United States District Court, D. Kansas
REZAC LIVESTOCK COMMISSION CO., INC. Plaintiff,
PINNACLE BANK, et al., Defendants.
CAVE LLP Robert M. Thompson KS #14673 Michelle M. Masoner KS
#18424 Stephanie C. Bradshaw KS #26716 Attorneys for
SPENCER FANE LLP Scott C. Sandberg, Thomas Hiatt, John
O'Brien Admitted Pro Hac Vice Scott C. Sandberg Admitted
Pro Hac Vice Attorney for Defendant Dinsdale Bros., Inc.
GOODELL, STRATTON, EDMONDS & PALMER T. Randall Wright,
Timothy A. Shultz T. Randall Wright Baird Holm LLP Attorneys
for Pinnacle Bank.
STIPULATED PROTECTIVE ORDER
GARY SEBELIUS U.S. MAGISTRATE JUDGE.
Parties in this action agree, and it is hereby ordered, that
this Protective Order shall govern the use and dissemination
of all information, documents, or materials that are produced
by the parties and designated as Confidential.
parties assert in support of their request that protection of
confidential information is necessary because materials
produced or information otherwise disclosed may contain
private financial information, competitive information,
personnel information or other kinds of commercially
sensitive and personal information that the producing party,
based on a good faith belief, asserts is subject to
confidentiality protection under relevant law.
Materials Deemed Confidential.
party or an attorney for a party has a good faith belief that
certain documents, transcripts, or other materials or
information (including digital information) subject to
disclosure pursuant to a discovery request or other request
are confidential and should not be disclosed other than in
connection with this action, the party or attorney shall mark
each such document or other materials as
“CONFIDENTIAL.” A party may designate as
“CONFIDENTIAL” materials produced or disclosed by
any other party or third party. Nothing in this section shall
be construed as an agreement by the receiving party that any
designation of material as “CONFIDENTIAL” is
appropriate and nothing herein shall prevent a receiving
party from challenging any such designation.
following procedures shall govern instances in which a party
has inadvertently produced or disclosed materials for which
any privilege or protection is claimed, including but not
limited to the attorney-client privilege or work-product
producing party must notify the receiving party promptly, in
writing or on the record, upon discovery that a document has
been inadvertently produced. Upon receiving written notice
from the producing party that privileged and/or work-product
material has been inadvertently produced, all such
information, and all copies thereof, shall be returned to the
producing party or destroyed within five business days of
receipt of such notice and the receiving party shall not use
such information for any purpose, until further order of the
Court. The receiving party shall also attempt, in good faith,
to retrieve and return or destroy all copies of the document
in electronic format, and shall provide the producing party
with written notice that all copies of the document have been
returned or destroyed. If the receiving party intends to file
a motion under paragraph 4(b), below, it may maintain a copy
of the document for purposes of filing such a motion.
the receiving party, after notice of such inadvertent
disclosure as set forth above in paragraph 4a, contests the
privilege or work-product designation by the producing party,
it shall file a motion to compel production of the document
or information. The receiving party shall not assert the
disclosure as a ground for compelling production unless it is
asserted that any such privilege was knowingly and
producing party retains the burden of establishing the
privileged or protected nature of any document or information
that is claimed as privileged or otherwise protected. Nothing
in this paragraph shall limit the right of any party to
petition the Court for an in camera review of such documents
notification of inadvertent disclosure from the producing
party, the receiving party shall place any analyses,
memoranda, or notes which were internally generated based
upon such inadvertently-produced information in sealed
envelopes if in hard copy ...