United States District Court, D. Kansas
Matthew L. Bretz BRETZ & YOUNG, LLC Attorney for
Andrew Marino, #21716 Justen P. Phelps, #22670 GIBSON WATSON
MARINO LLC Attorneys for Defendants
AGREED PROTECTIVE ORDER
P. O'HARA, U.S. MAGISTRATE JUDGE
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
parties assert in support of their request that protection of
the identified categories of confidential information is
necessary because Plaintiff in furtherance of her claim for
punitive damages seeks discovery of internally developed
company policies and procedures, proprietary information or
software, and other commercial information that the
Defendants maintain confidentially as part of their course of
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the parties' joint request and hereby enters the
following Protective Order:
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.
Definition of Confidential Information.
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:
A. Internal administrative and business policies, procedures
B. Information related to the training of employees,
including but not limited to that which deals with employee
and customer safety.
C. Construction, architectural or other drawings or diagrams
D. Software used in conjunction with business policies,
procedures or practices, including those outlined in (A),
(B), (C), (D), and (E).
E. Defendant's financial information related to profits,
losses, revenue and expenses;
F. Surveillance video captured by Defendants within their
G. Other documents produced in the future which may require
protection under this Order.
or documents that are available to the public may not be
designated as Confidential Information.
and Timing of Designation.
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