The URL can be used to link to this page

Home My WebLink About2023-cv-1797 - San Roman V. Nace, Et Al. - 017 - Proposed Protective OrderIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 23-cv-01797-CNS-SKC ANGEL SAN ROMAN; and CARLOS LOPEZ, Plaintiffs, v. MINDY NACE, individually; KYLE BENDZSA, individually; KEVIN PARK, individually; and CITY OF FORT COLLINS, a municipality, Defendants. ______________________________________________________________________________ JOINT MOTION FOR ENTRY OF PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION ______________________________________________________________________________ Plaintiffs and Defendants, by and through their respective undersigned counsel, pursuant to Fed. R. Civ. P. 26(c), hereby submit their Joint Motion for Entry of Protective Order as follows: 1. The nature of the claims, defenses and damages asserted in this lawsuit involves discovery of documents and information containing Confidential Information, including medical records, financial information, personnel and employment records, and third-party information. The disclosure of such information outside the scope of this litigation could result in significant injury to one or more of the Parties’ business or privacy interests. 2. The Parties have stipulated to the terms of the Proposed Protective Order, attached as Exhibit 1. 3. The requirements for a protective order are included within the form attached as Exhibit 1 because (1) good cause exists and has been shown, (2) confidentiality may only be Case No. 1:23-cv-01797-CNS-SKC Document 17 filed 11/16/23 USDC Colorado pg 1 of 3 2 marked in good faith and after a review by designating counsel, (3) there is mechanism for challenging any designation of confidentiality that a party believes is improper, and (4) the burden rests with the party invoking confidentiality when a designation is challenged. See Gillard v. Boulder Valley School Dist., 196 F.R.D. 382, 386 (D. Colo. 2000). WHEREFORE, for good cause shown, the Parties respectfully request that the Court enter the attached Stipulated Protective Order. DATED this 16th day of November 2023. APPROVED: s/ Darold W. Killmer s/ Mark S. Ratner ________________________ _________________________ Darold W. Killmer Michael P. Fairhurst KILLMER LANE, LLP 1543 Champa Street, Suite 400 Denver, CO 80202 (303) 571-1000 (303) 571-1001 fax dkillmer@killmerlane.com mfairhurst@killmerlane.com Attorneys for Plaintiffs Mark S. Ratner, Esq. Hall & Evans, L.L.C. 1001 17th Street, Suite 300 Denver, CO 80202 303-628-3300 /Fax: 303-628-3368 ratnerm@hallevans.com Attorney for Defendants Case No. 1:23-cv-01797-CNS-SKC Document 17 filed 11/16/23 USDC Colorado pg 2 of 3 3 CERTIFICATE OF SERVICE I hereby certify that on November 16, 2023, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following: Mark S. Ratner, Esq. Hall & Evans, L.L.C. 1001 17th Street, Suite 300 Denver, CO 80202 303-628-3300 /Fax: 303-628-3368 ratnerm@hallevans.com Attorney for Defendants /s/ Jesse Askeland Paralegal Case No. 1:23-cv-01797-CNS-SKC Document 17 filed 11/16/23 USDC Colorado pg 3 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 23-cv-01797-CNS-SKC ANGEL SAN ROMAN; and CARLOS LOPEZ, Plaintiffs, v. MINDY NACE, individually; KYLE BENDZSA, individually; KEVIN PARK, individually; and CITY OF FORT COLLINS, a municipality, Defendants. ______________________________________________________________________ STIPULATED PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION ______________________________________________________________________________ Plaintiffs and Defendants, by and through their undersigned counsel of record (the “Parties”), stipulate to the entry of this Protective Order Concerning Confidential Information, as follows: 1. This Protective Order shall apply to all documents, materials, and information, including, without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure and designated as “CONFIDENTIAL” pursuant to the terms of this Protective Order. 2. As used in this Protective Order, “document” is defined as provided in Fed. R. Civ. P. 34(a). A draft or non-identical copy is a separate document within the meaning of this term. Case No. 1:23-cv-01797-CNS-SKC Document 17-1 filed 11/16/23 USDC Colorado pg 1 of 5 2 3. Information designated “CONFIDENTIAL” shall be information that is confidential and implicates common law and statutory privacy interests of Plaintiffs, Defendants, and/or current or former employees of the Fort Collins Police Department and any related entities. CONFIDENTIAL information shall not be disclosed or used for any purpose except for the preparation of this matter and trial (including any appeal) of this case. 4. As a condition of designating documents “CONFIDENTIAL,” the documents must be reviewed by a lawyer of the designating party who will certify that the designation as “CONFIDENTIAL” is based on a good faith belief that the information is confidential or otherwise entitled to protection under Fed. R. Civ. P. 26(c). 5. CONFIDENTIAL information shall not be disclosed or used for any purpose except the preparation and trial of this case. 6. CONFIDENTIAL information shall not, without the consent of the party producing it or further Order of the Court, be disclosed except that such information may be disclosed to: (a) attorneys working on this case; (b) persons regularly employed or associated with the attorneys working on the case whose assistance is required by said attorneys in the preparation for trial, at trial, or at other proceedings in this case; (c) the Parties and designated representatives for Defendant; (d) expert witnesses and consultants retained in connection with this proceeding, to the extent such disclosure is necessary for preparation, trial or other proceedings in this case; (e) the Court and its employees (“Court Personnel”); Case No. 1:23-cv-01797-CNS-SKC Document 17-1 filed 11/16/23 USDC Colorado pg 2 of 5 3 (f) stenographic reporters who are engaged in proceedings necessarily incident to the conduct of this action; (g) deponents and witnesses; (h) potential witnesses on issues specific to that person’s area of knowledge; and (i) other persons by written agreement of the parties. 7. Prior to disclosing any CONFIDENTIAL information to persons listed in (d), (g), or (h) above, counsel shall provide such person with a copy of this Protective Order and obtain from such person a written assurance that such individual agrees to be bound by its terms. All such assurances shall be retained by counsel and shall be produced to counsel for the other party upon request. 8. Documents are designated as CONFIDENTIAL by placing or affixing on them (in a manner that will not interfere with their legibility) or otherwise designating as CONFIDENTIAL in clear and conspicuous manner the following or other appropriate notice: “CONFIDENTIAL.” 9. . Whenever a deposition involves the disclosure of CONFIDENTIAL information, the deposition or portions thereof shall be designated as CONFIDENTIAL and shall be subject to the provisions of this Protective Order. Such designation shall be made on the record during the deposition whenever possible, but a Party may designate portions of depositions as CONFIDENTIAL after transcription, provided that written notice of the designation is promptly given to all counsel of record within thirty (30) days after notice by the court reporter of the completion of the transcript. 10. A Party may object to the designation of particular CONFIDENTIAL information by giving written notice to the Party designating the disputed information. The written notice shall Case No. 1:23-cv-01797-CNS-SKC Document 17-1 filed 11/16/23 USDC Colorado pg 3 of 5 4 identify the information to which the objection is made. Pursuant to this Court’s practice standards regarding discovery disputes, the Parties must then further confer by video, telephone, or in person. If the Parties cannot resolve the objection within fourteen days after the time the notice is received, it shall be the obligation of the Party designating the information as CONFIDENTIAL to initiate a joint phone call to the Court as referenced in the Court’s Practice Standards at F(3)(c), at which time the Court will either (a) set a date for a status conference with the Court; or, (b) set a date for submission of a Joint Discovery Dispute Report, simultaneous Briefs Regarding Discovery Dispute, or staggered discovery briefing. 11. Any request for a discovery dispute conference, joint report, or briefing schedules regarding disputed CONFIDENTIAL information shall be completed within thirty (30) days of the aforementioned notice of this dispute to either party. If such contact with the Court is timely made, the disputed information shall be treated as CONFIDENTIAL under the terms of this Protective Order until the Court rules on the issue. 12. If the designating Party fails to contact the Court within the prescribed time, the disputed information shall lose its designation as CONFIDENTIAL and shall not thereafter be treated as CONFIDENTIAL in accordance with this Protective Order, unless otherwise directed by the Court. In connection with a request made to the Court under this provision, the Party designating the information as CONFIDENTIAL shall bear the burden of establishing that good cause exists for the disputed information to be treated as CONFIDENTIAL. 13. The Parties shall comply with D.C.COLO.LCivR 7.2, and explicitly identify and discuss each factor in any motion or request to restrict access based on this Protective Order pursuant to this Court’s Practice Standards at VII(F). Case No. 1:23-cv-01797-CNS-SKC Document 17-1 filed 11/16/23 USDC Colorado pg 4 of 5 5 14. The terms of this Order survive the termination of this action. 15. This Protective Order may be modified by the Court at any time for good cause shown following notice to all Parties and an opportunity for them to be heard. DATED this _________ day of _________________, 2023. BY THE COURT: Case No. 1:23-cv-01797-CNS-SKC Document 17-1 filed 11/16/23 USDC Colorado pg 5 of 5