United States District Court, D. Kansas
Move and agree to abide by the terms of this Order Anne
Schiavone Kathleen E. Mannion Grant W. Geary Holman
Schiavone, LLC Attorneys For Plaintiff
Move and agree to abide by the terms of this Order Mark T.
Emert #22186 Brennan P. Fagan #20430 Fagan Emert & Davis,
LLC Attorneys For Defendant
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 the lawsuit includes allegations grounded
in employment law and claimed personal, emotional and
financial injuries necessitating the need to protect
personal, business and commercial information.
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: medical records,
personnel files, tax returns, financial statements and
records, proprietary business records and records whose
disclosure is restricted or prohibited by statute.
Information 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 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” include
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 7 business days after discovery of the inadvertent
Depositions. Deposition 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
Protection of Confidential Material.
General Protections. Designated Confidential
Information must be used or disclosed solely for purposes of
prosecuting or defending this lawsuit, including any appeals,
or any other related legal proceeding brought by one of the
parties to this litigation.
Who May View Designated Confidential Information.
Except with the prior written consent of the designating
party or prior order of the court, designated Confidential
Information may only be disclosed to the following persons:
(1) The parties to this litigation, including any employees,
agents, and ...