United States District Court, D. Kansas
NUETERRA CAPITAL ADVISORS, LLC, et. al Plaintiffs,
AMY LEIKER et. al, Defendants. AMY LEIKER Plaintiff,
NUETERRA CAPITAL ADVISORS, LLC, et. al, Defendants.
N. Tedesco, Tara S. Eberline, FOULSTON SIEFKIN LLP Attorneys
for Nueterra Parties
L. Rein Jr. James J. Kernell, Kyle D. Donnelly, ERICKSON
KERNELL IP, LLC Attorneys for Amy Leiker and Triple Aim
Heather J. Schlozman, Mark V. Dugan, Attorneys for Amy Leiker
STIPULATED PROTECTIVE ORDER
P. O'HARA, 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. 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 the case involves confidential information
pertaining to or arising out of Ms. Leiker's employment
with the Nueterra parties, including employees' personnel
records of the Nueterra parties' current or former
employees (including Ms. Leiker) as well as financial
documents, tax returns, confidential marketing plans, and
confidential or proprietary information relating to all
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the parties' joint 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: personnel files,
medical records, tax returns, financial statements and
records, documents or records containing confidential or
proprietary information, business practices, business
strategies, research and development, technologies, sales
records and projects, business plans, marketing strategies,
and other documents deemed confidential by one or more
parties. Information or documents that are available to the
public may not be designated as Confidential Information.
Marking of Designated Materials.
that a party or any third party reasonably and in good faith
believes fall within the categories outlined in paragraph 2
hereof and should be subject to this Protective Order shall
be marked by placing the legend “CONFIDENTIAL” on
each page of the document.
extent that matter stored or recorded in the form of
electronic, machine-readable or other media (including
information, files, databases, or programs stored on any
digital or analog machine-readable device, computers, discs,
networks or tapes) (hereafter “Computerized
Material”) is produced by any party in such form, the
producing party may designate such matter as
“CONFIDENTIAL” by cover letter identifying such
material or by affixing to such media a label with the
appropriate legend. Whenever any party to whom Computerized
Material designated as “CONFIDENTIAL” is produced
reduces such material to hard-copy form, such party shall
mark such hard-copy form with the legend indicated in the
cover letter by which the material was sent or in accordance
with the label affixed to the media on which it was sent.
Reproducing Electronic Media.
extent that any party or counsel for any party creates,
develops or otherwise establishes on any digital or analog
machine-readable device, recording media, computer, disc,
network, tape, file, database or program information that is
designated “CONFIDENTIAL, ” that party and/or its
counsel must take all necessary steps to ensure that access
to such media is properly restricted to those persons who, by
the terms of this Order, may have access to the information
therein, and shall affix to any media containing confidential
information a label with the legend provided for in paragraph
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 word
“CONFIDENTIAL” (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 or party appearing pro se
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 a reasonable time after discovery of the inadvertent
failure and no less than 60 days before trial.
deposition testimony concerning “CONFIDENTIAL”
material is requested or elicited, ...