HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 168 - City Mot Restrict 152IN 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 to Exhibits 1 and 2 to its Motion to Exclude
and Limit Opinions of Peter Schulman [Dkt. 152-1—2].
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
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[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 January 6, 2023, the City filed its Motion to Exclude and Limit Opinions of
Peter Schulman [Dkt. 152] (the “Motion”) and supporting exhibits [Dkt. 152-1—3].
5. Pursuant to D.C.COLO.LCivR 7.2, the City hereby moves to retain Level 1
restriction to Exhibits 1-2 [Dkt. 152-1—2].
6. The City requests the above restriction 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 and highly confidential information.
7. Exhibit 1 [Dkt. 152-1] is a copy of the City’s expert reports. Certain portions are
designated as Confidential and others, Highly Confidential, pursuant to the Stipulated Protective
Order. It contains confidential and proprietary information. Further, it contains and references
information and documents concerning third parties not subject to this lawsuit.
8. Exhibit 2 [Dkt. 152-2] is a copy Open’s expert report. It is designated as
Confidential pursuant to the Stipulated Protective Order and contains confidential and proprietary
information, as well as information concerning third parties not subject to this lawsuit.
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9. Redaction of these specific Exhibits is not a reasonable or practical alternative
because they consist almost entirely of confidential and or highly confidential information.
CONCLUSION
Wherefore, the City respectfully requests that the Court maintain Level 1 restriction on
Exhibits 1 and 2 to its Motion to Exclude and Limit Opinions of Peter Schulman [Dkt. 152-1—2],
and for such further relief as this Court deems just and proper.
Respectfully submitted this 20th 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 20, 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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