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Turner v. Casey's Retail Co.

United States District Court, D. Kansas

May 9, 2019

MICHELLE TURNER, Plaintiff,
v.
CASEY'S RETAIL COMPANY, Defendant.

          LAW OFFICE OF ROGER FINCHER, Roger D. Fincher, ATTORNEYS FOR PLAINTIFF

          WALLACE SAUNDERS, Schalie A. Johnson, ATTORNEYS FOR DEFENDANT

          AGREED PROTECTIVE ORDER

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

         WHEREAS, Plaintiff, Michelle Turner, (hereinafter “Plaintiff”) has agreed to enter into a Confidentiality Agreement to maintain the confidentiality of information, documents, and materials, in Casey's manuals, designated by Casey's Retail Company (“Casey's”) as “CONFIDENTIAL”, which may constitute trade secrets or other confidential proprietary research, development, financial or commercial information within the meaning of Fed.R.Civ.P. 26(c)(1)(G);

         WHEREAS, Casey's wishes to facilitate discovery, ensure appropriate protection for any such confidential information, and ensure that production of any such documents and things shall be used only for the purposes of this case and shall not be disclosed or used in any other way; and

         WHEREAS, the parties have agreed to jointly move this Court, pursuant to Fed.R.Civ.P. 26(c)(1)(G), for entry of this Protective Order, and the Court having found that, in light of the confidential or trade-secret nature of the sensitive information that may be sought by Plaintiff and/or produced in discovery by Casey's, good cause exists for the entry of the following Protective Order.

         The Court finds that the Protective Order is narrowly tailored to reflect the specific confidential information requested in discovery and that good cause has been shown for entry of a protective order pursuant to Rule 26(c)(1) of the Federal Rules of Civil Procedure, as follows:

         IT IS HEREBY ORDERED THAT:

         1. Confidential documents, information, testimony, and/or other materials designated by Casey's in Casey's manuals as “CONFIDENTIAL” pursuant to the Confidentiality Agreement and this Order, shall be maintained in confidence by Plaintiff, shall be used solely for purposes of this action, and shall be disclosed only in the manner as provided herein.

         2. All CONFIDENTIAL designations by Casey's and its counsel shall be made in good faith and made at the time of disclosure, production, or tender or at such other time as permitted by this Order, provided that the inadvertent failure to so designate does not constitute a waiver of such claim, and Casey's and its counsel may so designate materials as CONFIDENTIAL after such inadvertent failure, subject to the protections of this Order.

         3. Portions of testimony may also be designated as CONFIDENTIAL by Casey's and its counsel either at the time any such testimony is taken or in writing within twenty days after the transcript of the testimony has been received. The court reporter for any such testimony shall be informed of this Order by the party and the court reporter shall comply with and be bound by this Order. In the event Casey's designates portions or all of that testimony as CONFIDENTIAL, the court reporter shall so designate on the face of the transcript that all or portions of the transcript have been designated as CONFIDENTIAL pursuant to the terms of this Order. Such CONFIDENTIAL transcripts of deposition testimony shall be treated the same and afforded the same protections as other CONFIDENTIAL materials under this Order.

         4. If a party seeks to file any documents, information, testimony, and/or other materials (collectively “Materials”) containing CONFIDENTIAL information subject to protection under the Order, that party must take appropriate action to ensure that the document receives proper protection from public disclosure, such as: (a) filing a redacted document with the consent of a party who designated the document as confidential; or (b) seeking permission to file the document under seal by filing a Motion for Leave to file under seal in accordance with D.Kan.R. 5.4.6. Nothing in this Order will be construed as a prior directive to allow any document to be filed under seal. The mere designation of information as CONFIDENTIAL pursuant to this Order is inefficient to satisfy the Court's requirements for filing under seal in light of the public's qualified right of access to court dockets. The parties understand that the requested documents may be filed under seal only with the permission of the Court after proper motion. If the motion is granted and the requesting party permitted to file the requested to file the requested documents under seal, only counsel of record and unrepresented parties will have access to the sealed documents. Pro Hac Vice attorneys must obtained sealed documents from local counsel.

         5. CONFIDENTIAL materials designated by Casey's or its counsel shall be maintained in accordance with this Order and shall not be disclosed to anyone except as provided herein. Except as provided in this Order, CONFIDENTIAL materials and the contents thereof may ...


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