United States District Court, D. Kansas
DAVID
M. KRUEGER (Pro Hac Vice) Aronoff LLP JOHN T. COGHLAN KUTAK
ROCK LLP Attorneys for Defendant
David
A. Chami PRICE LAW GROUP, APC J D Haas & Associates, PLLC
Attorneys for Plaintiff
AGREED 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 purposes of prosecuting or
defending this action and any appeals. The parties jointly
request entry of a Protective Order to limit the disclosure,
dissemination, and use of certain identified categories of
confidential information.
The
parties assert in support of their request that protection of
the identified categories of confidential information is
necessary because the parties may produce documents that
contain proprietary information or telephone numbers of
non-parties. For good cause shown under Fed.R.Civ.P. 26(c),
the court grants the parties' joint request for a
protective order 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 disclosing party or nonparties. For purposes of
this Order, the parties will limit their designation of
“Confidential Information” to the confidential
internal policies and procedures of Defendant and documents
that contain telephone numbers of individuals (other than
Plaintiff). 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 - 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 a 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 failure.
5.
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 be protected.
6.
Protection of Confidential Material.
a. 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.
b. 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 ...