HomeMy WebLinkAbout2018CV3204 - LORI FRANK V. CITY OF FORT COLLINS, TERENCE F. JONES AND JEROME SCHIAGER - 085 - DEFENDANT CITY OF FORT COLLINS MOTION TO RESTRICT PUBLIC ACCESSIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:18-cv-03204-RBJ-NRN
LORI FRANK,
Plaintiff,
vs.
CITY OF FORT COLLINS, a municipality; and
JEROME SCHIAGER, former Deputy Chief of Police, in his individual capacity,
Defendant.
DEFENDANT CITY OF FORT COLLINS MOTION TO RESTRICT
PUBLIC ACCESS TO EXHIBIT A
Defendant City of Fort Collins, by and through its counsel, Cathy Havener Greer and
Kathryn A. Starnella of Wells, Anderson & Race, LLC, and pursuant to D.C.COLO.LCivR. 7.2
move for leave to file the attached Exhibit A related to the City’s Motion for Designation of
Confidentiality Pursuant to Protective Order under restricted access, and states as follows:
CERTIFICATION PURSUANT TO D.C.COLO.LCivR. 7.1(a).
Counsel for the City of Fort Collins emailed all counsel on January 29, 2020 a list of
portions of the deposition transcripts of Terry Jones, Erik Martin, and Greg Yeager to be
designated as confidential under paragraphs 4 and 5c of the protective order entered May 8, 2019,
(Doc#32). On February 6, 2020, Plaintiff’s counsel emailed that she did not agree to any portion
of the transcripts being designated confidential. Counsel for Plaintiff, counsel for Defendant
Schiager, and undersigned counsel discussed the issue and Plaintiff’s counsel opposes this Motion.
Case 1:18-cv-03204-RBJ-NRN Document 85 Filed 02/21/20 USDC Colorado Page 1 of 4
2
1. Defendants have contemporaneously filed a Motion for Designation of
Confidentiality Pursuant to Protective Order.
2. Exhibit A to Defendant’s Motion is comprised of excerpts of the transcripts of
depositions of Erik Martin, Greg Yeager, and Terry Jones that the City’s counsel requests be
designated as confidential.
3. The Protective Order defines Confidential Information at paragraph 4 to include
information, documents or material that are “protected by a statutory, regulatory, or common law
right of privacy or protection, or otherwise contain nonpublic personal, personnel,
employment…or other information implicating privacy interests…of the Plaintiff, any of the
Defendants, or other persons, including non-parties, providing discovery in this case…”.
4. The attached Exhibit A transcript portions designated by the City as confidential
relate to information about non-parties and to personnel information that is considered by and
treated by the City as confidential.
5. The public’s interest to view said documentation is substantially outweighed by the
privacy interests of non-parties to this matter, and the confidentiality of personnel matters of non-
parties as specified in the Protective Order entered in this case.
6. No alternative to restriction will adequately protect the privacy interests in question.
7. Defendants request a Level 1 restriction in accordance with D.C.COLO.LCivR
7.2(b) with respect to Exhibit A.
WHEREFORE, the City of Fort Collins respectfully moves this Court to restrict public
access to Exhibit A attached hereto as it relates to the City’s Motion for Designation of
Case 1:18-cv-03204-RBJ-NRN Document 85 Filed 02/21/20 USDC Colorado Page 2 of 4
3
Confidentiality Pursuant to Protective Order for the reasons stated above. A proposed Order is
filed herewith for the Court’s consideration.
Dated this 21st day of February, 2020.
Respectfully submitted,
s/ Cathy Havener Greer
___________________________
Cathy Havener Greer
Kathryn A. Starnella
Wells, Anderson & Race, LLC
1700 Broadway, Suite 1020
Denver, CO 80290
T: 303-830-1212
Email: cgreer@warllc.com
Email: kstarnella@warllc.com
Case 1:18-cv-03204-RBJ-NRN Document 85 Filed 02/21/20 USDC Colorado Page 3 of 4
4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on ____________, a true and correct copy of the above and foregoing
DEFENDANT CITY OF FORT COLLINS MOTION TO RESTRICT PUBLIC ACCESS
TO EXHIBIT A was electronically filed with the Clerk of Court using the CM/ECF system, which
will send notification of such filing to the following email addresses:
Jennifer Robinson, Esq.
Robinson & Associates Law Offices, LLC
7900 E. Union Avenue, Suite 1100
Denver, CO 80237
Email: jrobinson@raemployment.com
Attorneys for Plaintiff
Robert M. Liechty, Esq.
Robert M. Liechty PC
1800 Gaylord St
Denver, CO 80206
Email: rliechty@crossliechty.com
Attorney for Plaintiff
David R. DeMuro, Esq.
Vaughan & DeMuro
720 South Colorado Boulevard
Penthouse, North Tower
Denver, CO 80246
Email: ddemuro@vaughandemuro.com
Attorneys for Defendant Schiager
Sara L. Cook, Esq.
Vaughan & DeMuro
111 South Tejon, Suite 545
Colorado Springs, CO 80903
T: 719-578-5500
Email: scook@vaughandemuro.com
Attorneys for Defendant Schiager
S/ Carolyn P. Boulette
Carolyn P. Boulette
Email: cboulette@warllc.com
Case 1:18-cv-03204-RBJ-NRN Document 85 Filed 02/21/20 USDC Colorado Page 4 of 4