Free Motion for Protective Order - District Court of Colorado - Colorado

Case 1:03-cv-01959-MSK-PAC

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Filed 06/07/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-01959-MSK-PAC AHMED M. AJAJ, Plaintiff, v. UNITED STATES OF AMERICA, ROBERT A. HOOD, JAMES BURRELL, DAVID DUNCAN, C. CHESTER, and J.C. ZUERCHER, Defendants.

STIPULATED MOTION FOR ENTRY OF AN AMENDED PROTECTIVE ORDER

COME NOW Plaintiff Ahmed Ajaj ("Plaintiff"), by and through his counsel, Carmen Reilly and John Riley, and Defendants United States of America, Robert A. Hood, James Burrell, David Duncan, C. Chester, and J.C. Zuercher, by and through United States Attorney for the District of Colorado William J. Leone and Assistant United States Attorneys Amanda Rocque and Elizabeth Weishaupl, and jointly move for the entry of an Amended Protective Order restricting the production of certain documents to Plaintiff for purposes of the above-captioned action. In support of this Motion, the parties state as follows: 1. As part of informal discovery in the above-captioned case, the Court ordered

Defendants to produce copies of Plaintiff's medical records to Plaintiff's counsel for the purpose

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Case 1:03-cv-01959-MSK-PAC

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of filing a Second Amended Complaint and narrowing the claims in this lawsuit. On November 4, 2004, Defendant informally produced copies of Plaintiff's medical records to Plaintiff's counsel, except for any records containing laboratory results. 2. Shortly thereafter, the parties jointly moved for entry of a Protective Order

concerning disclosure of medical records with laboratory results. 3. The Court granted the parties' Stipulated Motion for Entry of Protective Order on

November 16, 2004. (Docket No. 106). 4. On May 22, 2005, Plaintiff served Defendants with a copy of Plaintiff's First Set

of Interrogatories and Requests for Production. 5. The Bureau of Prisons has identified information that is responsive to Plaintiff's

discovery requests. However, some of this information contains Plaintiff's psychological records. Like medical laboratory results, the Bureau does not provide actual copies of psychological records to inmates, although inmates are allowed to review these records. 6. Defendant objects to the disclosure of Plaintiff's psychological records, unless the

disclosure of this information is authorized and governed pursuant to a Protective Order. This Protective Order would prohibit Plaintiff's counsel from producing copies of any psychological records to Plaintiff. However, this Protective Order is narrowly tailored such that it would not prohibit Plaintiff's counsel from disclosing the information contained in those psychological records to Plaintiff. 7. 2006. The deadline for Defendants to respond to Plaintiff's discovery requests is June 7,

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WHEREFORE, the parties respectfully request that the Court sign and enter the Amended Protective Order submitted with this Motion. Respectfully submitted this 7th day of June, 2006.

WILLIAM J. LEONE United States Attorney s/ Carmen Reilly Carmen Reilly Montgomery, Little 5445 DTC Parkway, #800 Englewood, CO 80111-3053 Telephone: (303) 779-2719 Email: [email protected] Attorney for Plaintiff s/ Amanda Rocque Amanda Rocque Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 Telephone: (303) 454-0109 Email: [email protected] Attorneys for Defendant

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CERTIFICATE OF MAILING I hereby certify that on the 7th day of June, 2006, a copy of the foregoing STIPULATED MOTION FOR ENTRY OF AN AMENDED PROTECTIVE ORDER was sent via electronic mail to: Carmen Nicole Reilly [email protected] [email protected] John Robert Riley [email protected] Christopher Synsvoll, Esq. [email protected]

Office of the United States Attorney

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