HomeMy WebLinkAbout2023-cv-1797 - San Roman V. Nace, Et Al. - 019 - 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.
______________________________________________________________________
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 19 filed 12/01/23 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 19 filed 12/01/23 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 19 filed 12/01/23 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 19 filed 12/01/23 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 1st day of December, 2023.
BY THE COURT:
Case No. 1:23-cv-01797-CNS-SKC Document 19 filed 12/01/23 USDC Colorado pg 5 of 5