HomeMy WebLinkAbout2017CV1177 - MCGRATH V. FCPS OFFICER NICK ROGERS - 036 - UNOPPOSED MOTION TO RESTRICT ACCESS TO CONFIDENTIAL EXHIBITSIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:17-cv-01177-LTB-NYW
DAKOTA TYLER MCGRATH,
Plaintiff,
v.
FORT COLLINS POLICE SERVICES OFFICER NICK ROGERS, in his individual
capacity,
Defendant.
UNOPPOSED MOTION TO RESTRICT ACCESS TO CONFIDENTIAL EXHIBITS
FROM DEFENDANT
Defendant Fort Collins Police Services Officer Nick Rogers, through counsel,
Thomas J. Lyons and Matthew J. Hegarty of Hall & Evans, L.L.C., submits an Unopposed
Motion to Restrict Access to Confidential Exhibits under D.C.COLO.LCivR 7.2, as follows:
D.C.COLO.LCivR 7.1(A) Conferral: Undersigned counsel conferred with counsel
for Dakota Tyler McGrath (“McGrath”), who indicated the relief sought is unopposed.
1. Concurrently with this Motion, Defendant is filing his Motion for Summary
Judgment (“MSJ”). Attached to the MSJ are excerpts from McGrath’s medical records,
namely Exh. E. This exhibit contains confidential information not generally available to
the public, including confidential medical conditions, diagnosis, and treatment of McGrath.
To this end, all pages of Exhibit E have been designated “Confidential”.
2. The public has no interest in accessing these non-public documents.
3. By contrast, McGrath possesses an interest in keeping the personal matters
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described in Exhibit E private, and he could suffer embarrassment or other injury if these
records are made public.
4. No alternative to restricted access is practicable or adequate, as the
documents themselves are not public records, and redaction of the names or of any
confidential medical information will impede the Court’s analysis of the issues in the
summary judgment briefing.
5. Defendant therefore respectfully requests Exhibit E be accepted for filing in
support of Defendant’s MSJ as Level 1 Restricted pursuant to D.C.COLO.LCivR 7.2, with
access limited to the parties and the Court.
In conclusion, for all the foregoing reasons, Defendant Fort Collins Police Services
Officer Nick Rogers respectfully requests the Court issue an order subjecting Exhibit E
to his MSJ to Level 1 Restriction, with access limited to the parties and the Court.
Respectfully submitted this 6th day of June, 2018.
s/ Matthew J. Hegarty
Matthew J. Hegarty, Esq.
Thomas J. Lyons, Esq.
HALL & EVANS, L.L.C.
1001 17th Street, Ste. 300
Denver, CO 80202
T: 303-628-3300
F: 303-628-3368
E: lyonst@hallevans.com
hegartym@hallevans.com
ATTORNEYS FOR DEFENDANT
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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on the 6th day of June, 2018, I electronically filed the foregoing
UNOPPOSED MOTION TO RESTRICT ACCESS TO CONFIDENTIAL EXHIBITS
FROM DEFENDANT with the Clerk of Court using the CM/ECF system, which will send
notification of such filing to the following e-mail address:
Anthony Viorst, Esq.
VIORST LAW OFFICES, P.C.
tony@hssspc.com
Attorneys for Plaintiff
s/ Marlene Wilson, Legal Assistant to
Matthew J. Hegarty, Esq.
Thomas J. Lyons, Esq.
Hall & Evans, L.L.C.
1001 17th Street, Ste. 300
Denver, CO 80202
T: 303-628-3300
F: 303-628-3368
E: lyonst@hallevans.com
hegartym@hallevans.com
ATTORNEYS FOR DEFENDANT
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