United States District Court, D. Kansas
STEPHANIE J. MAXWELL, Plaintiff,
ST. FRANCIS HEALTH CENTER, et al., Defendants.
B. Bell Counsel for Plaintiff Stephanie Maxwell
Jeffrey A. Kennard Counsel for Defendant St. Francis Health
J. Wade Counsel for Defendant H. Kent Hollins PA
A. Lowry Counsel for Defendant City of Topeka
J. Wade Counsel for Defendant H. Kent Hollins
STIPULATED PROTECTIVE ORDER
GARY SEBELIUS U.S. MAGISTRATE JUDGE
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 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:
(a) Documents produced by Plaintiff or
Defendants containing the nonpublic personal information of
(b) Documents produced by Plaintiff or
Defendants containing customer information or personal
information of third parties and/or the parties'
(c) Documents produced by Plaintiff or
Defendants reflecting trade secrets, proprietary information
or software, or Plaintiff s or Defendants' confidential
Information or documents that are available to the public may
not be designated as Confidential Information.
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 calendar days after discovery of the
inadvertent failure to designate.
testimony will be deemed confidential only if designated as
such. The Parties shall have 21 days from the date a
deposition is taken, or 14 days from the date a deposition
transcript is received, whichever date is later, to serve a
notice to all parties designating portions of a deposition as
Confidential Information. Such designation must be specific
as to the portions of the transcript and/or any exhibits to
Protection of ...