or protection, or otherwise contain nonpublic personal,
personnel, employment, private, medical, tax or other information implicating privacy interests
or safety and security concerns of either the Plaintiffs or Defendants may designate such
documents or information as “Confidential.” [Doc. 75, ¶ 3.]
4. On December 1, 2020, Plaintiff filed her Consolidated Response to Defendants’
Motion to Dismiss and Motion for Summary Judgment [Doc. 128].
5. Contemporaneously therewith, Plaintiff filed a Notice of Confidential Exhibits
attaching Exhibits 12 and 13 as Level 1 restricted, giving access to the parties and the Court. See
[Docs. 129-1 and 129-2].
6. Plaintiff has an interest in keeping these documents, which are Plaintiff’s medical
records, confidential, as it contains Plaintiff’s private medical information.
7. Plaintiffs have considered a less restrictive alternative to a Motion to Restrict
Access; however, due to the nature of the records, a less restrictive alternative is not available to
Plaintiff at this time.
8. Plaintiff would suffer injury if access is not restricted because public access to
their private and sensitive medical information would intrude on their right to privacy.
9. Plaintiff seeks a continued Level 1 Restriction limiting access to the Parties and
the Court.
CERTIFICATION PURSUANT TO LOCAL RULE 7.1
6. Counsel for Plaintiff, Helen Oh, certifies that she conferred with counsel for
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Defendants regarding the relief sought by this motion. Defendants stated that they do not oppose
the relief therein.
WHEREFORE, Plaintiff respectfully requests that the Court restrict public access to
Exhibits 12 and 13 to Plaintiff’s Consolidated Response to Defendants’ Motion to Dismiss and
Motion for Summary Judgment, filed with the Notice of Confidential Exhibits [Doc. 129-1 and
129-2], and for any other relief deemed just and proper.
Respectfully submitted this 9th day of December 2020.
Respectfully Submitted,
/s/ Helen Oh
David A. Lane
Andrew McNulty
Helen Oh
Killmer Lane & Newman LLP
1543 Champa Street Ste 400
Denver, CO 80202
(303) 571-1000
dlane@kln-law.com
amcnulty@kln-law.com
hoh@kln-law.com
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CERTIFICATE OF SERVICE
I certify that on this 9th day of December 2020, I electronically filed the foregoing with
the Clerk of Court using the CM/ECF system which will generate a Notice of Electronic Filing to
the following email addresses:
Mark Ratner
Hall & Evans, LLC
1001 Seventeenth Street, Ste 300
Denver, CO 80202
ratnerm@hallevans.com
303-628-3492
Counsel for Defendants
s/ Jamie Akard
Jamie Akard
KILLMER, LANE & NEWMAN, LLP
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