IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02343-MSK-MEH

CHERYL ARABALO,

Plaintiff,

v.

CITY OF DENVER, COUNTY OF DENVER, through its elected officials, the Denver City

Council,

ASHLEY KILROY, in his official capacity as Acting Safety Manager for the City and County of

Denver, 

CAPTAIN GUTIERREZ, and

PHILLIP DEEDS, 

Defendants.

STIPULATED PROTECTIVE ORDER

Michael E. Hegarty, United States Magistrate Judge.

Upon a showing of good cause in support of the entry of a protective order by and between

the parties to protect the discovery and dissemination of confidential information or information that

will improperly annoy, embarrass, or oppress any party, witness, 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 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. Information designated "CONFIDENTIAL" shall be information that is confidential

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and implicates common law and statutory privacy interests of any party or third party to these

proceedings. CONFIDENTIAL information shall not be disclosed or used for any purpose except

the preparation and trial of this case.

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

"CONFIDENTIAL information") 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;

(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) stenographic reporters who are engaged in proceedings necessarily incident to the conduct of this

action;

(g) persons whom counsel reasonably believes to be the authors, senders, addressees, and copy

recipients of, persons mentioned in such CONFIDENTIAL information, current or former

employees of the producing person and other persons with knowledge relating

to the information contained therein so long as (i) those persons have been identified in Colo. R.

Civ. P. 26(a) disclosures (or amendments thereto) and (ii) have agreed to abide by the terms of

this Protective Order pursuant to Paragraph 6, below;

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

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

5. Prior to disclosing any CONFIDENTIAL information to any person listed above

(other than counsel, persons employed by counsel, 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 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. Any information designated by a party as CONFIDENTIAL will first be reviewed

by counsel who will certify that the designation as CONFIDENTIAL is based on a good faith belief

that the information is confidential or otherwise entitled to protection.

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 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.

9. Either party may attempt to introduce into evidence relevant CONFIDENTIAL

information at the trial of this action, subject to whatever further protective orders the trial court

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imposes at the time of the offer. If any CONFIDENTIAL information is incorporated into a court

filing, the filing party will move in accordance with District of Colorado Local Civil Rule 7.2 for

leave to file the evidence with the Clerk of the Court under seal. Where possible, only

CONFIDENTIAL portions of the filings with the Court shall be under seal. To the extent that the

requirements of this paragraph are inconsistent with any applicable local rules concerning the filing

of materials under seal, then the local rules shall govern.

10. 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 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.

11. In the event of an inadvertent disclosure of CONFIDENTIAL information, or

privileged documents or information, by any party to this agreement, the parties agree that the right

to designate such materials as CONFIDENTIAL or to assert privilege will not be waived where the

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producing party notifies the other party of the inadvertent disclosure within a reasonable period of

time following discovery of the inadvertent disclosure. Upon notification of

an inadvertent disclosure of CONFIDENTIAL or privileged documents or information, the

producing party shall notify the receiving party of the inadvertent disclosure. Upon notification, the

receiving party shall promptly return or destroy the requested privileged materials and any copies

thereof.

12. At the conclusion of this case, unless other arrangements are agreed upon, each

document and all copies thereof which have been designated as CONFIDENTIAL shall be returned

to the party that designated it CONFIDENTIAL, or the parties may elect to destroy

CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL documents, the

destroying party shall provide all parties with an affidavit confirming the destruction.

13. 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 and entered at Denver, Colorado, this 5th day of June, 2012.

BY THE COURT:

Michael E. Hegarty

United States Magistrate Judge 

 

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STIPULATED AND AGREED TO THIS 31st DAY OF May, 2012.

Respectfully submitted, 

S/ Samuel E. Trapp

Samuel E. Trapp 

Christopher M. Freiburger

4732 Osage Beach Parkway 

P.O. Box 1680 

Osage Beach, MO 65065 

Telephone: (573) 348-2021 

Email: samt@trapplawfirm.com

Email: chrisf@trapplawfirm.com

ATTORNEYS FOR PLAINTIFF

Respectfully submitted,

S/ Cathy Havener Greer

Cathy Havener Greer

Kristin R. Anderson

Wells, Anderson & Race, LLC

1700 Broadway, Suite 1020

Denver, CO 80290

Telephone: (303) 830-1212

E-mail:cgreer@warllc.com; kanderson@warllc.com

ATTORNEYS FOR DEFENDANT 

CAPTAIN GUTIERREZ

Respectfully submitted,

S/ Robert D. Nespor

Robert D. Nespor, ACA

Jennifer L. Jacobson, ACA

Office of the City Attorney Litigation Section

201 W. Colfax Avenue, Dept. 1108

Denver, CO 80202-5332

Telephone: (720) 913-3100

Email: dlefiling.litigation@denvergov.org

ATTORNEYS FOR CITY OF DENVER AND

ASHLEY KILROY

 

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