1:07-cv-00340 | D. Colo. | Mar 20, 2007
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IN TI'IE UNITED STATES DISTRICT COUR'I`
FOR TI-IE DISTRICT OF COLORADO
Civil Action No. 07»cv-340-PSF-PAC
SCOTT B. SCHAFER,
Plaintiff,
v.
REGIONAL TRANSPORTATION DISTRICT (RTD),
Defendant.
STIPULATED PROTECTIVE ORDER
Plaintiff Scott Schafer (“Schafer” or “Plaintift”) and Defendant Regional
Transportation District (“RTD”), collectively referred to herein as the Parties, have
Stipulated to the terms of this Protective Order (hereinafter “Order”). This Order is
designed to preserve the confidentiality of certain testimony given by Plaintiff and
Defendant and certain information contained in documents produced by Plaintiff and
Defendant pursuant to the terms of this Order.
Upon a showing of good cause in support of the entry of a protective order to
protect the discovery and dissemination of confidential information, IT IS ST[PULATED
AND ORDERED:
1. 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.
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2. As used in this Protective Order, “document” is defined as provided in
Fed. R. Civ. P. 34(a). A draft or non-identical copy is a separate document Within the
meaning of this term.
3. Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law and statutory privacy interests, such as medical
records, psychological records, confidential business records or trade secrets, and
personnel information CONF[DENTIAL information shall not be disclosed or used for
any purpose except the preparation and trial of this case. Information designated by a
party as confidential must be reviewed by a lawyer, and the designation as
CONFIDENTIAL must be based on a good-faith belief that the information is
confidential or otherwise entitled to protection under Fed. R. Civ. P. 26(0)(7).
4. CONF]DENTIAL documents, materials, and/or information (collectively
“Confidential Inforrnation”) shall not, without the consent of the party producing it or
further Order of the Court, be disclosed except that such information may be disclosed to:
(a) attorneys actively working on this case;
(b) persons regularly employed or associated with the attorneys
actively working on the case whose assistance is required by said attorneys in the
preparation for trial, at trial, or at other proceedings in this case;
(c) the parties, including designated representatives for RTD;
(d) expert Witnesses and consultants retained in connection With this
proceeding, to the extent such disclosure is necessary for preparation, trial or other
proceedings in this case;
(e) the Court and its employees (“Court Personnel”);
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(f) stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;
(g) deponents, witnesses, or potential witnesses; and
(h) other persons by written agreement of the Parties.
5, Prior to disclosing any Confidential lnforrnation to any person listed above
(other than counsel, persons employed by counsel, Court Personnel and stenographic
reporters, and the parties, including representatives of RTD), counsel shall provide such
person with a copy of this Protective Order and obtain from such person a written
acknowledgment stating that he or she has read this Protective Order and agrees to be
bound by its provisions All such acknowledgments shall be retained by counsel and
shall be subject to in camera review by the Court if good cause for review is
demonstrated by opposing counsel.
6. Documents are designated as CONFIDENTIAL by placing or affixing on
them (in a manner that will not interfere with their legibility) the following or other
appropriate notice: “CONFIDENTIAL.”
7. Whenever a deposition involves the disclosure of Confidential
lnformation, the deposition or portions thereof shall be designated as CONFIDENTIAL
and shall be subject to the provisions of this Protective Order. Such designation shall be
made on the record during the deposition whenever possible, but a party may designate
portions of depositions as CONF[DENTIAL after transcription, provided written notice
of the designation is promptly given to all counsel of record within thirty (30) days after
notice by the court reporter of the completion of the transcript
8. A party may object to the designation of particular CONFIDENTIAL
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information by giving written notice to the party designating the disputed informationl
The written notice shall identify the information to which the objection is made. If the
parties cannot resolve the objection within ten (10) business days after the time the notice
is received, it shall be the obligation of the party designating the information as
CONFIDENTIAL to file an appropriate motion requesting that the Court determine
whether the disputed information should be subject to the terms of this Protective Order.
If such a motion is timely filed, the disputed information shall be treated as
CONF]DENTIAL under the terms of this Protective Order until the Court rules on the
motion. If the designating party fails to file such a motion within the prescribed time, the
disputed information shall lose its designation as CONF]DENTIAL and shall not
thereafter be treated as CONP[DENTIAL in accordance with this Protective Order. ln
connection with a motion filed under this provision, the party designating this
information as CONF[DENTIAL shall bear the burden of establishing that good cause
exists for the disputed information to be treated as CONF]DENTIAL.
9. In the event any party desires to file a document, brief, memorandum, or
any other paper with a court of competent jurisdiction that discloses any Confidential
lnformation, or the substance thereof, that party shall give the other party at least 10
days’ written notice before such filing is made. At that time, unless otherwise agreed to
in writing by the parties, the party filing the Confidential lnformation will file a motion
pursuant to D.C. Colo. L. Civ. R. 7.2 and 7.3 seeking leave of the Court to file the
materials under seal. It is the wish of the Parties that all such material so filed shall be
maintained by the clerk of the Court in the sealed envelope Or container with the
appropriate legend, or otherwise, and shall be released only upon Order of the Court.
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10. In the event any Confidential Information is used in any proceeding herein
or any subsequent court proceeding, including deposition subject to the rules of evidence,
the Federal Rules of Civil Procedure, and any other applicable law, such information shall
not lose its confidential status through such use, and the Parties shall take all steps
reasonably required to protect the confidentiality of such information during its use.
11. The provisions of this Order (and any supplements, amendments or
modifications thereof) concerning the use and disclosure of Confidential Information and
otherwise safeguarding the confidentiality of Confidential lnforrnation of the Parties shall
continue in effect after the conclusion of this action
12. Nothing contained in this Order shall affect the rights, if any, of either
party to make any other type of objection, claim or other response to any subsequent
discovery request, subpoena, or any question at a deposition, nor shall this Order be
construed as a waiver by either party of any legally cognizable privilege to withhold any
. document or information, or of any right which such Party may have to assert such
privilege at any stage of the proceedings
13. This Order shall be binding upon the parties from the date of execution
and has retroactive application
14. At the conclusion of this case, unless other arrangements are agreed upon,
each document and all copies thereof that have been designated as CONF]DENTIAL
shall be returned to the Party that designated it CONF]DENTIAL, or the Parties may elect
to destroy CONF[DENTIAL documents after maintaining such for three (3) years. Where
the parties agree to destroy CONF]DENTIAL documents, the destroying party shall
provide all parties with an affidavit confirming destruction
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15. T his Protective Order may be modified by the Court at any time for good
cause shown following notice to all parties and an opportunity for them to be heard.
16. The Stipulating Parties, by their undersigned counsel, stipulate and
consent to making an entry of this Order.
Dated: March _, 2007.
Respectfully submitted,
REGIONAL TRANSPORTATION DISTRICT
/s/ Jenifer M. Ross-Amato
Jenifer M. Ross-Amato,
Associate General Counsel
Rolf G. Asphaug,
Deputy General Counsel
Attorneys for Defendant RTD
1600 Blake Street
Denver, CO 80202
Telephone: (303) 299-2343
Email: jenifer.ross-amato@rtd-denver.com
This document wasjiled electronically The original
document and signature are on file in the undersigned ’s
o)j°ice.
ATTORNEYS FOR DEFENDANT REGIONAL
TRANSPORTATION DISTRICT
CHERYLIN K. VANDERGRIFT, LLC
/s/ Cherylin K. Vandergrift
Cherylin K. Vandergrift
350 Indiana Street, Suite 150
Golden, CO 80401
Telephone: (303) 271~0222
Email: cvandergrift@usa.net
This document wasfiled electronically Theoriginal
document and signature are on file in the undersigned ’s
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oj‘ice.
ATTORNEYS FOR
PLAINTIFF SCOTT SCHAFER
aff
Dated thiSQ_D day or l QM , 2007.
BY THE COURT:
United States District Court Magistrate Iudge
G assn .:t. che