United States District Court, D. Kansas
LAKE LAW FIRM, LLC Stacy A. Lake, KS #27020 ATTORNEY FOR
TAYLOR COTTER McMONIGLE & MONTEMORE, P.C. Patrick K.
McMonigle, KsFed #70115 Amanda Pennington Ketchum, KS #20559
Anne E. Baggott, KS #23629 ATTORNEYS FOR DEFENDANT
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 because Plaintiffs allege that Defendant has
discriminated against them on the basis of their race and
age. The parties anticipate that certain documents and
information will be requested in discovery to support
Plaintiff's claims, including medical records, personnel
records, and other confidential personnel and business
documents. For example, Plaintiffs may request documents and
information regarding Defendant's operations that are
proprietary in nature. Plaintiffs may also request
information and records regarding Defendant's employees
who are not, and are not expected to be, parties to this
action. Defendant considers its proprietary information and
employment records to be private and/or confidential.
support of its defenses, Defendant anticipates requesting or
has requested documents and information regarding
Plaintiffs' finances, medical issues, educational
background, and mental condition. Plaintiffs consider their
personal information to be private and/or confidential. The
purpose of this Protective Order is to prevent and/or limit
the disclosure of documents and information the parties
appropriately deem private and/or confidential.
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the parties' joint request 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 as having been previously maintained in a
confidential manner and requiring protection 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: healthcare records,
personnel records regarding Plaintiffs and non-parties,
proprietary and confidential economic and financial
information, financial statements and records, and such other
similar information the parties deem to be confidential
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” (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 before 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 Order. If the non-producing party believes
the producing party has produced documents containing
Confidential Information, the non-producing party may notify
the producing party in writing, and all parties agree to
maintain the confidentiality of the documents as if they were
originally marked “CONFIDENTIAL.”
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 as
soon as possible after discovery of the inadvertent failure.
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 ...