Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mann v. Con-Way Freight

United States District Court, D. Kansas

September 5, 2017

ANTHONY CRAIG MANN, Plaintiff,
v.
CON-WAY FREIGHT, Defendant.

          AMENDED PROTECTIVE ORDER

          HONORABLE JAMES P. O'HARA UNITED STATES MAGISTRATE JUDGE.

         During the course of discovery it may be necessary to disclose certain confidential information relating to the subject matter of this action. 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. This proposed Protective Order is entered to limit the disclosure, dissemination, and use of certain identified categories of confidential information.

         Protection of the identified categories of confidential information is necessary to protect the privacy interests of the parties as well as to protect the parties from annoyance and embarrassment. Discovery in this case may potentially involve the production of private information concerning the parties and others, including but not limited to: personnel file documents, disciplinary documents, and compensation-related documents pertaining to Plaintiff and others currently employed or formerly employed by Defendant; internal policies and procedures of Defendant not made generally known to the public that constitute confidential business information (including but not limited to trade secret information) of Defendant; and internal documents pertaining to Defendant's assets and financial data. Protecting the aforementioned private information substantially outweigh the public's right of access to judicial records, thus making this Protective Order appropriate.

         For good cause shown under Fed.R.Civ.P. 26(c), the court hereby enters the following Protective Order:

         1. Scope.

         All 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.

         2. Definition of Confidential Information.

         As used 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: personnel file documents, disciplinary documents, and compensation-related documents pertaining to Plaintiff and others currently employed or formerly employed by Defendant; internal policies and procedures of Defendant not made generally known to the public that constitute confidential business information (including but not limited to trade secret information) of Defendant; and internal documents pertaining to Defendant's assets and financial data. Information or documents that are available to the public may not be designated as Confidential Information. Furthermore, nothing in this Protective Order shall be construed as a waiver of any party's right to make proper objections to discovery requests served by another party in accordance with the applicable Federal Rules of Civil Procedure and Local Rules of this Court.

         3. Form and Timing of Designation.

         The 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 of 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.

         4. Inadvertent Failure to Designate.

         Inadvertent 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 (20) days after discovery of the inadvertent failure.

         5. Depositions.

         A witness' deposition testimony, or any portion thereof, may be designated as confidential or “ATTORNEYS' EYES ONLY” (see Paragraph 7 below) at the time the deposition is taken or within thirty (30) days 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. Any deposition testimony or exhibits that are designated “ATTORNEYS' EYES ONLY” should be separately transcribed, sealed, and marked as “ATTORNEYS' EYES ONLY” or “AEO.”

         6. Protection of Confidential Material.

(a) 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.
(b) 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 counsel;
(3) The court and court personnel, including any special master appointed by the court, ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.