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Moore v. Advance America

United States District Court, D. Kansas

May 23, 2018

ROBIN MOORE, Plaintiff,
v.
ADVANCE AMERICA, CASH ADVANCE CENTERS OF KANSAS, INC. Defendant.

          Kathryn S. Rickley Counsel for: Plaintiff

          Elizabeth E. Tobin Counsel for: Defendant

          JOINT PROTECTIVE ORDER

          JAMES P. O'HARA, U.S. MAGISTRATE JUDGE

         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 the purpose 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 the use of certain identified categories of confidential information.

         The parties assert that protection of the identified categories of confidential information is necessary to protect Plaintiff's personal, financial, and employment information. In addition, Defendant's proprietary information, trade secrets, financial information, and employment records of current and former employees need to be confidential because of the potential harm that could be caused if competitors and the general public were given access to such information. The privacy interests in such information substantially outweigh the public's right of access to these records. Good cause exists for the issuance of a protective order under Federal Rule of Civil Procedure 26(c).

         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 the 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:

• non-public, confidential financial information of Defendant;
• the non-public proprietary or confidential information relating to Defendant's business, marketing, sales, policies and procedures, and/or employment practices;
• the non-public, confidential personnel and/or human resources files, or other employment records, of any of the Defendant's current or former employees;
• pursuant to Paragraph 16, any confidential, proprietary, or trade secret information of any third party;
• employment records, medical records, financial and/or tax records relating to Plaintiff; and
• documents containing Plaintiff's home address, phone numbers, social security number, and date of birth.

         Information or documents that are available to the public may not be designated as Confidential Information.

         3. 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 words “CONFIDENTIAL” or “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” (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.

         4. 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 ...


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