HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 147 - City Mot Restrict 125IN 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 Exhibits to Open’s Motion
for Partial Summary Judgment [Dkt. 125]: Exhibits 5, 6, 11, 12, 13, 39, 41, 43, 46-49, 51, 55-58,
60, 63, and 70.1
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
1 Consistent with its obligation under Local Rule 7.2, the City has limited its restriction to the
following 20 exhibits from the 75 exhibits filed by Open.
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of claims.” The City disagrees with Defendants’ position.
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
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, Open filed its Motion for Summary Judgment [Dkt. 125]
(the “Motion”) and supporting exhibits.
5. Pursuant to D.C.COLO.LCivR 7.2, the City hereby moves to retain Level 1
restriction to Exhibits 5, 6, 11, 12, 13, 39, 41, 43, 46-49, 51, 55-58, 60, 63, and 70 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
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advantage); Cahey v. IBM, 2021 U.S. Dist. LEXIS 212793, at *4-5 (D. Colo. Apr. 2, 2021)
(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. Exhibit 41 is the City’s confidential internal memorandum. It is designated as
Confidential pursuant to the Stipulated Protective Order and contains confidential business and
strategic information.
8. Exhibits 46-48 are email correspondence between City personnel. They are
designated as Confidential pursuant to the Stipulated Protective Order and contain confidential
business and strategic information.
9. Exhibit 70 consists of excerpts from City’s damages expert report which has been
designated as Confidential pursuant to the Stipulated Protective Order and contain confidential
business and strategic information.
10. Exhibits 5, 6, 11, 13, 39, 43, 49, 51, 55-58, 60, and 63 are either excerpts of
deposition transcripts or deposition exhibits which have also been designated as Confidential
pursuant to the Stipulated Protective Order. Although the Stipulated Protective Order is not an
independent basis for restricting the Exhibits, these deposition exhibits and transcripts were
designated as such pursuant to the Stipulated Protective Order because they contain confidential
information regarding the parties’ agreements and this dispute, as well as references to third-parties
which are not part of this dispute.
11. Redaction of Exhibits 5, 6, 11, 12, 13, 39, 41, 43, 46-49, 51, 55-58, 60, 63, and 70
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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 the
following supporting Exhibits to Open’s Motion for Partial Summary Judgment [Dkt. 125]:
Exhibits 5, 6, 11, 12, 13, 39, 41, 43, 46-49, 51, 55-58, 60, 63, and 70, 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
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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
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