Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lockas v. Lowe's Home Centers, L.L.C.

United States District Court, D. Kansas

April 26, 2019

MARY LOCKAS, Plaintiff,
v.
LOWE'S HOME CENTERS, L.L.C.; BRIGHTVIEW ENTERPRISE LANDSCAPES, L.L.C.; SNOWGO, L.L.C.; JEFF LIMANOWSKI d/b/a SNOWGO; and SNOWGO NATIONAL HOLDINGS L.L.C., Defendants.

          PISTOTNIK LAW OFFICE LLC, Attorneys for Plaintiff, Brian D. Pistotnik, HITE, FANNING & HONEYMAN L.L.P., Attorneys for Defendant Lowe's Home Centers, LLC.

          Jerry D. Hawkins, McDONALD TINKER PA, Attorneys for Defendant Brightview Enterprise Landscapes, LLC.

          AGREED PROTECTIVE ORDER

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

         This case arises out of a slip and fall incident that allegedly occurred when plaintiff slipped on ice in a Lowe's parking lot. Plaintiff alleges that she sustained injuries as a result of the fall. Plaintiff contends the fall was caused by the negligence of the defendants.

         Plaintiff and defendants Brightview Enterprise Landscapes L.L.C. and Lowe's have a mutual interest in the orderly and prompt production of discovery. Defendants have expressed concerns about the production of proprietary or sensitive information and documents in response to discovery propounded in this matter. Having weighed the issues related to having a court decide the propriety of a confidentiality designation, a compromise has been reached. The compromise, as set forth below, provides for mutual agreement of issues of confidentiality. For good cause shown under Fed.R.Civ.P. 26(c), the court hereby enters the following Protective Order.

         1. Defendants may designate all documents or materials produced in this action, including but not limited to initial disclosures, responses to discovery requests, all deposition testimony and exhibits, and information derived directly therefrom, by defendants as confidential by marking the document as being produced pursuant to protective order, or other similar designation, if defendants believe in good faith such document contains or reflects trade secrets, commercial information, non-public proprietary information, or information not publicly disseminated as outlined below. Any designations placed on the paper documents, photographs or videotapes shall be placed so as to not obscure or obstruct any information on the document.

         2. 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:

(A) Documents containing confidential financial information;
(B) Documents containing personal identification information, such as personnel files containing date of birth and social security number;
(C) Proprietary business records, contacts and trade secrets;
(D) Product design schematics, drawings and warnings;
(E) Internal policies and procedures;
(F) Documents containing information which a party is prohibited from publicly disclosing by applicable law or regulations.

         "Document" means any writing or recording consisting of letters, words, numbers or images or their equivalent, set down by handwriting, typewriting, stenotype, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, electronic inputs and outputs, computer printouts or logs, computer history files or any other form of data compilation or recordation. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.