OSCAR G. CUELLAR, Plaintiff,
GENERAL MOTORS LLC, Defendant.
COSTELLO & FERA, LLC, Stephanie L. Schutt, Kansas City, MO, Attorney for Plaintiff.
LATHROP & GAGE LLP, Clay V. Fulghum (KS Bar No. 23902), David C. Vogel (KS Bar No. 18129), Kansas City, Missouri, Attorneys for Defendant.
STIPULATED PROTECTIVE ORDER
JAMES P. O'HARA, Magistrate Judge.
Upon agreement of the parties and to ensure and maintain the confidentiality of certain personnel information and records regarding plaintiff and persons who are not parties to this action, including but not limited to personnel files, compensation information, disciplinary records, evaluation records, contracts, information relating to contracts to which GM is a party, or in any way relating to such contracts, and similar confidential financial or proprietary records or information produced by GM as disclosures or in response to pretrial discovery requests, and information and records utilized by the parties in these proceedings, and for good cause shown, it is hereby ORDERED:
1. This Protective Order shall govern the following documents or other discovery materials produced by the parties that are otherwise maintained as confidential and that are marked or designated as "Confidential" by counsel: Information or records from the personnel file of any current or former employee of GM, or from any other file that names or otherwise identifies any applicant or current or former employee of GM, or any contract to which GM is a party, or in any way relating to any such contract, and the parties' confidential financial or proprietary records or information, as well as all protected health information produced by or regarding plaintiff.
2. It is understood by the parties that all such Confidential documents, and the information contained in such documents are confidential.
3. The inadvertent failure to designate a document, as previously defined in Paragraph 1, as "Confidential" does not constitute a waiver of such claim, and a party may so designate a document after such document has been produced, with the effect that such document is subject to the protections of this Protective Order.
4. All such Confidential documents, and the information contained in such documents shall be treated as confidential and all persons covered by this Agreement, and shall be used solely for the prosecution of this action. No such document, and no information contained in any such document shall be disclosed by the party in receipt of that information or anyone on that party's behalf, in any manner whatsoever, except as provided herein.
5. Confidential Information may not be used or disclosed by the parties except as provided in this Protective Order and may only be copied, disclosed, disseminated, discussed, or inspected, in whole or in part, by the parties for purposes of this lawsuit and only to the following persons:
(a) the parties in this lawsuit;
(b) counsel representing any party in this lawsuit and counsel's employees;
(c) the author/drafter of any Confidential Information and any person to whom that Confidential Information was addressed;
(d) deponents incident to their depositions in this lawsuit;
(e) witnesses in any hearing, trial, or other court proceeding ...