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Patton v. Entercom Kansas City, L.L.C.

United States District Court, Tenth Circuit

July 25, 2013

ASHLEY PATTON, Plaintiff,
v.
ENTERCOM KANSAS CITY, L.L.C., Defendant.

Arthur A. Benson II D. Kan. #70134, Jamie Kathryn Lansford D. Kan. #70220, Attorneys for Plaintiff

Frederick H. Riesmeyer, II D.Kan. #70401 Shannon D. Cohorst Johnson D. Kan. #23496, Attorneys for Defendant

STIPULATED PROTECTIVE ORDER

JAMES P. O’HARA U.S. MAGISTRATE JUDGE

Plaintiff Ashley Patton (“Plaintiff”) and Defendant Entercom Kansas City, LLC (“Defendant”), by and through their respective counsel, have stipulated to the terms of this Order. The Court being fully advised of the terms and agreement herein, it is hereby ORDERED:

1. Purpose of Order. The purpose of this Order is to prevent the disclosure of matters deemed confidential under the terms of this Order to persons or entities other than those involved in the prosecution or defense of this litigation and to facilitate the exchange of information between the parties. The Order is necessary to protect both the parties and other persons from annoyance and embarrassment. Discovery in this case may seek private information concerning both parties and nonparties, including, for example, but not limited to, Plaintiff’s confidential medical, psychiatric, and psychological records and other private documents regarding Plaintiff’s personal history and conditions, as well as confidential matters concerning Defendant’s business practices and employee personnel files. The privacy interests in such information substantially outweigh the public’s right of access to judicial records. Good cause exists for the issuance of a protective order under Federal Rule of Civil Procedure 26(c), including the fact that the majority of persons associated with this matter, and the above-described documents, reside or work in a relatively small community and/or in the legal profession; and disclosure of the confidential information contained in Plaintiff’s medical, psychiatric, and psychological records and Defendant’s business records could potentially impact the parties’ business and personal relationships and Defendant’s trade secrets. However, by agreeing to the entry of a protective order to govern confidential information, the parties do not intend to waive any objections that information considered “confidential” under this Order may not be subject to objection and withholding from disclosure on other grounds.

2. Confidential Information. The parties have agreed that certain categories of documents and information, if produced or disclosed during this litigation, shall be used only for purposes of this lawsuit and will be treated as confidential. The parties have further agreed that this shall include, but is not necessarily limited to, information relating to the following topics: confidential and proprietary information concerning Defendant and its business practices; the confidential personnel and/or human resource files of any of Defendant’s current or former employees; and medical, psychiatric, psychological, financial and/or tax records relating to Plaintiff.

3. Designating documents and interrogatory answers as confidential. Any party to this action may designate as “Confidential Information” a document or interrogatory answer produced after entry of this Order by conspicuously stamping or labeling the document or interrogatory answer with the word “Confidential.” Documents or information produced by either party shall not be treated as confidential pursuant to this Order unless they are stamped or labeled in such a fashion except as provided in this Order. The inadvertent failure to designate material as “Confidential” does not preclude a party from subsequently making such a designation, and, in that case, the material is treated as confidential only after being properly designated. Confidential Information that is set forth, summarized, or otherwise referenced in transcripts, depositions, affidavits, exhibits, briefs, memoranda, discovery responses, pleadings or other materials in this matter shall likewise be deemed Confidential subject to this Order. Prior to filing or submitting to the Court any Confidential Information or any document or exhibit that summarizes or describes the substance of any Confidential Information, the parties agree to file a motion or application to file such documents or exhibits under seal. However, if the Court refuses to enter such order, then the parties may file or submit any Confidential Information or any document or exhibit that summarizes or describes the substance of any Confidential Information to the Court.

Parties to this action may also designate deposition testimony as Confidential Information by advising opposing counsel of record, in writing, within 15 days after receipt of a copy of the transcript, or such other time period as may be mutually agreed upon by the parties, of the pages and lines of the deposition which the party believes should be designated as Confidential. Alternatively, any party may, on the record at the deposition, designate deposition testimony as Confidential by advising all persons present that the party believes that the portion of the deposition in question falls under the scope of this Order.

Should counsel for any receiving party receive any particular document or information that they believe should be designated as Confidential, counsel shall notify counsel for the producing party in writing within five (5) days of receipt, or ten (10) days after this order has been signed for documents previously produced, specifying with particularity the document or information designated as Confidential and such shall be treated as Confidential by all other parties to this action.

4. Disclosure of Confidential Information. Any documents or interrogatory answers which are marked as Confidential are to be treated as such by the party receiving the discovery and shall be utilized by such party only for the prosecution or defense of this case. Except as agreed upon by the parties, or ordered by the Court, disclosure of such material or information contained therein is limited to:

(a) The parties;
(b) Their counsel, and counsels’ legal and clerical assistants and staff;
(c) Persons with prior knowledge of the documents or the Confidential Information contained therein;
(d) Court personnel, including court reporters, persons operating video recording equipment at depositions, and any special master ...

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