IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No.: 11-CV-2639-MSK-CBS

SHERRY L. DERAY, as Personal Representative of the Estate of JOHN R. WINKLER,
Plaintiff,
v.

CITY OF COLORADO SPRINGS, RICHARD MYERS, RONALD SHEPPARD, CARLOS
SANDOVAL and JOHN HAVENAR,

Defendants.

STIPULATED PROTECTIVE ORDER

IT IS HEREBY STIPULATED AND AGREED, by and between the respective
parties hereto and their counsel of record, that Defendants John Havenar, Carlos
Sandoval, and Ronald Sheppard will produce their personnel and/or IA records in
Response to Plaintiffs Request for Production of Documents. Since the materials
referred to above are claimed as privileged but Plaintiff does not wish to delay
production to argue this point, the production of the documents by the defendants
and use of the documents by Plaintiff and her counsel will be agreed pursuant to the

following terms, restrictions and conditions:


1. Information obtained by the plaintiff and her counsel from the documents
and the documents themselves shall be used only for the purpose of prosecuting this
action and only this action.

2. Absent a court order, Plaintiff and her counsel agree that the documents
and the information obtained from the documents shall not be released to any other
person, with the exception of an individual assisting counsel in preparation for or at the
trial of this action or a person who is expressly retained by Plaintiff or her counsel for
the purpose of testifying or giving opinions in this litigation.

3. Whenever a deposition invoives the disclosure of CONFIDENTIAL
information, as clearly identified at the time by defense counsel, 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 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.

4. The production of such documents or information by the parties shall not
constitute a waiver of any privilege, or claim or confidentiality.

5. Within thirty (30) days after the conclusion of this litigation, unless other
arrangements are agreed upon, each document and copies thereof produced from the
personnel or IA files of the 3 specified Defendants shall be returned to the City.

Moreover, copies of all deposition transcripts referring to the CONFIDENTIAL


documents shall be sealed by counsel and shall be subject to the terms and provisions

of paragraph 2 above of this Protective Order.

6. This Confidentiality Agreement survives this case for the purpose of

enforcement.

Dated this 25 day of ¢ WR ee '

Protective Order Approved:

s/_Ron J. Robinson

Ron J. Robinson

Ron Robinson, P.C.

1155 Kelly Johnson Blvd., Suite 111
Colorado Springs, CO 80920
Telephone: (719) 330-6677

Fax: (719) 265-9298

Email: ron@robinsonlaw.com
Counsel for Plaintiff

s/_Shane White

Shane White, Deputy City Attorney
Colorado Springs City Attorney’s Office
P.O. Box 1575, Mail Code 510

30 South Nevada Avenue, Suite 501
Colorado Springs, CO 80901-1575
Telephone: (719) 385-5909

Fax: (719) 385-5535

Email: cattorney@springsgov.com
Counsel for Defendants

BY THE COURT:

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Pee ee

No A
Craig B. Shaffer
United States Magistrate Judge