United States District Court, D. Kansas
PLAINTIFF Anthony M. Hernandez Creighton P. Mayo Credit Law
EXPERIAN INFORMATION SOLUTIONS, INC. Patrick J. Beisell Danne
NATIONSTAR MORTGAGE, LLC Barbara L. Albert Akerman, LLP.
EQUIFAX INFORMATION SERVICES, LLC Guillermo Gabriel
Zorogastua Polsinelli P.C.
UNION, LLC Bryan E. Mouber James S. Kreamer Baker, Sterchi,
Cowden & Rice, LLC.
AGREED 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 such documents and information will
contain, inter alia, personal financial information,
trade secrets, and other sensitive business information not
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the parties' joint request and hereby enters the
following Protective Order:
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.
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:
Financial statements and records, personal information
concerning consumers not involved in this litigation,
proprietary business records, trade secrets, records whose
disclosure is restricted or prohibited by statute, and any
other confidential information the public disclosure of which
would harm a party or third party.
or documents that are available to the public may not be
designated as Confidential Information.
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” or the like (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. 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 seven (7) business days after discovery of the
Depositions. For testimony given in deposition or in
other pretrial proceedings, that the designating party may
identify on the record, before the close of the deposition,
hearing or other proceeding, all protected testimony that
contains confidential information, to be designated as
Confidential Information; portions of the testimony so
designated under this method shall be marked by the court
reporter in any transcript thereafter delivered. A party may
also, if it wishes, invoke on the record a right to have up
to 30 days from receipt of the deposition transcript to
designate specific portions of the testimony as Confidential
Information. Any testimony designated as Confidential
Information under either or both of the two methods
identified above shall thereafter be treated as such in
accordance with this order.
Protection of Confidential Material.
(a) General Protections. Designated
Confidential Information must be used or disclosed solely for
purposes of prosecuting or defending this lawsuit, ...