United States District Court, D. Kansas
J. Christensen, KS #16528 Kyle B. Russell, KS #20457 Janelle
L. Williams, KS #25343 JACKSON LEWIS P.C. ATTORNEYS FOR
DEFENDANTS PRIME REVENUE, INC., DAVID QUILLIAN AND P.J. BAIN.
Christopher F. Pickering, KS #14272 ATTORNEY FOR PLAINTIFF
AGREED PROTECTIVE ORDER
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 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 because propriety and confidential information
relating to PrimeRevenue, Inc.'s
(“PrimeRevenue” or Defendant”) finances,
employees and/or business operations may be disclosed through
the course of discovery. Likewise, the parties assert that
this order is necessary to protect the private and
confidential information of Plaintiff and Defendants P.J.
Bain (“Bain”) and David Quillian
(“Qullian”), including but not limited to
information relating to their employment histories,
education, income, and financial holdings.
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the parties' Joint Motion for Protective Order (ECF No.
28) and hereby 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:
The personnel and/or human resources files regarding
PrimeRevenue, Inc.'s current and former employees as
maintained by PrimeRevenue or other prospective and former
employers; information regarding Plaintiff's alleged
damages, and the financial, education, military, employment
and other personal information of Plaintiff and Defendants
Bain and Quillian; the personnel, payroll, medical and/or
human resources files of current and/or former employees of
PrimeRevenue, to the extent that they are subject to
discovery; documents and information related to
PrimeRevenue's personnel decisions; and confidential and
proprietary information regarding PrimeRevenue's business
operations, financial transactions, stock options, stock
offerings, and commission structure and payments, including
policies, procedures, to the extent they are subject to
discovery. All of the foregoing information, as well as any
documents, designated portions of deposition testimony,
responses to interrogatories, requests for admissions, or
requests for production of documents concerning the
above-captioned information may be designated as
or documents that are available to the public may not be
designated as Confidential Information.
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 - SUBJECT TO PROTECTIVE ORDER”
(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
or party appearing pro se thereby certifies that the
document contains Confidential Information as defined in this
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 twenty-one (21) days after discovery of the
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 Confidential Material.
General Protections. Designated Confidential
Information must be used or disclosed solely for purposes of
prosecuting or defending this lawsuit, including any appeals,
or any other related legal proceeding brought by one of the
parties to this litigation.
Who May View Designated Confidential Information.
Except with the prior written consent of the designating
party or prior order of the court, designated Confidential
Information may only be disclosed to the following persons:
(1) The parties to this litigation, including any employees,
agents, and representatives of the parties;
(2) Counsel for the parties and employees and agents of
(3) The court and court personnel, including any special
master appointed by the court, ...