IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-CV-2285-MSK-BNB

CENTER FOR LEGAL ADVOCACY, d/b/a

THE LEGAL CENTER FOR PEOPLE WITH 

DISABILITIES AND OLDER PEOPLE,

Plaintiff,

v.

REGGIE BICHA, 

in his official capacity as Executive Director 

of the Colorado Department of Human Services, and

TERESA A. BERNAL, 

in her official capacity as Interim Superintendent 

of the Colorado Mental Health Institute at Pueblo,

Defendants.

STIPULATED PROTECTIVE ORDER 

WHEREAS, Plaintiff and Defendants stipulate to the entry of this protective order (1) to

facilitate discovery in this action (the “Litigation”) without document-by-document controversy

concerning confidentiality, (2) to protect identifying information and protected health

information concerning individuals awaiting treatment or evaluation at the Colorado Mental

Health Institute at Pueblo or at other locations from public disclosure, and (3) to ensure the

protection of confidential material, including confidential medical and psychiatric information,

and for good cause shown, IT IS HEREBY ORDERED:

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1. This Stipulated Protective Order (“Order”) shall govern the handling of all

documents, electronically stored information, tangible things, discovery responses, and

deposition testimony, including all copies, excerpts and summaries thereof disclosed or

exchanged during this Litigation pursuant to the disclosure or discovery duties provided by the

Federal Rules of Civil Procedure (collectively, “Material”).

2. The provisions of this Order shall apply to any “person,” which, as used herein,

shall include all parties to this Litigation and any other person or entity receiving, producing or

disclosing Material in this Litigation.

3. This Order applies to all Material entitled to protection pursuant to Rule

26(c)(1), Fed. R. Civ. P., or by law (“Confidential Material”). containing patient identifying

information and/or protected health information. 

4. “Confidential Material” is defined as Material containing non-public, sensitive, or

confidential information, including, but not limited to, personal protected health information

relating to current or future patients of CMHIP or its contracted providers. 

5. With respect to documents, electronically stored information, tangible things, and

discovery responses, all information containing Confidential Material protected health

information, including mental health information shall be maintained Confidential. When a

deposition involves the disclosure of Confidential Material, the portions of the deposition that

disclose such Confidential Material shall be designated as “CONFIDENTIAL” and shall be

subject to the provisions of this Stipulated Protective Order. 

6. Persons receiving or obtaining access to the Confidential Material shall use such

Materials solely for the purpose of prosecuting or defending this Litigation and not for any

business or other purpose whatsoever. Except as otherwise provided, Confidential Material shall

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not be given, shown, made available or communicated in any way to anyone, except the

following persons:

a. counsel of record for the parties and attorneys, paralegal, clerical,

secretarial, or other staff employed by such counsel who are assisting in the conduct of

this Litigation;

b. the named parties and those officers and employees of the parties deemed

necessary to aid counsel in the conduct of this Litigation;

c. the District Court presiding over this Litigation and/or any appellate court

hearing any possible appeals from this Litigation, judicial officers, and court personnel;

d. mediators and their employees used in connection with any Alternative

Dispute Resolution Process or any efforts to mediate this Litigation;

e. court reporters and their employees used in connection with the conduct of

this Litigation;

f. subject to paragraph 9 below, witnesses other than the named parties

during any interview, deposition, hearing, or informal meeting conducted by counsel for

a party;

g. subject to paragraph 9 below, experts and consultants (including their

employees, associates or staff) specifically retained by a party to perform work in

connection with the prosecution or defense of this Litigation; and

h. subject to paragraph 9 below, any other person designated by the Court

after appropriate motion and hearing or agreed to by the parties in writing.

9. Before any party discloses Confidential Material to any person pursuant to

subparagraphs 8(f), (g), and (h) above, counsel for such party shall provide such person with a

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copy of this Order, and shall require that the person acknowledge and agree that he or she (and

any entity he or she may represent) has read and understood the terms of this Order, and agrees

to be fully subject to and bound by its terms and conditions by executing the form

Acknowledgement and Confidentiality Agreement attached hereto as Exhibit A (the

“Acknowledgement”). It shall be the responsibility of counsel providing access to Confidential

Material to retain a signed copy in counsel’s files. In the event there is a dispute about a possible

breach of the confidentiality provisions of this Order, the form executed by the individual who is

the subject of the dispute shall be made available to the Court for in camera review. 

10. All motions to seal must comply with the requirements of D.C.COLO.LCivR

7.2. In the event a party wishes to use Confidential Material in any affidavits, briefs,

memoranda of law, or other papers filed in Court in this Litigation, such Confidential Material

used therein shall be filed under seal with the Court. The Clerk of this Court is directed to

maintain under seal all Confidential Material that has been properly filed under seal with the

Court in this Litigation.

11. If a person inadvertently discloses Confidential Material to anyone other than the

persons set forth in paragraph 8, such disclosure shall be reported in writing to the person who

designated the information as Confidential Material. In that event, counsel for the person who

made the inadvertent disclosure shall make all reasonable efforts to retrieve the Confidential

Material and any documents containing such Confidential Material and to obtain the agreement

of persons to whom the inadvertent disclosure was made to treat the Confidential Material in

accordance with the terms of this Order.

12. Nothing in this Order shall operate to waive any person’s right to object to the

production of information or documents that are subject to a good faith assertion of attorneyCase 1:11-cv-02285-NYW Document 19 Filed 11/14/11 USDC Colorado Page 4 of 8
client privilege, work product immunity, or any other applicable, recognized privilege or

protection. Nor shall compliance with the terms of this Order operate as an admission by any

party that any particular document is or is not (a) confidential; (b) privileged; or (c) admissible

under the Federal Rules of Evidence. 

13. Because this Order concerns the protection of identifying health information for

third parties who are not named in this case, all protected health information shall remain

confidential throughout the case. The Parties agree to only use or disclose the information for

purposes of this litigation. 

14. At the conclusion of this case, including all appeals, unless other arrangements

are agreed upon, each document and all copies that contain confidential protected health

information shall be returned to the Department of Human Services within sixty (60) days of the

final resolution, or it may be destroyed. Upon request, each receiving person shall provide the

producing person an affidavit certifying that all Confidential Material, including copies, has been

returned or destroyed pursuant to the provisions of this paragraph.

15. Nothing in this Order shall prevent any party from moving to modify the terms of

this Order upon good cause shown.

Dated November 14, 2011.

BY THE COURT:

 s/ Boyd N. Boland 

United States Magistrate Judge

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AGREED ON BEHALF OF PLAINTIFF AND DEFENDANTS

DATED: _______________, 2011

JOHN W. SUTHERS

Attorney General

/s/ _Alicia R. Calderón_____

Alicia R. Calderón

First Assistant Attorney General

Tanya E. Smith

Assistant Attorney General

Human Services Unit

States Services Section

1525 Sherman St., 7th Floor

Denver, CO 80203

(303) 866-5228

alicia.calderon@state.co.us

tanya.smith@state.co.us

Attorneys for Defendants Reggie Bicha and

Teresa A. Bernal, in their official capacity

only

/s/ Jason M. Lynch

Iris Eytan

Jason M. Lynch

Caleb Durling

REILLY POZNER LLP

1900 Sixteenth Street, Suite 1700

Denver, CO 80202

(303) 893-6100

ieytan@rplaw.com

jlynch@rplaw.com

cdurling@rplaw.com

/s/ Marcus J. Lock

Marcus Lock

WILDERSON LOCK & HILL LLC

525 North Main Street

Gunnison, CO 81230

(970) 641-1903

Mlock@lawoftherockies.com

Case 1:11-cv-02285-NYW Document 19 Filed 11/14/11 USDC Colorado Page 6 of 8
Chester R. Chapman

Mark J. Ivandick

THE LEGAL CENTER FOR PEOPLE WITH

DISABILITIES

455 Sherman St., Suite 130

Denver, CO 80203

(303) 722-0300

rchapman@thelegalcenter.org

ivandick@thelegalcenter.org

Attorneys for Plaintiff Legal Center

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EXHIBIT “A”

ACKNOWLEDGEMENT AND CONFIDENTIALITY AGREEMENT

I, ___________, state that:

a. My address is_____________________________________________________.

b. My present employer is _____________________________________________.

c. My present occupation or job description is _____________________________

______________________________________________________________________ .

d. I have received a copy of the Stipulated Protective Order (the “Agreement”) stipulated and

agreed to on _______________________.

e. I have carefully read and understand the provisions of the Agreement.

f. I will comply with all of the provisions of the Agreement.

g. I will hold in confidence, will not disclose to anyone not qualified under the Agreement, and

will use only for purposes of this action, any Confidential Information that is disclosed to me.

h. I will return all Confidential Information that comes into my possession, and documents or

things that I have prepared relating thereto, to counsel for the Party by whom I am employed or

retained, or to counsel from whom I received the Confidential Information.

Dated: _________________ _____________________

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