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Nueterra Capital Advisors, LLC v. Leiker

United States District Court, D. Kansas

March 7, 2018

AMY LEIKER et. al, Defendants. AMY LEIKER Plaintiff,

          Todd N. Tedesco, Tara S. Eberline, FOULSTON SIEFKIN LLP Attorneys for Nueterra Parties

          David L. Rein Jr. James J. Kernell, Kyle D. Donnelly, ERICKSON KERNELL IP, LLC Attorneys for Amy Leiker and Triple Aim Creative, LLC

          Heather J. Schlozman, Mark V. Dugan, Attorneys for Amy Leiker



         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 proposed 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 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 parties.

         For good cause shown under Fed.R.Civ.P. 26(c), the court grants the parties' joint request and hereby enters the following Protective Order:

         1. 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.

         2. 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: 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.

         3. Marking of Designated Materials.

         Documents 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.

         4. Electronic Media.

         To the 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.

         5. Reproducing Electronic Media.

         To the 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 3 above.

         6. Form 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 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.

         7. 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 a reasonable time after discovery of the inadvertent failure and no less than 60 days before trial.

         8. Depositions.

         If deposition testimony concerning “CONFIDENTIAL” material is requested or elicited, ...

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