United States District Court, D. Kansas
PISTOTNIK LAW OFFICE LLC, Attorneys for Plaintiff, Brian D.
Pistotnik, HITE, FANNING & HONEYMAN L.L.P., Attorneys for
Defendant Lowe's Home Centers, LLC.
D. Hawkins, McDONALD TINKER PA, Attorneys for Defendant
Brightview Enterprise Landscapes, LLC.
AGREED PROTECTIVE ORDER
P. O'HARA U.S. MAGISTRATE JUDGE.
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.
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
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.
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
(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
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. ...