HomeMy WebLinkAbout2017CV1177 - MCGRATH V. FCPS OFFICER NICK ROGERS - 036A - PROPOSED ORDERIN 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.
PROPOSED ORDER GRANTING UNOPPOSED MOTION TO RESTRICT ACCESS
TO CONFIDENTIAL EXHIBITS FROM DEFENDANT
This matter is before the Court on the Unopposed Motion to Restrict Access to
Confidential Exhibits of Defendant Fort Collins Police Services Officer Nick Rogers
(“Defendant”), respecting exhibits submitted along with and in support of his Motion for
Summary Judgment, namely ECF No. ___-_, Defendant’s Exhibit E. For the following
reasons, and for good cause shown, the Court grants the Motion.
I. LEGAL STANDARDS
A motion under D.C.COLO.LCivR 7.2(c) to restrict public access to documents
filed with the Court must: (1) identify the documents for which restriction is sought; (2)
address the interest to be protected and why such interest outweighs the presumption of
public access; (3) identify a clearly defined and serious injury that will result if access is
not restricted; (4) explain why no alternative to restriction is practicable or why only
restriction adequately protects the interest; and (5) identify the level of restriction sought.
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II. ANALYSIS
The Court has reviewed each of the documents for which restriction is sought and
finds Defendant’s Motion satisfies D.C.COLO.LCivR 7.2(c), to wit: (1) Defendant asserts
Exhibit E contains confidential information not generally available to the public, including
confidential medical conditions, diagnosis, and treatment of Dakota Tyler McGrath
(“McGrath”), and in which the public possesses no interest in accessing; (2) Defendant
asserts McGrath possesses a privacy interest in the information in the exhibits that
outweighs the public’s interest in access to them; (3) Defendant states all pages of Exhibit
E are designated “Confidential”; (4) Defendant explains no alternative is practicable as
redaction of the documents will impede the Court’s analysis of the issues in the summary
judgment briefing; and (5) Defendant seeks Level 1 restriction for the exhibits.
III. CONCLUSION
Based on the foregoing, and for good cause shown, the Court:
GRANTS Defendant’s motion to restrict exhibits (ECF No. ___) submitted along
with and in support of his Motion for Summary Judgment, to wit, the Court RESTRICTS
to LEVEL 1 ACCESS the following: ECF Nos. ___-_ and ___-_.
Dated this ____ day of ____________, 2018.
BY THE COURT:
___________________________________
LEWIS T. BABCOCK
United States District Judge
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