United States District Court, D. Kansas
JOSEPH P. HUERTER, Administrator of the Estate of P.N.D., deceased, and STEPHANIE RHOADS, Individually and for and on behalf of all of the surviving heirs-at-law of P.N.D., a minor, deceased, Plaintiffs,
THE STATE OF KANSAS, DEPARTMENT for CHILDREN and FAMILIES, GINA MEIER-HUMMEL, in her Official Capacity as Secretary; KVC BEHAVIORAL HEALTHCARE, INC.; and JOHN/JANE DOES, Individually and in their personal capacities, Defendants.
G. SCHULTZ, DEREK JOHANNSEN, HEATHER R. HATLEY FRANKE SCHULTZ
& MULLEN, P.C. Attorneys For Defendant KVC Behavioral
Gregory A. Lee, Esq. Danielle N. Davey, Esq. SLOAN,
EISENBARTH, GLASSMAN, MCENTIRE & JARBOE, L.L.C. Attorneys
for Gina Meier-Hummel in her Capacity as Secretary of the
Kansas Department of Children and Families
P. Pope, Esq., Thomas B. Diehl, Esq., Gregory S. Diehl, Esq.
RALSTON, POPE & DIEHL, LLC Attorneys for Plaintiffs
Corliss Scroggins Lawson, Esq. OFFICE OF GENERAL COUNSEL
KANSAS DEPARTMENT FOR CHILDREN AND FAMILIES Defendants The
State of Kansas Department of Children and Families
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
The services provided by DCF and KVC for children whom Kansas
state courts have found to be “children in need of
care” are to be kept confidential under K.S.A.
38-2209(a), the disclosure of which is punishable by criminal
prosecution. The children whose records are being sought are
children determined to be “in need of care” under
K.S.A. chapter 38, and thus the records relating to said
children are confidential under state law. Additionally, this
action encompasses private corporations who have the right to
confidentiality of corporate records which will be disclosed
during litigation and may include personal and confidential
information of non-parties and non-party minors.
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.
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:
(a) Records of children whose disclosure is restricted or
prohibited by statute;
(b) Non-public, confidential information regarding other
children placed in DCF custody referred by DCF to KVC for
(c) KVC records including documentation regarding KVC foster
parents and foster children, records of non-party foster
children, personnel files or other employee related records,
financial statements and corporate financial documentation,
board and/or committee minutes, internal audits or results of
review processes, internal communications regarding foster
children or cases;
(d) Sealed Court records;
(e) Medical records of plaintiffs or decedent;
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 words
“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 of 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
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 30 days after discovery of the inadvertent failure.
testimony will be deemed confidential only if designated as
such when the deposition is taken or within a reasonable time
period after receipt of the deposition transcript.
Protection of ...