United States District Court, D. Kansas
KENNETH G. GALE 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. Defendant requests
entry of this proposed Protective Order to limit the
disclosure, dissemination, and use of certain identified
categories of confidential information.
asserts in support of the request that protection of the
identified categories of confidential information is
necessary because the discovery in this case will require the
production of documents, the inspection of tangible things,
the answering of interrogatories and requests to admit, and
the taking of oral and/or written depositions that will
likely include business records that contain confidential
financial and/or proprietary information.
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the 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: tax returns;
financial statements and records; proprietary business
records; trade secrets; and records whose disclosure is
restricted or prohibited by statute.
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
thereby certifies that the document contains Confidential
Information as defined in this Order.
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 ten business days after discovery of the inadvertent
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.
(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 ...