United States District Court, D. Kansas
M. McGivern Counsel for Plaintiff Ofelia Arredondo Jason D.
Stitt Counsel for WoodSpring Hotels Property Management LLC
P. O'HARA U.S. MAGISTRATE JUDGE
parties agree that during the course of discovery and
informal settlement discussions 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 confidential personnel information is
anticipated to be the subject of discovery. The privacy
interests associated with such information substantially
outweigh the public's right of access to judicial
records. This Order will facilitate the exchange of
information between the parties.
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the parties' joint request and hereby enters the
following Protective Order:
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.
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:
(a) Personnel Information regarding current and former
employees of Defendant. For purposes of this Order,
“Personnel Information” includes, but is not
limited to information typically retained in personnel files,
job application materials, any performance ratings, employee
compensation and payroll information, supervisor notes,
medical records, documents related to discipline and/or
termination, documents regarding attendance, and information
relating to employment policies.
(b) Personnel Information regarding current and former job
applicants of Defendant WoodSpring Hotels Property
(c) Non-public financial information and other information of
Defendant WoodSpring Hotels Property Management LLC that
contains trade secrets, future business plans, market
analysis, confidential research, development, commercial or
other proprietary information.
(d) Health care information, personnel records, tax records,
or other financial information related to Plaintiff.
(e) Any testimony regarding Confidential Information as
defined in Paragraphs 2(a)-(d) above.
(f) Extracts and summaries prepared from such materials set
forth in Paragraphs 2(a)-(e) above.
(g) Those portions of briefs, affidavits, memoranda,
depositions, or other writings, including exhibits thereto,
which contain or refer to the Confidential Information.
or documents that are available to the public may not be
designated as Confidential Information.
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.
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 ten (10) days after discovery of the inadvertent
Depositions. Deposition 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
Protection of Confidential Material.
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 ...