Opinion
Civil Action No. 11-cv-01368-LTB-KMT
03-29-2012
KEITH KEMP, individually and as personal representative of the Estate of Jason Kemp, and CONNIE KEMP, individually, Plaintiffs, v. IVAN LAWYER, a Trooper fo the Colorado State Patrol, in his individual capacity, KIRK FIRKO, a Corporal of the Colorado State Patrol, in his individual capacity, CHAD DUNLAP, a Sergeant of the Colorado State Patrol, in his individual capacity, and JOHN DOE, employee of the Colorado State Patrol, in his/her individual capacity, Defendants.
Magistrate Judge Kathleen M. Tafoya
MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
This matter is before the court on the "Stipulated Motion for Protective Order Between Plaintiff and Defendant Chad Dunlap." (Doc. No. 98, filed Mar. 28, 2012.) The Motion is DENIED and the proposed Protective Order is REFUSED. Plaintiffs and Defendant Dunlap are granted leave to submit a motion for protective order and revised form of protective order consistent with the comments contained here.
Gillard v. Boulder Valley School District, 196 F.R.D. 382 (D. Colo. 2000), set out certain requirements for the issuance of a blanket protective order such as the one sought here. Among other things, any information designated by a party as confidential must first be reviewed by a lawyer 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." Gillard, 196 F.R.D. at 386. The proposed Protective Order does not comply with this requirement established in Gillard.
Therefore, it is ORDERED that the Motion for Protective Order (Doc. No. 98) is DENIED without prejudice, and the proposed Protective Order is REFUSED.