United States District Court, D. Colorado
BRICEA. TONDRE, Brice A. Tondre PC On behalf of Plaintiff Trey Sheets
SENTERGOLDFARB & RICE, LLC, Eric M. Ziporin On behalf of Defendant City of Steamboat Springs
WELLS ANDERSON & RACE, LLC, Cathy Havener Greer On behalf of Defendant Ross Blank
STIPULATION AND PROTECTIVE ORDER
JOHN L. KANE, SENIOR U.S. DISTRICT COURT JUDGE
Each party and each Counsel of Record stipulate and move the Court for a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the treatment of Confidential Information (as hereinafter defined) and, as grounds therefore, state as follows:
1. In this action, at least one of the Parties will produce or has sought and/or may seek Confidential Information (as defined in paragraph 2 below). The Parties also anticipate seeking additional Confidential Information during discovery and that there will be questioning concerning Confidential Information in the course of depositions. The Parties assert the disclosure of such information outside the scope of this litigation could result in significant injury to one or more of the Parties’ business, security, safety, or privacy interests. The Parties have entered into this Stipulation and request the Court enter the within Protective Order for the purpose of preventing the disclosure and use of Confidential Information except as set forth herein.
2. “Confidential Information” means any document, file, portions of files, transcribed testimony, or response to a discovery request, including any extract, abstract, chart, summary, note, or copy made therefrom, which contains information that a party believes is confidential and implicates common law and statutory privacy interests of the individuals who are named and which are not made available to the public, as to which a reasonable expectation of privacy or confidentiality exists, including, but not limited to:
a. Individual Defendant’s personnel documents.
b. Personnel documents related to other employees of the Steamboat Springs Police Department.
c. Plaintiff’s Medical Records
3. Information designated as Confidential must first be reviewed by the attorney for the designating party, who must have a good faith belief that the information is confidential or otherwise entitled to protection under Fed.R.Civ.P. 26(c). Gillard v. Boulder Valley Sch Dist., 196 F.R.D. 382, 386 (D. Colo. 2000).
4. Where Confidential Information is produced, provided, or otherwise disclosed by the Parties in response to any discovery request, it will be designated in the following manners:
a. By imprinting the word “Confidential” on the first page or cover of any document produced;
b. By imprinting the word “Confidential” next to or above any response to ...