United States District Court, D. Kansas
v. Johnson, Stephen D. Lanterman, Sloan, Eisenbarth,
Glassman, Attorneys for Plaintiff.
Lawrence J. Logback, Megan L. Moseley, Ryan C. H. McCarty,
Simpson, Logback, Lynch, Norris, P.A., Attorneys for
JOINT PROTECTIVE ORDER
P. O’HARA U.S. MAGISTRATE JUDGE.
parties agree that during the course of discovery it may be
necessary to disclose certain confidential information
relating to the subject matter of this action. They agree
that certain categories of such information should be treated
as confidential, protected from disclosure outside this
litigation, and used only for purposes of prosecuting or
defending this action and any appeals. The parties jointly
request entry of this proposed Protective Order to limit the
disclosure, dissemination, and use of certain identified
categories of confidential information.
parties assert in support of their request that protection of
the identified categories of confidential information is
necessary to: (1) 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 case; and (2) prevent any disclosure of the
confidential matters by those involved in the prosecution or
defense of this case for any purpose other than that which is
necessary to fully litigate the issues. In addition, the
Order is necessary to protect both the parties and other
persons from annoyance and embarrassment.
good cause shown under Fed. R. Civ. P. 26(c), the Court
grants the parties’ joint request and enters the
following Protective Order:
documents and materials produced in the course of discovery
of this case, including initial disclosures, responses to
discovery requests, all deposition testimony and exhibits,
and information derived directly therefrom (hereinafter
collectively “documents”), are subject to this
Order concerning confidential information as set forth below.
As there is a presumption in favor of open and public
judicial proceedings in the federal courts, this Order will
be strictly construed in favor of public disclosure and open
proceedings wherever possible.
Definition of Confidential Information.
in this Order, “Confidential Information” is
defined as information that the producing party designates in
good faith has been previously maintained in a confidential
manner and should be protected from disclosure and use
outside the litigation because its disclosure and use is
restricted by statute or could potentially cause harm to the
interests of disclosing party or nonparties. For purposes of
this Order, the parties will limit their designation of
“Confidential Information” to the following
categories of information or documents:
(a) Employment/Personnel Records and
Information. Any and all information contained in
the employment/personnel record of any party or witness in
this case that would otherwise be considered confidential and
protected from public disclosure shall remain so during and
after the course of this present litigation. Such information
shall include, but is not limited to: applications, personal
identifying information, progress reports, performance
evaluations, statements regarding the nature of separations,
disciplinary documentation and confidential agreements.
(b) Financial Information. Any and all
information that reveals the past, present or future state of
the finances of any party or witness in this case, including,
but not limited to: donor information, financial statements,
financial records, and tax returns.
(c) Medical Information and Records. Any and
all protected health information that is otherwise protected
by HIPAA shall be deemed confidential and protected during
and after the course of this present litigation. Such
information includes, but is not limited to: charts, graphs,
images, notes, physical exams, psychological exams, x-rays,
or any other document or information that is in any way
protected by statute or regulation in any other context.
(d) Proprietary Business Records. Any and
all information that reveals how Defendant Mental Health
Center of East-Central Kansas (d/b/a
“CrossWinds”) conducts its operations, including,
but not limited to: board minutes, business operations and
processes, fundraising initiatives and human resources plans
(e) Materials Otherwise Prohibited or Restricted by
Statute. Any and all information that is otherwise
prohibited or restricted from disclosure by statute shall be
given the added layer of protection as afforded by and
through this Order. Information or documents that are
available to the public may not be designated as Confidential
Form and Timing of Designation.
producing party may designate documents as containing
confidential information and therefore subject to protection
under this Order by marking or placing the words
“CONFIDENTIAL” (hereinafter “the
marking”) on the document and on all copies in a manner
that will not interfere with the legibility of the document.
As used in this Order, “copies” includes
electronic images, duplicates, extracts, summaries or
descriptions that contain the Confidential Information. The
marking will be applied prior to or at the time the documents
are produced or disclosed. Applying the marking to a document
does not mean that the document has any status or protection
by statute or otherwise except to the extent and for the
purposes of this Order. Copies that are made of any
designated documents must also bear the marking, except that
indices, electronic databases, or lists of documents that do
not contain substantial portions or images of the text of
marked documents and do not otherwise disclose the substance
of the confidential information are not required to be
marked. By marking a designated document as Confidential, the
designating attorney thereby certifies that the document
contains confidential information as defined in this Order.
Inadvertent Failure to Designate.
failure to designate any document or material as containing
confidential information will not constitute a waiver of an
otherwise valid claim of confidentiality pursuant to this
Order, so long as a claim of confidentiality is asserted
within three business days after discovery of the inadvertent
testimony will be deemed confidential only if designated as
such when the deposition is taken or within a reasonable time
period after receipt of the deposition transcript. Such
designation must be specific as to the portions of the
transcript and/or any exhibits to be protected.
Protection of ...