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Villanueva v. City of Fountain

United States District Court, D. Colorado

February 16, 2016

RICHARD VILLANUEVA Plaintiff,
v.
CITY OF FOUNTAIN, CITY OF FOUNTAIN FIRE DEPARTMENT, and DARIN ANSTINE, in his individual and official capacities, Defendants.

AMENDED STIPULATED PROTECTIVE ORDER (DOCKET NO. 32-1)

The Court enters the following Protective Order pursuant to Fed.R.Civ.P. 26(c).

1. In this action, certain Confidential Information will be disclosed or sought during the course of discovery, including the health information of third parties and records concerning third-party employees of Defendant City of Fountain. The Parties further anticipate that there may be questioning concerning such Confidential Information in the course of depositions and/or during trial. The Parties agree that the disclosure of such information outside the scope of this litigation could result in significant injury to one or more of the Parties' or a third party's business or privacy interests. The Parties have therefore entered into this Stipulation and have requested that the Court enter this Protective Order for the purpose of preventing the disclosure and use of this Confidential Information except as set forth herein.

2. This Protective Order shall apply to all documents, materials, and information, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure.

3. As used herein, the term "document" means a writing, as defined in F.R.E. 1001 and includes the original or a copy of handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them.

4. "Confidential Information" means any document, record, file, portions of files, transcribed testimony, or response to a discovery request, including any extract, abstract, chart, summary, note, or copy made therefrom that contains or discusses:

a. "Individually identifiable health information" (as defined by 45 C.F.R. § 160.103) of a third party; or
b. Personnel records or information of third-party employees of the City of Fountain, including but not limited to the results of annual EMS testing or any proposed or imposed disciplinary actions for such employees; and that is designated by a Party as "Confidential Information" in the manner provided in Paragraph 5.

5. When Confidential Information is produced, provided or otherwise disclosed by a Party, it will be designated as such in the following manner:

a. By placing or affixing on the word "Confidential" on each page containing any Confidential Information (in a manner that will not interfere with the document's legibility);
b. By imprinting the word "Confidential" next to or above any response to a written discovery request; and
c. With respect to transcribed testimony, by giving written notice to opposing counsel designating such portions containing Confidential Information as "Confidential" no later than 14 calendar days after receipt of the transcribed testimony.

6. Confidential Information as identified in Paragraph 4 and 5 above shall be subject to the following restrictions:

a. It shall be used only for the purpose of this litigation and not for any business or other purpose whatsoever; and
b. It shall not be communicated or disclosed by any Party, their attorney or any expert in any manner, either directly or indirectly, to anyone except for purposes of ...

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