United States District Court, D. Kansas
NORTON, WASSERMAN, JONES & KELLY, L.L.C Norman R. Kelly,
KS #10639 ATTORNEYS FOR PLAINTIFF
SIMPSON, LOGBACK, LYNCH, NORRIS, P.A. Megan L. Moseley, KS
#23719 Morgan T. Kilgore, KS #27604 ATTORNEYS FOR DEFENDANT
GEARY COMMUNITY HOSPITAL
AGREED PROTECTIVE ORDER
P. O'Hara United States Magistrate Judge
parties agree that during the course of discovery and
informal settlement discussions 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 Agreed 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 confidential personnel information,
confidential/proprietary business information, and financial
information is anticipated to be the subject of discovery.
The privacy interests associated with such information
substantially outweigh the public's right of access to
judicial records. This Order will facilitate the exchange of
information between the parties.
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 Information regarding current and former employees
of Defendant. For purposes of this Order, “Personnel
Information” includes, but is not limited to
information typically retained in personnel files, job
application materials, any performance ratings, employee
compensation and payroll information, supervisor notes,
medical records, documents related to discipline and/or
termination, documents regarding attendance, and information
relating to employment policies.
Personnel Information regarding current and former job
applicants of Defendant.
Non-public financial information, policies and procedures,
and other confidential and/or proprietary information of
Health care information, personnel records, tax records, or
other financial information related to Plaintiff.
or documents that are available to the public may not be
designated as Confidential Information.
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 ten (10) days after discovery of the inadvertent
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. Such
designation must be specific as to the portions of the
transcript and/or any exhibits to be protected.
Protection of Confidential Material.
Confidential Information must be used or disclosed solely for
purposes of prosecuting or defending this lawsuit, including
any appeals, or any other related legal ...