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Home My WebLink About2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 079 - City Mot Restrict AccessIN 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 The City of Fort Collins (the “City”), by and through its undersigned counsel, respectfully submits redacted versions of the City’s Reply in Support of its Motion to Quash Defendants’ Subpoena on Vanir Construction Management, Inc. and for Protective Order [Dkt. No. 67] and of Exhibits E-F attached thereto [Dkt. Nos. 67-1 and 67-2] (collectively, the “Restricted Documents”). 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. Case 1:21-cv-02063-DDD-NYW Document 79 Filed 07/06/22 USDC Colorado Page 1 of 6 2 ARGUMENT 1. On May 27, 2022, the City filed its Motion to Quash Defendants’ Subpoena on Vanir Construction Management, Inc. and for Protective Order (“Motion to Quash”) [Dkt. No. 45], with supporting exhibits at Level 1 access. 2. On June 7, 2022, the City filed a Motion to Restrict Access [Dkt. No. 53], submitting a redacted version of Open’s Motion to Compel Production of TMG Documents (“Motion to Compel”) [Dkt. No. 43] and requesting that the Court maintain Level 1 restriction on Exhibits 1-4 of the Motion to Compel [Dkt. Nos. 43-1 through 43-4]. 3. On June 8, 2022, Open filed its Response in Opposition to the City’s Motion to Quash (“Response”) [Dkt. No. 54], with supporting exhibits at Level 1 access. 4. On June 22, 2022, the City filed its Reply in Support of its Motion to Quash (the “Reply”) [Dkt. No. 68], with supporting exhibits at Level 1 access. The same day, the City also filed a Motion to Restrict Access [Dkt. No. 66], submitting a redacted version of Open’s Response [Dkt. No. 54 and requesting that the Court maintain Level 1 restrictions on Exhibits 1 and 2 to the Response [Dkt. Nos. 54-1 and 54-2]. 5. On June 28, 2022, the City filed another Motion to Restrict Access [Dkt. No. 69], submitting a redacted version of the City’s Response in Opposition to Open’s Motion to Compel [Dkt. No. 58] and requesting that the Court maintain Level 1 restriction on Exhibits E-G of the same [Dkt. Nos. 58-5 through 58-7]. 6. Pursuant to D.C.COLO.LCivR 7.2, the City hereby submits a proposed redacted version of the Reply [Dkt. No. 67], removing any references to confidential material contained in Exhibits 1 and 2 of Open’s Response [Dkt. Nos. 54-1 and 54-2], and further submits redacted Case 1:21-cv-02063-DDD-NYW Document 79 Filed 07/06/22 USDC Colorado Page 2 of 6 3 versions of Exhibits E and F to the Reply [Dkt. Nos. 67-1 and 67-2], removing any references to confidential material contained in Exhibit 3 of Open’s Motion to Compel [Dkt. No. 43-3] and Exhibit E of the City’s Response in Opposition to the Motion to Compel [Dkt. No. 58-5]. 7. The City’s Reply [Dkt. No. 67] references material cited by Open in its Response, specifically, Exhibit 1 to the Response [Dkt. No. 54-1]. As set forth in its June 22, 2022 Motion to Restrict [Dkt. No. 66], Exhibit 1 is a copy of a Services Agreement executed between Vanir and the City, and disclosure of its terms would harm the City and Vanir. See Dkt. No. 66 ¶ 5. Because the City has previously moved to restrict Exhibit 1 to the Response [Dkt. No. 66], the City’s submission in Exhibit 1 attached hereto includes redaction of material from the same. See Exhibit 1 at 5-6, 8. 8. Exhibits E and F to the Reply [Dkt. Nos. 67-1 and 67-2] are copies of email correspondence between counsel for the parties, each of which contains language quoted from the Statement of Work executed between the City and TMG. See Ex. E at 2; Ex. F at 5-6; Dkt. No. 43-3 at 3-5. As set forth in its June 7, 2022 Motion to Restrict [Dkt. No. 53], this agreement contains detailed and confidential terms and a description of TMG’s scope of work. Dkt. No. 53 ¶ 8, 10. Additionally, Exhibit F [Dkt. No. 67-2] quotes language from the January 2021 Services Agreement between TMG and the City, a confidential agreement that is not publicly available and which contains the sensitive commercial information of third parties. See Ex. F at 3; Dkt. No. 58- 5; Dkt. No. 69 ¶ 5. Because the City previously moved to restrict Docket Nos. 43-3 and 58-5, the submissions in Exhibits 2 and 3 contain, respectively, redactions of language quoted from the TMG Statement of Work and the TMG Services Agreement. See Exhibit 2 at 2; Exhibit 3 at 3, 5-6. Case 1:21-cv-02063-DDD-NYW Document 79 Filed 07/06/22 USDC Colorado Page 3 of 6 4 CONCLUSION Wherefore, the City respectfully requests that the Court enter the redacted Reply (attached hereto as Exhibit 1), the redacted Exhibit E (attached hereto as Exhibit 2), and the Redacted Exhibit F (attached hereto as Exhibit 3), and for such further relief as this Court deems just and proper. Respectfully submitted this 6th day of July, 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 Case 1:21-cv-02063-DDD-NYW Document 79 Filed 07/06/22 USDC Colorado Page 4 of 6 5 CERTIFICATE OF COMPLIANCE I hereby certify that the foregoing pleading complies with the type-volume limitations set forth in Judge Daniel D. Domenico’s Practice Standard III(A)(1) and contains 770 words. s/ Maral J. Shoaei Case 1:21-cv-02063-DDD-NYW Document 79 Filed 07/06/22 USDC Colorado Page 5 of 6 6 CERTIFICATE OF SERVICE I hereby certify that on July 6, 2022, I caused the foregoing document to be filed via CM/ECF system which will send notification of such filing to the following: Alexander D. White Paul D. Swanson Hannah E. Armentrout Anna C. Van de Stouwe HOLLAND & HART LLP 555 17th Street, Suite 3200 Denver, CO 80202 Telephone: (303) 295-8578 adwhite@hollandhart.com pdswanson@hollandhart.com hearmentrout@hollandhart.com acvandestouwe@hollandhart.com Attorneys for Defendants s/ Stacy Starr Dorsey & Whitney LLP Case 1:21-cv-02063-DDD-NYW Document 79 Filed 07/06/22 USDC Colorado Page 6 of 6