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Pfannenstiel v. PSI Transport, LLC

United States District Court, D. Kansas

March 2, 2018

ALDEN PFANNENSTIEL, Plaintiffs,
v.
PSI TRANSPORT, LLC, Defendant.

          PROTECTIVE ORDER

          K. GARY SEBELIUS UNITED STATES MAGISTRATE JUDGE.

         The parties agree that it is necessary to have a Protective Order to preserve the confidentiality of documents to be produced by both parties. The Court finds that certain information, documents, and things to be produced in discovery in this litigation should be kept confidential in order to protect the parties' legitimate business interests and the privacy rights of plaintiff, defendant, and its employees (past and present). Further, the Court finds that such information, documents and things are likely to include plaintiff's personnel records, plaintiff's income, tax, and other financial information, plaintiff's medical and/or psychological records, Social Security Administration records, unemployment benefits information, personnel information pertaining to other current and former employees, and assorted confidential correspondence, and are also likely to include defendant's private financial information. Because the public disclosure of such information, documents and things might cause undue embarrassment, humiliation, and potentially irreparable economic harm to the parties and to disinterested third parties, the Court finds that “good cause” - pursuant to Fed.R.Civ.P. 26(c) - has been established and the following Order should be entered:

         IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

         1. The following definitions shall apply to this order:

         a. "Confidential Information" shall mean any personnel, medical, psychological, payroll, financial, or employment information concerning plaintiff or any other current or former employee of defendant, as well as any financial information or records concerning defendant, and any other information or material relating to trade secrets or other confidential research, development, commercial or proprietary information which has been designated as "Confidential" by plaintiff or defendant or their attorneys, whether such disclosure be made voluntarily, informally or pursuant to formal discovery procedures. The designation may be made in writing or on the record such as at a deposition or hearing.

         b. "Qualified persons" shall mean:

(1) the parties to this litigation;
(2) counsel of record for the parties to this litigation, including office associates, paralegals, stenographic and clerical employees who have agreed to abide by the terms of this Protective Order;
(3) experts retained for the purpose of this litigation who have agreed to abide by the terms of this Protective Order by signing the Confidentiality Agreement, attached hereto as Exhibit “A;”
(4) the court and court personnel, including stenographic reporters engaged in such proceedings as are necessarily incident to this litigation, and members of the jury;
(5) any mediator appointed by the court or jointly selected by the parties; and
(6) any potential, anticipated, or actual fact witness and his or her counsel, but only to the extent such confidential documents or information will assist the witness in recalling, relating, or explaining facts or in testifying, and only after such persons have signed the Confidentiality Agreement attached hereto as Exhibit “A.”

         2. The undersigned counsel shall maintain a list of all persons who are required to sign the Confidentiality Agreement, along with the signed Confidentiality Agreement for each person.

         3. Confidential Information shall be and remain confidential and shall not be disclosed or communicated in any fashion nor be used for any purpose other than ...


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