IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Civil Action No. 11-cv-2394-WJM-CBS 

(Consolidated with Civil Action Nos. 11-cv-2395, 11-cv-2396, 11-cv-2397) 

ANA ALICIA ORTEGA, 

KELLY BOREN, 

KRISTAL CARRILLO, 

SHARELLE C. THOMAS, 

 Plaintiffs, 

v. 

THE CITY AND COUNTY OF DENVER, a municipality, 

OFFICER RICKY NIXON, in his individual and official capacity, 

OFFICER KEVIN DEVINE, in his individual and official capacity, 

OFFICER JOHN DOE ONE, a Denver Police Department Internal Affairs Bureau Police 

Officer, in his/her individual and official capacity, 

OFFICER JOHN DOE TWO, a Denver Police Department Internal Affairs Bureau Police 

Officer, in his/her individual and official capacity, 

 Defendants. 

STIPULATED PROTECTIVE ORDER 

______________________________________________________________________________ 

1. In this action, at least one of the Parties has sought and/or is seeking 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 or privacy interests. The Parties have entered into this Stipulation and 

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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 - not made available to the public - and designated by 

one of the Parties in the manner provided in paragraph 3 below as containing: 

a. the Parties and/or their representatives’ personnel files; 

b. internal affairs investigation files; 

c. witness statements; and 

d. medical records. 

3. Where 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: 

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 a discovery 

request; and 

c. With respect to transcribed testimony, by giving written notice to opposing counsel 

designating such portions as “Confidential” no later than thirty calendar days after receipt of the 

transcribed testimony. 

 4. All Confidential Information provided by a Party shall be subject to the following 

restrictions: 

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a. It shall be used only for the purpose of this litigation and not for any business or other 

purpose whatsoever; 

b. It shall not be communicated or disclosed by any Party’s counsel or a Party in any 

manner, either directly or indirectly, to anyone except for purposes of this case and unless an 

affidavit in the form of Exhibit A has been signed. 

c. Confidential Information shall not be disclosed, revealed, leaked to the media 

(inadvertently or otherwise), or used for any purpose except the preparation and trial of this case. 

5. Individuals authorized to review Confidential Information pursuant to this 

Protective Order shall hold Confidential Information in confidence and shall not divulge the 

Confidential Information, either verbally or in writing, to any other person, entity or government 

agency unless authorized to do so by court order. 

6. The Party’s counsel who discloses Confidential Information shall be responsible 

for assuring compliance with the terms of this Protective Order with respect to persons to whom 

such Confidential Information is disclosed and shall obtain and retain the original affidavits 

signed by qualified recipients of Confidential Information, and shall maintain a list of all persons 

to whom any Confidential Information is disclosed. 

7. During the pendency of this action, opposing counsel may upon court order or 

agreement of the parties inspect the list maintained by counsel pursuant to paragraph 6 above 

upon a showing of substantial need in order to establish the source of an unauthorized disclosure 

of Confidential Information and that opposing counsel are unable otherwise to identify the 

source of the disclosure. If counsel disagrees with opposing counsel’s showing of substantial 

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need, then counsel may seek a court order requiring inspection under terms and conditions 

deemed appropriate by the Court. 

8. No copies of Confidential Information shall be made except by or on behalf of 

counsel in this litigation and such copies shall be made and used solely for purposes of this 

litigation. 

9. During the pendency of this litigation, counsel shall retain custody of Confidential 

Information, and copies made therefrom pursuant to paragraph 8 above. 

10. If opposing counsel objects to the designation of certain information as 

Confidential Information, he or she shall promptly inform the other parties’ counsel in writing of 

the specific grounds of objection to the designation. All counsel shall then, in good faith and on 

an informal basis, attempt to resolve such dispute. If after such good faith attempt, all counsel are 

unable to resolve their dispute, opposing counsel may move for a disclosure order consistent 

with this Order. Any motion for disclosure shall be filed within thirty days of receipt by counsel 

of notice of opposing counsel's objection, and the information shall continue to have 

Confidential Information status from the time it is produced until the ruling by the Court on the 

motion. 

Use of Confidential Information in Court Proceedings 

11. In the event Confidential Information is used in any court filing or proceeding in 

this action, including but not limited to its use at trial, it shall not lose its confidential status as 

between the parties through such use. Confidential Information and pleadings or briefs quoting 

or discussing Confidential Information will not be accepted for filing “under seal” or otherwise 

kept out of the public record in this action, however, except by court order issued upon motion of 

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the party seeking to file the documents under seal. Any motion requesting leave to file 

documents under seal shall comply with the requirements of D.C.COLO.LCivR 7.3 and 

demonstrate that the Confidential Information at issue is entitled to protection under the 

standards articulated in Nixon v. Warner Communications, Inc., 435 U.S. 589, 598-602 

(1978)(applied in United States v. Hickey, 767 F.2d 705, 708 (10th Cir. 1985) and Crystal 

Grower’s Corp. v. Dobbins, 616 F.2d 458, 461 (10th Cir. 1980)). 

12. The termination of this action shall not relieve counsel or other persons obligated 

hereunder from their responsibility to maintain the confidentiality of Confidential Information 

pursuant to this Protective Order, and the Court shall retain continuing jurisdiction to enforce the 

terms of this Protective Order. 

13. By agreeing to the entry of this Protective Order, the Parties adopt no position as 

to the authenticity or admissibility of documents produced subject to it. 

14. Upon termination of this litigation, including any appeals, each Party’s counsel 

shall immediately return to the producing party all Confidential Information provided subject to 

this Protective Order, and all extracts, abstracts, charts, summaries, notes or copies made 

therefrom. At that time, counsel shall also file under seal with this Court the list of individuals 

who have received Confidential Information which counsel shall have maintained pursuant to 

paragraph 6 herein, and counsel shall provide the Court with verification that any of counsel's 

work product referencing Confidential Information has been destroyed. 

15. Nothing in this Protective Order shall preclude any Party from filing a motion 

seeking further or different protection from the Court under Rule 26(c) of the Federal Rules of 

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Civil Procedure, or from filing a motion with respect to the manner in which Confidential 

Information shall be treated at trial. 

 DATED this 12th day of December, 2011. 

 

 BY THE COURT:

 s/Craig B. Shaffer 

 United States Magistrate Judge 

STIPULATED AND AGREED TO: 

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s/ Qusair Mohamedbhai 

Qusair Mohamedbhai 

Siddhartha H. Rathod 

RATHOD MOHAMEDBHAI, LLC 

1518 Blake Street 

Denver, CO 80202 

(303) 578-4400 

qm@rmlawyers.com 

sr@rmlawyers.com 

Counsel for Plaintiffs 

s/ Thomas S. Rice 

Thomas S. Rice 

Ashley M. Kelliher 

Senter Goldfarb & Rice, L.L.C. 

1700 Broadway, Suite 1700 

Denver, CO 80290 

(303) 320-0509 

trice@sgrllc.com 

akelliher@sgrllc.com 

Counsel for Defendant City and County of Denver 

s/ Brian R. Reynolds 

Brian R. Reynolds 

Bruno, Colin, Jewell & Lowe, P.C. 

1999 Broadway, #3100 

Denver, CO 80202 

(303) 831-1099 

breynolds@bcjlpc.com 

Counsel for Defendants Nixon and Devine 

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WRITTEN ACKNOWLEDGEMENT

 

 1. I, ______________________________, received a copy of and read the 

Stipulation and Protective Order in Ana Ortega, et al. v. City and County of Denver, et al., Civil 

Action No. 11-cv-2394-WJM-CBS, a copy of which is attached to this Acknowledgement and 

agree to abide by the terms of said Stipulation and Protective Order. 

 2. I have been informed by _______________________________, Esq., counsel for 

____________________________________, that the materials described in the list attached to 

this Written Acknowledgment are CONFIDENTIAL Information as defined in the Stipulation 

and Protective Order. 

 3. I have not and will not divulge, or undertake to divulge to any person or recording 

device, any CONFIDENTIAL Information shown or told to me except as authorized in the 

Stipulation and Protective Order. I will not use the CONFIDENTIAL Information for any 

purpose other than this litigation. 

 _________________________________________ 

 (Signature) 

 _________________________________________ 

 (Print or Type Name) 

 Address: 

 _________________________________________ 

 _________________________________________ 

 Telephone No.: (_____) _____________________ 

 

00577457 

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