United States District Court, D. Kansas
SPENCER FANE LLP Brian Peterson, Douglas M. Weems Attorneys
for Robert A. Hanson, Jr.
O'CONNOR William Moorhead (admitted Pro Hac Vice) Kelly
D. Stohs W. Terrance Kilroy Attorneys for Potters Industries,
AGREED CONFIDENTIALITY AND PROTECTIVE ORDER
Gary Sebelius, U.S. Magistrate Judge.
Potters Industries, LLC (“Potters”) and Defendant
Robert A. Hanson, Jr. (“Mr. Hanson”)
(collectively the “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. The Parties jointly request entry of this Agreed
Confidentiality and Protective Order to limit the disclosure,
dissemination, and use of certain identified categories of
Parties assert in support of their request that protection of
the identified categories of confidential information is
A. This is an action which involves alleged unfair
competition in violation of a non-compete agreement and the
alleged misappropriation of and unlawful use of confidential
business information and trade secret information.
B. Therefore, in the course of discovery, documents
purportedly containing confidential business information or
trade secret information may be sought and/or used by the
Parties or other persons or entities described herein.
C. The Federal Rules of Civil Procedure provide for the
issuance of a protective order limiting the disclosure and
use of information and documents for good cause.
D. Good cause exists for the issuance of a Protective Order
in this case because discovery may result in the production
of materials that are confidential and, if not protected by
an appropriate protective order, will result in the potential
for damage to one or more of the parties and/or their
employees. In addition, good cause exists, because the entry
of such an order will permit discovery with less likelihood
of disputes about confidentiality which would otherwise
hinder the discovery process.
good cause shown under Federal Rule of Civil Procedure 26(c),
the Court grants the Parties' Joint Motion for Entry of
Agreed Confidentiality and Protective Order and hereby enters
the following Protective Order:
Scope of 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.
(a) The term “Person” shall mean any natural
person and any corporation, partnership, association or other
(b) The term “Party” shall mean Plaintiff Potters
Industries, LLC, Defendant Robert A. Hanson, Jr., and any
other person who may become a named party to this matter.
(c) The term “Producing Party” shall mean any
Person requested or required to produce documents or
information in this action, whether by discovery request or
Definition of Confidential Information.
in this Order, “Confidential Information” is
defined as any discovery material that the producing party,
in good faith, reasonably believes contains or constitutes
(a) information not in the public domain that reflects
confidential financial or commercial information, or
information otherwise entitled to protection, (b) matters
that constitute or contain trade secrets pursuant to
applicable law, and (c) non-public personal information of
third-parties or customers, including information that
identifies the personal or financial information for a given
person, including name, address, account number, telephone
number, place or position of work, or other identifying
Attorneys' Eyes Only Designation.
Information furnished in this action by any Producing Party
may be further designated as “AEO” (i.e.,
ATTORNEYS' EYES ONLY). Thus, attorneys' eyes only
information shall not be disclosed to any person other than:
(a) Counsel for the Parties in this action who are actively
engaged in the conduct of this litigation, and the partners,
associates, secretaries, legal assistants, and employees of
such counsel, to the extent reasonably necessary to render
professional services in the litigation;
(b) Court personnel, court reporters, persons operating video
recording equipment at depositions, and any special master or