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Lewis v. KC Hopps, Ltd.

United States District Court, D. Kansas

May 2, 2019

KC HOPPS, LTD., et al. Defendants.

          Kyle B. Russell Kyle B. Russell, KS #20457 Camille L. Roe, KS #26104 JACKSON LEWIS P.C. ATTORNEYS FOR DEFENDANTS

          Sarah Liesen Sarah Liesen, KS #26988 Alexander L. Edelman, KS #25821 EDELMAN, LIESEN & MYERS, LLP ATTORNEYS FOR PLAINTIFF


          James P. O' Hara U.S. Magistrate Judge

         The parties agree during the course of discovery it may be necessary to disclose certain confidential information relating to the subject matter of this action. They agree 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 Plaintiff has asserted claims of failure to pay wages in violation of the Kansas Wage Payment Act; unlawful disability discrimination in violation of the Americans with Disabilities Act; and unlawful race discrimination in violation of Title VII. Some of the documents which may be produced in this case may contain confidential employment, personal, medical, and/or financial information regarding Plaintiff, and/or confidential employment or financial information regarding current and/or former employees, clients, or vendors of Defendants. Moreover, some of the documents may contain trade secrets, confidential financial, proprietary, or commercial information of Defendants.

         For good cause shown under Fed.R.Civ.P. 26(c), the court grants the parties' Joint Motion for Entry of Protective Order (ECF No. 22) 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 are restricted by statute or could potentially cause harm to the interests of the 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 files and other employment files relating to Defendants' employees' performance, discipline, or other matters where the employee may have an expectation of privacy;
• Personally Identifiable Information, including social security numbers, bank or other financial account information, and date of birth of Plaintiff and current or former employees of Defendants;
• Medical information of Plaintiff;
• Documents submitted to the EEOC and/or the Kansas Human Rights Commission that are not publicly available;
• Proprietary business records, including records created by Defendants, and/or relating to or from customers or clients of Defendants;
• Financial records of Plaintiff and Defendants;
• Proprietary documents or any documents related to any of Defendants' trade secrets; and
• Records whose disclosure are restricted or prohibited by statute, agreement, or otherwise.

         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 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 sixty (60) 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 after receipt of the deposition transcript. Such designation must be specific as to ...

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