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Potters Industries, LLC v. Hanson

United States District Court, D. Kansas

February 6, 2018

POTTERS INDUSTRIES, LLC, Plaintiff,
v.
ROBERT A. HANSON, JR., Defendant.

          SPENCER FANE LLP Brian Peterson, Douglas M. Weems Attorneys for Robert A. Hanson, Jr.

          COZEN O'CONNOR William Moorhead (admitted Pro Hac Vice) Kelly D. Stohs W. Terrance Kilroy Attorneys for Potters Industries, LLC

          AGREED CONFIDENTIALITY AND PROTECTIVE ORDER

          K. Gary Sebelius, U.S. Magistrate Judge.

         Plaintiff 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 confidential information.

         The Parties assert in support of their request that protection of the identified categories of confidential information is necessary because:

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.

         For 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:

         1. Scope of Protective Order:

         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. General Definitions:

(a) The term “Person” shall mean any natural person and any corporation, partnership, association or other entity.
(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 by subpoena.

         3. Definition of Confidential Information.

         As used 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 information.

         4. Attorneys' Eyes Only Designation.

         Confidential 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 ...

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