HomeMy WebLinkAbout2019-cv-901 - Surat v. City of Fort Collins, et al. - 072 - UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDERIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 19-cv-00901-WJM-NRN
MICHAELLA LYNN SURAT,
Plaintiff,
v.
RANDALL KLAMSER in his individual capacity, and
CITY OF FORT COLLINS, a municipality,
Defendants.
UNOPPOSED MOTION FOR ENTRY OF A PROTECTIVE ORDER
Mark S. Ratner, counsel for Defendants RANDALL KLAMSER, in his individual
capacity, and CITY OF FORT COLLINS, a municipality, (collectively “Defendants”), in
the above-captioned matter, submits the following as their Unopposed Motion for Entry
of a Protective Order:
1. According to the allegations of the Complaint, this matter arises out of the
arrest of the Plaintiff, on April 6, 2017 (ECF No. 1 at ¶ 1).
2. Generally, the Plaintiff alleges a violation of her Fourth Amendment rights
through the use of excessive force by Defendant, Fort Collins Police Officer Randall
Klamser, and the City of Fort Collins’ purportedly established policies, customs, and/or
practices.
3. Certain documents of Defendants that may be requested and produced in
this matter, may contain personal and confidential information protected under
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constitutional, statutory or common law privacy interests, such as personnel information
pertaining to third-parties, medical information pertaining to Plaintiff, and personal
information with respect to Fort Collins Police Officers and employees.
4. Certain documents of Plaintiff that may be requested and produced in this
matter contain personal, confidential, tax and/or medical information protected under
constitutional or statutory provisions or under common law privacy interests. In
particular, due to the nature of the Plaintiff’s claims and requested damages, Plaintiff’s
medical information will be produced in this matter and may retain some privacy
interests in such information as to collateral persons.
5. Nothing contained in this Motion should be construed as an
acknowledgment by the Plaintiff or the Defendant that any specific information that
could fall into any of the categories outlined above is properly discoverable pursuant to
the applicable Federal Rules of Civil Procedure and federal and Colorado law.
6. The parties respectfully request the accompanying Protective Order be
entered by this Court to govern the handling of confidential information produced in this
litigation.
7. Undersigned Counsel conferred with Counsel for the Plaintiff, through
email correspondence. The proposed Protective Order attached as Exhibit A is a
compromise reached through discussions among Counsel. The plaintiff does not
oppose entry of the proposed Protective Order.
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WHEREFORE, for all of the foregoing reasons, the Defendants respectfully
request this Court enter the attached Protective Order as an attached Order of this
Court.
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Dated this ___ day of January 2020.
Respectfully submitted,
s/ Kendra K. Smith
Mark S. Ratner, Esq.
Hall & Evans, L.L.C.
1001 Seventeenth St., Suite 300
Denver, CO 80202
Phone: 303-628-3300
Fax: 303-628-3368
ratnerm@hallevans.com
ATTORNEYS FOR DEFENDANTS
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