HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 050 - City Mot Restrict And Resp To Order1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 21-cv-02063-DDD-NYW
CITY OF FORT COLLINS,
Plaintiff/Counterclaim Defendant,
v.
OPEN INTERNATIONAL, LLC
Defendant/Counterclaim Plaintiff,
and
OPEN INVESTMENTS, LLC,
Defendant.
PLAINTIFF CITY OF FORT COLLINS’S MOTION TO RESTRICT ACCESS AND
RESPONSE TO THE JUNE 2, 2022 ORDER TO SHOW CAUSE
Plaintiff City of Fort Collins (“the City”), by and through its undersigned counsel,
respectfully moves this Court to restrict to Level 1 access Exhibit D filed in support of the City’s
Motion to Quash Defendants’ Subpoena on Vanir Constriction Management, Inc. and for
Protective Order (“Motion”) [Dkt. 45-4].
CERTIFICATION PURSUANT TO D.C.COLO.L.CivR 7.1
Undersigned counsel conferred via email with counsel for Defendants. Defendants oppose
the relief requested herein.
ARGUMENT
1. This Court entered the parties’ Stipulated Protective Order on October 14, 2021.
Dkt. 32. This Order provides that information related to the parties’ alleged business are either
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subject to a “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” designation in order
to shield them from public disclosure.
2. On May 27, 2022, the City filed its Motion with supporting exhibits at Level 2
restricted access. The City intended to file the Motion and supporting exhibits under Level 1
access and attempted to correct this inadvertence promptly (after the holiday weekend) on Tuesday
May 31, 2022 and Wednesday June 1, 2022. However, during that time, the Motion was referred
to Magistrate Judge Wang along with the Court’s Show Cause Order [Dkt. 48] and the Court could
no longer lower the restriction.
3. The City provided copies of the Motion and supporting exhibits to Defendants on
May 27 to avoid any prejudice.
4. Pursuant to D.C.COLO.LCivR 7.2, the City hereby moves to retain a Level 1
restriction to Exhibit D of its Motion, specifically Docket 45-4 and titled “Project Management
Plan for the City of Fort Collins Oasis Project”.
5. This document refers to and consists of confidential and proprietary information,
including those that the City considers as “Confidential”. Defendants have not challenged the
City’s designation of confidentiality. Nevertheless, they contend that they do not believe Exhibit
D rises to the level of protection required by the Court to restrict access to the public.
6. However, in order to comply with the parties’ Protective Order, the City requests
Level 1 restriction to Exhibit D, limiting access to the parties and Court. Apart from compliance
with the Protective Order, good cause exists to restrict public access to Exhibit D as it contains
information that, if disclosed publicly, would violate the City’s engagement with a third-party,
Vanir Construction Management, Inc. (“Vanir”), as well as release of confidential and proprietary
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information. This is reinforced on page 5 of Exhibit D, which states that Vanir’s contract with the
City is subject to “an NDA that limits the discussion of this project and the proprietary nature of
the OSF platform outside of Vanir project and management team members.” Further, Exhibit D
is a type of project documents that is not currently available on the internet. See Brill v. Correct
Care Sols., LLC, No. 16-cv-03078-WMJ-NYW, 2018 U.S. Dist. LEXIS 240409 (D. Colo. Mar. 5,
2018) (granting motion to restrict certain exhibits).
7. Redaction of the exhibit is not a reasonable or practical alternative because it
contains confidential information. However, the City does not seek to retain any level of restricted
access to the Motion itself or the remaining exhibits.
CONCLUSION
Wherefore, the City respectfully requests that this Court enter an Order granting Level 1
restricted access to the City’s Exhibit D to its Motion [Dkt. 45-4], and for such further relief as
this Court deems just and proper.
Respectfully submitted this 6th day of June, 2022.
DORSEY & WHITNEY LLP
s/ Maral J. Shoaei
Case Collard
Andrea Ahn Wechter
Maral J. Shoaei
1400 Wewatta Street, Suite 400
Denver, Colorado 80202-5549
Telephone: (303) 629-3400
Fax: (303) 629-3450
E-mail: collard.case@dorsey.com
E-mail: wechter.andrea@dorsey.com
E-mail: shoaei.maral@dorsey.com
Attorneys for Plaintiff City of Fort Collins
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CERTIFICATE OF SERVICE
I hereby certify that on June 6, 2022, I caused the foregoing document to be electronically served via CM/ECF system which will send notification of such filing to the following:
Alexander D. White
Paul D. Swanson
Hannah E. Armentrout
Anna Matejcek
HOLLAND & HART LLP
555 17th Street, Suite 3200
Denver, CO 80202
Telephone: (303) 295-8578
adwhite@hollandhart.com
pdswanson@hollandhart.com
hearmentrout@hollandhart.com
amatejcek@hollandhart.com
Attorneys for Defendants
/s/ Stacy Starr
Dorsey & Whitney LLP
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