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HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 145 - City Mot Restrict 124IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 21-cv-02063-CNS-MEH 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 requests that the Court maintain Level 1 restriction on the following supporting Exhibits to its Motion for Summary Judgment [Dkt. 124]: Exhibits 5 and 6 [Dkts. 124-6—7]. CERTIFICATION PURSUANT TO D.C.COLO.L.CivR 7.1 Undersigned counsel conferred with counsel for Defendants. Defendants oppose the relief requested herein, even on a provisional basis because they do “not believe there is an adequate basis to withhold public access to materials presented to the Court to support dispositive resolution of claims.” The City disagrees with Defendants’ position. ARGUMENT 1. This Court entered the parties’ Stipulated Protective Order on October 14, 2021 Case 1:21-cv-02063-CNS-MEH Document 145 Filed 01/03/23 USDC Colorado Page 1 of 4 2 [Dkt. 32]. This Order provides that information related to the parties’ alleged business are either subject to a “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” designation in order to shield them from public disclosure. 2. The City filed several Motions to Restrict Access in 2022 [Dkts. 50, 53, 66, 69, 79, and 85]. 3. During the parties’ August 12, 2022 Discovery Conference, Judge Hegarty provisionally granted all of the Motions to Restrict Access [see Dkt. 96], stating that the Court would likely do the same for future motions as well. 4. On December 19, 2022, the City filed its Motion for Summary Judgment [Dkt. 124] (the “Motion”) and supporting exhibits. The City immediately filed a motion seeking to restrict the Motion and exhibits at Level 1 access, noting that it had inadvertently filed the Motion and exhibits as public. See Dkt. 127. The Court subsequently placed the Motion and exhibits under Level 1 access. 5. Pursuant to D.C.COLO.LCivR 7.2, the City hereby moves to retain Level 1 restriction to Exhibits 5 and 6 attached to the Motion. 6. The City requests the above restrictions in order to comply with the parties’ Protective Order and because good cause exists to restrict the documents from public access, as they refer to and consist of confidential strategic and business information. See Brill v. Correct Care Sols., LLC, 2018 U.S. Dist. LEXIS 240409, at *6 (D. Colo. Mar. 5, 2018) (granting motion to restrict professional services agreement where it was not otherwise publicly available and where dissemination of proprietary business information within could give competitors an unfair advantage); Cahey v. IBM, 2021 U.S. Dist. LEXIS 212793, at *4-5 (D. Colo. Apr. 2, 2021) Case 1:21-cv-02063-CNS-MEH Document 145 Filed 01/03/23 USDC Colorado Page 2 of 4 3 (internal compensation structure was confidential and proprietary, the disclosure of which would harm the party seeking to restrict access); SBM Site Servs., LLC v. Garrett, 2011 U.S. Dist. LEXIS 41527, *9 (D. Colo. Apr. 12, 2011) (granting motion to restrict “business materials containing information that may be confidential” because it could harm litigant’s competitive standing). 7. Exhibits 5 and 6 [Dkt. 124-6 and 124-7] are records of the City’s appropriations for the project. It contains confidential business and financial information, including those of third parties not involved in this matter. 8. Redaction of Exhibits 5 and 6 is not a reasonable or practical alternative because they consist almost entirely of confidential information. CONCLUSION Wherefore, the City respectfully requests that the Court maintain Level 1 restriction on Exhibits 5 and 6 [Dkt. 124-6—7] to its Motion for Summary Judgment, and for such further relief as this Court deems just and proper. Respectfully submitted this 3rd day of January, 2023. 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-CNS-MEH Document 145 Filed 01/03/23 USDC Colorado Page 3 of 4 4 CERTIFICATE OF SERVICE I hereby certify that on January 3, 2023, I caused the foregoing document to be electronically 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 Alexandra E. Pierce 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 aepierce@hollandhart.com Attorneys for Defendants s/ Stacy Starr Dorsey & Whitney LLP Case 1:21-cv-02063-CNS-MEH Document 145 Filed 01/03/23 USDC Colorado Page 4 of 4