-1- 

IN THE UNITED STATES DISTRICT COURT 

 FOR THE DISTRICT OF COLORADO 

Civil Action No. 11-cv-01950-RBJ-CBS 

TERESA GARCIA, 

 Plaintiff, 

v. 

ARAPAHOE COUNTY SHERIFF’S OFFICE, 

J. GRAYSON ROBINSON, in his personal capacity, 

DAVID WALCHER, in his personal capacity, 

VINCE LINE, in his personal capacity 

DAVID WELLMAN, in his personal capacity 

TOM McNIVEN, in his personal capacity 

MARK CAMPBELL, in his personal capacity 

Defendants 

STIPULATED PROTECTIVE 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 or information that (1) may be entitled 

to confidential treatment under the Privacy Act, 5 U.S.C. § 552a; (2) may otherwise intrude on 

the privacy interests of third parties; or (3) which will improperly annoy, embarrass, or oppress 

any party, witness, third party, or person providing discovery in this case, 

IT IS ORDERED: 

1. This Protective Order shall apply to all documents, materials, and information, including 

without limitation, documents produced, answers to interrogatories, responses to requests 

Case 1:11-cv-01950-RBJ-CBS Document 33 Filed 02/02/12 USDC Colorado Page 1 of 6
-2- 

for admission, deposition testimony, and other information disclosed pursuant to the 

disclosure or discovery duties created by the Federal Rules of Civil Procedure. 

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. Documents, material and information designated "CONFIDENTIAL" shall be 

documents, material and information that is confidential or implicates common law or 

statutory privacy interests, including confidential or private medical and/or mental health 

information, financial or tax information, information on discipline or termination from 

employment, information protected under the Colorado Open Records Act or the 

Colorado Criminal Justice Records Act, information contained in personnel files of 

individuals who are not parties to this lawsuit, or arrest and criminal records information 

of (a) Plaintiff, and; (b) Defendant and current or former employees of the Defendant; 

and (c) all third parties to this action. Confidential information shall not be disclosed or 

used for any purpose except the preparation and trial of this case, and except as 

authorized by the strict terms of this Protective Order. 

4. The parties note that some confidential and/or private information may have been 

previously disclosed or produced, or discovered informally in this case. The parties shall 

have thirty (30) business days after the Court issues this Proposed Protective Order to 

specifically identify and designate, in writing, by description and by Bates number, if 

available, all previously disclosed, produced, and/or discovered CONFIDENTIAL 

Case 1:11-cv-01950-RBJ-CBS Document 33 Filed 02/02/12 USDC Colorado Page 2 of 6
-3- 

information. During this thirty (30) business day period, all information that has been 

previously disclosed or produced, or discovered informally or through deposition in this 

case, shall be presumed to be CONFIDENTIAL information. Any such information that 

has not been identified and designated, in writing, as CONFIDENTIAL information at 

the expiration of this thirty (30) business day period shall lose its presumptive 

characterization as CONFIDENTIAL information. 

5. CONFIDENTIAL documents, materials, and/or information (collectively 

 "CONFIDENTIAL information") identified in accordance with paragraph 3 of this 

 Protective Order 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 and attorneys employed by Plaintiff or 

Defendants; 

(b) persons regularly employed or associated with the attorneys actively working 

on the case whose assistance is required by the attorneys in the preparation for 

trial, at trial, or at other proceedings in this case; 

(c) the parties, including the employees for the Sheriff of Arapahoe County, 

Colorado who have information relevant to the issues involved in this lawsuit. 

(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"); 

(f) court reporters who are engaged in proceedings necessarily incident to the 

conduct of this action; 

Case 1:11-cv-01950-RBJ-CBS Document 33 Filed 02/02/12 USDC Colorado Page 3 of 6
-4- 

(g) deponents, witnesses, or potential witnesses; and 

(h) other persons by written agreement of the parties. 

6. Prior to disclosing any CONFIDENTIAL information to any person listed above (other 

 than counsel, persons employed by counsel, the respective parties to this case, Court 

 Personnel and stenographic reporters), 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 opposing counsel demonstrates good cause for review as demonstrated by 

 opposing counsel. 

7. 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," or as designated pursuant to paragraph 4 above. Any such 

 designation must first be reviewed by an attorney, and the designation shall be deemed a 

 certification by the designating party's attorney that the designation as confidential is 

 based on a good-faith belief that the information is confidential, including, without 

 limitation, what is described in this Order or otherwise entitled to protection under 

 Fed.R.Civ.P. 26(c)(1)(G). 

8. Whenever a deposition involves the disclosure of CONFIDENTIAL information, 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 CONFIDENTIAL after transcription, provided written notice of the 

Case 1:11-cv-01950-RBJ-CBS Document 33 Filed 02/02/12 USDC Colorado Page 4 of 6
-5- 

 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, or within thirty (30) days after 

 entry of this Order, whichever is later. 

9. A party may object to the designation of particular CONFIDENTIAL information by 

 giving written notice to the party designating the disputed information. 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 within 20 business days 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 

 CONFIDENTIAL 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 CONFIDENTIAL and shall not 

 thereafter be treated as CONFIDENTIAL in accordance with this Protective Order. In 

 connection with a motion filed under this provision, the party designating the information 

 as CONFIDENTIAL shall bear the burden of establishing that good cause exists for the 

 disputed information to be treated as CONFIDENTIAL. 

10. Should the parties desire to submit to the Court any CONFIDENTIAL information 

 (whether in a discovery dispute, on the merits, or otherwise), any such documents or 

 information shall be filed under seal with the Clerk of the Court in accordance with 

 D.C.COLO.LCivR 7.2 and 7.3. or any other rules promulgated by the United States 

 District Court for the District of Colorado in effect at the time the documents are filed. 

Case 1:11-cv-01950-RBJ-CBS Document 33 Filed 02/02/12 USDC Colorado Page 5 of 6
-6- 

11. At the conclusion of this case and any possible appeal or other judicial review, unless 

 other arrangements are agreed upon, each document and all copies thereof which have 

 been designated as CONFIDENTIAL shall be retained in a secure location by the 

 possessing counsel and continue to be subject to the terms of this Order or such d

 documents shall be destroyed in a manner mutually agreeable to the parties. 

12. Nothing in this Protective Order may be taken or construed as a ruling or statement 

 concerning the admissibility of any documents or information. 

13. By executing this Stipulated Protective Order, neither party waives any objection he or it 

 may have to producing any document or information during disclosure or discovery. 

14. This 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. 

DATED this 2nd day of January, 2012. 

BY THE COURT: 

s/Craig B. Shaffer 

United States Magistrate Judge 

APPROVED: 

 s/ Joseph A. Salazar s/ Robin Cochran 

THE SALAZAR CONSULTANT 

GROUP, LLC 

Joseph A. Salazar, Esq. 

2318 E. 116th Avenue 

Thornton, Colorado 80233 

 (303) 895-7044 

(303) 452-5601 (fax) 

jsalazarlaw@hotmail.com 

Attorney for Plaintiff 

 Robin Cochran 

Asst. Arapahoe County Attorney 

5334 S. Prince Street 

Littleton, CO 80120-1136 

(303) 795-4639 

(303) 738-7836 (fax) 

RCochran@co.arapahoe.co.us 

Attorney for Defendants 

Case 1:11-cv-01950-RBJ-CBS Document 33 Filed 02/02/12 USDC Colorado Page 6 of 6