Free Statement - District Court of Colorado - Colorado

Case 1:01-cv-02076-LTB-PAC

Document 436-2

Filed 02/09/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-02076-LTB MARK ALLEN TAYLOR, Plaintiff, v. SOLVAY PHARMACEUTICALS, INC., Defendant. Civil Action No. 00-cv-00808-LTB BRIAN H. ROHRBOUGH, et al., Plaintiffs, v. WAYNE N. HARRIS, et al., Defendants.

ORDER

The Court, having reviewed all papers submitted in this matter, and being sufficiently advised, ORDERS as follows: 1. This Court, through its designated records officer, will make a determination as to

what materials in the Evidence Room are to be made part of the Court's case file. The records officer is authorized to consult with representatives of the National Archives and Records Administration (NARA), and, if such consultation is made, NARA staff shall have complete access to the material for this limited purpose.

Case 1:01-cv-02076-LTB-PAC

Document 436-2

Filed 02/09/2007

Page 2 of 2

2.

Materials in the Evidence Room that are determined to be part of the Court's civil

case file will be deemed federal records to be handled in accordance with the Federal Records Act (FRA), 44 U.S.C. Chapters 21, 29, 31 and 33, and will be deemed to be permanent records in accordance with the Court's Records Disposition Schedule 2, Item A(7)(b)(3), which has been approved by the Archivist of the United States. Materials in the Evidence Room that are determined not to be part of the Court's case file shall not be deemed federal records within the meaning of the FRA, and will be disposed of by further Order of this Court. 3. After these determinations have been made, the Clerk will transfer physical

custody to NARA of all materials deemed federal records associated with these civil case files. After the records have been transferred into NARA's physical custody, all access requests will be forwarded to this Court in accordance with 36 C.F.R. 1256.4, which provides for questions on access being handled by the originating agency, in this case the Court. 4. [If there is a seal:] In accord with the Court's stated intent, the records transferred

to NARA shall remain under seal until __________, 20xx, at which time they will be transferred into the legal custody of NARA. [Additional text to be supplied by Court with respect to the conditions of any seal, as set forth in more detail in NARA's statement.] IT IS SO ORDERED. DATED: ___________________ BY THE COURT:

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