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Kesters Merchandising Display International, Inc. v. Waldman

United States District Court, D. Kansas

May 15, 2017

KESTERS MERCHANDISING DISPLAY INTERNATIONAL, INC., Plaintiff,
v.
EDWARD WALDMAN and E.H. WALDMAN ART & FURNITURE STUDIO, LLC., Defendants.

          JOINT PROTECTIVE ORDER

          James P. O'Hara, U.S. Magistrate Judge

         The parties to this case have advised the Court that during discovery, the parties or third parties may be required to produce documents, answer interrogatories, and provide testimony and other information that may contain Confidential Information (defined below) that should be kept confidential. To prevent injury through improper disclosure of this type of information, to allow discovery to proceed without delay, and to avoid disputes regarding the confidential nature of such information, the Court finds that good cause exists under Rule 26(c) of the Federal Rules of Civil Procedure for the following protections and procedures.

         1. Definitions.

         1.1 Confidential Information.

         The term “Confidential Information” shall mean the following: non-public financial and business information of the parties that is maintained in a confidential manner, including but not limited to financial account data and projections; nonpublic information regarding relationships with non-parties, tax returns; non-public personnel records, manuals, compilations, trade secret and other confidential research, development or commercial information within the meaning of Fed.R.Civ.P. 26(c)(1)(G).

         “Confidential Information” shall also include materials designated “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY.” Any party may designate as “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY” any Confidential Information that the party believes in good faith is of such a sensitive or secret nature that disclosure of such information to any other party or non-party reasonably poses the risk of competitive injury and may compromise and/or jeopardize its business interests even if protected by a CONFIDENTIAL designation.

         1.2 Party and Parties.

         As used herein, the term “party” means Kesters Merchandising Display International, Inc., Edward Waldman, and E.H. Waldman Art & Furniture Studio, LLC. The term “parties” is the plural form of “party.”

         1.3 Producing Party.

         As used herein, the term “producing party” means a party voluntarily or involuntarily providing or disclosing documents, information or tangible things as part of discovery in this case.

         1.4 Requesting Party.

         As used herein, the term “requesting party” means a party seeking the disclosure or production of documents, information or tangible things as part of discovery in this case.

         1.5 Designating Party.

         As used herein, the term “designating party” means a party asserting that documents, information or tangible things constitute or contain Confidential Information and stamping or otherwise marking the documents or other materials as confidential pursuant to subparagraph 2.1 below.

         1.6 Objecting Party.

         As used herein, the term “objecting party” means a party challenging or disputing the validity of another party's designation of documents or tangible things as confidential pursuant to paragraph 5 below.

         2. Initial Designations.

         2.1 Produced Documents.

         If a party believes that any written, recorded or graphic material, tangible items, electronically stored information or any other form of information that it produces in this action pursuant to discovery, subpoena, Court order, written discovery request or agreement of the parties contains Confidential Information, it may designate such material as confidential by stamping the words “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY” on the document or written discovery material. Materials designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY” and all documents, including court filings, which quote from, summarize or comment on any such materials shall be treated as Confidential Information as set forth in this Order and shall be used solely for the prosecution or defense of this matter (including any appeals). Subject to a party's right to object, the designation of documents as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY” means that the document or documents so designated qualify for the protections herein.

         2.2 Interrogatory Answers.

         If a party answering an interrogatory believes that the answer contains Confidential Information, the party shall set forth that answer in a separate document that is produced and designated as Confidential Information in the same manner as produced documents and tangible things under subparagraph 2.1. The answers to interrogatories shall reference the separately- produced document containing the confidential answer. The separate document containing Confidential Information shall not be attached to the answers to interrogatories and shall be deemed to be verified by the signature of the responding party applicable to the answers to interrogatories.

         2.3 Production in ...


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