United States District Court, D. Colorado
ESTATE OF JAIME CEBALLOS; QUIANNA VIGIL; NAVEYAH CEBALLOS, through next friend; and JAYDEN CEBALLOS, through next friend; Plaintiffs,
WILLIAM HUSK, individually; DANTE CARBONE, individually; and CITY OF THORNTON; Defendants.
HOLLAND HOLLAND EDWARDS & GROSSMAN Erica Grossman Attorney for Plaintiffs
SENTER GOLDFARB & RICE, LLC Eric M. Ziporin Courtney B. Kramer Attorneys for Defendants
STIPULATED PROTECTIVE ORDER
Richard P. Matsch, Senior District Judge
Each party and each counsel of record stipulate and move the Court for the entry of a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the treatment of Confidential Information, and, as grounds therefor, state as follows:
1. The nature of the claims, defenses, and damages asserted in this lawsuit involve discovery of documents and information containing Confidential Information (as defined in paragraph four below).
2. The purpose of this Protective Order is to preclude disclosure of Confidential Information to any person or entity not subject to this litigation as defined in this Protective Order. The disclosure of such information outside the scope of this litigation could result in significant injury to one or more of the parties’ business or privacy interests.
3. The parties have entered into this stipulation and request the Court to enter the within Protective Order for the purpose of preventing the disclosure and use of Confidential Information except as set forth herein, and prohibiting the parties from using or disclosing the Confidential Information for any purpose other than this litigation.
4. “Confidential Information” means any document, file, portions of files, recordings, deposition or transcribed testimony, or response to a discovery request, including any extract, abstract, chart, summary, note, or copy made therefrom, which contains information that is confidential and implicates common law and statutory privacy interests of the individuals who are named, and may include, but is not necessarily limited to internal affairs investigation files, if applicable, personnel files, medical records, employment records, or other records that may pertain to any party or third-party, which are not made available to the public, as to which a reasonable expectation of privacy or confidentiality exists, and which is designed as confidential.
5. 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).
6. When Confidential Information is produced, provided or otherwise disclosed by a Party in response to any discovery request, it will be designated in the following manner by:
a. imprinting the word “Confidential” or “Subject to Protective Order” on the first page or cover of any document produced;
b. imprinting the word “Confidential” or “Subject to Protective Order” next to or above any response to a discovery request; and
c. designating deposition testimony as “Confidential” or “Subject to Protective Order” or containing “Confidential Information” on the record at the time of the deposition, or by designating portions of depositions as “Confidential” after transcription, provided written notice of the designation is given to all counsel of record within thirty (30) days after notice by the court reporter of the completion of the transcript.
7. All Confidential Information provided by a party in response to a discovery request or transcribed testimony shall be subject to the following ...