United States District Court, D. New Mexico
STIPULATED CONFIDENTIALITY ORDER
LOURDES A. MARTÍNEZ UNITED STATES MAGISTRATE JUDGE.
MATTER is before the Court on the parties' Unopposed
Motion for a Stipulated Confidentiality Order (Doc.
42), filed December 5, 2016. Having considered the
motion and the parties' proposed Stipulated
Confidentiality Order, the Court FINDS that the following
Stipulated Confidentiality Order shall be entered.
the Parties, Plaintiffs Tierra Blanca Ranch High Country
Youth Program, Scott Chandler, Colette Chandler, and Bryce
Hall and Defendant Felipe Gonzales (the “Parties,
” each a “Party”) are engaged in discovery
proceedings in the above-captioned matter (the
“Lawsuit”), which includes, among other things,
taking depositions and producing documents; and
those discovery proceedings will necessarily involve the
production of certain information that the Parties to the
Lawsuit believe to be confidential. Additionally, discovery
could include sensitive information about minors.
HEREBY STIPULATED AND AGREED, by the Parties hereto, through
their undersigned counsel (“Attorneys”), hereby
approved by the Court, that this Stipulated Confidentiality
Order will govern the handling of documents, deposition
testimony, deposition exhibits, deposition transcripts,
written discovery requests, interrogatory responses,
responses to requests for admissions, and responses to
requests for documents, and any other information or material
produced, given, or exchanged, including any information
contained therein or derived therefrom (“Discovery
Material”) by or among any Party or non-Party providing
Discovery Material (each a “Producing Party”) in
this Lawsuit. This specifically includes initial disclosures,
depositions, transcripts and exhibits from depositions
occurring prior to entry of this Order.
Parties have exchanged initial disclosures that may contain
information and statements about minors (youths under the age
of 18) enrolled in the Tierra Blanca Ranch High Country Youth
Program (the “Youth Program”). Some of these
minors may be related to parties in the case and others may
be related to the Youth Program or have prior involvement
with the State of New Mexico Children, Youth and Family
Department (“CYFD”) or involved with other State
law enforcement or State officials. See, e.g.,
N.M.S.A. 1978 §§ 32A-4-33, 32A-2-26(G).
Parties and Attorneys hereby agree and are ordered that they
will utilize the confidential documents only for purposes
related to the Lawsuit. Attorneys for the Parties agree that
they will distribute or disclose the confidential documents
to the following persons only: (1) parties to the Lawsuit
and/or a party's in-house or agency counsel; (2)
employees, contractors, and partners of Attorneys who have a
work-related need to know the contents of the confidential
documents; (3) individuals designated as lay witnesses by
Plaintiffs or Defendants in the Lawsuit; (4) individuals
designated as consultants or expert witnesses by Plaintiffs
or Defendants in the Lawsuit; (5) insurance adjusters
assigned to the case; and (6) the Court.
Parties and Attorneys agree and are ordered not to disclose
any of the confidential documents to persons other than those
identified in Paragraph 2, above. The Parties and Attorneys
agree that if they distribute the confidential documents to
the persons identified in Paragraph 2, above, the Parties and
Attorneys will inform those persons of this Confidentiality
Agreement and will ask them not to disclose the confidential
documents to any third parties.
Parties and Attorneys hereby agree and are ordered that
substantial information that may be confidential and/or
sensitive, may be part of the discovery exchange in this
case. Some of such information may be related to claims,
defenses and counterclaims and third party claims in the case
and involves statements by and about involving minors.
Parties and Attorneys hereby agree and are ordered that in
order to avoid distribution of potentially confidential
information outside of the parties in the case, and in order
to avoid burdening the Court with motion hearings to redact
potentially substantial portions of documents, the Attorneys
hereby agree that further pleadings in the case which contain
confidential information be filed by the Parties and
Attorneys under seal, and that discovery distributed between
the parties be maintained as confidential. Any party may move
to remove the sealing of pleadings or discovery materials.
Parties and Attorneys hereby agree and are ordered that the
Parties are prohibited from distributing discovery to third
parties unless they have a need to see the information and
they agree in writing to maintain the information as
confidential. The information can be distributed to expert
and consulting witnesses who agree to maintain
confidentiality of the information. Information can also be
used for testifying witnesses with the understanding that the
witnesses will not be allowed to take possession of the
confidential information but may be examined with respect to
Attorneys agree and are ordered not to disclose any of the
confidential documents to persons other than those identified
in Paragraph 2, above. Attorneys agree that if they
distribute the confidential documents to the persons
identified in Paragraph 2, above, other than to the Court and
its employees, the Attorneys will inform those persons of
this Confidentiality Agreement and will ask them not to
disclose the confidential documents to any third party.
Attorneys agree and are ordered that they will not permit any
person not identified in Paragraph 2, above, except for a
professional copy service, to inspect, examine, and copy or
replicate any of the confidential documents at any time.
Parties and Attorneys hereby agree to keep confidential all
documentation from the date of this order until further order
of the ...