United States District Court, D. Kansas
Lowenstein Printed Name Counsel for Plaintiff
Randall Coffey Printed Name Samantha J. Monsees Counsel for
Defendants GROUP 1 AUTOMOTIVE, INC. AND GPI KS-SH, INC.
AGREED PROTECTIVE ORDER
P. O'Hara U.S. Magistrate Judge
parties agree that during the course of discovery it may be
necessary to disclose certain confidential information
relating to the subject matter of this action. They agree
that 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 this proposed Protective Order to limit the
disclosure, dissemination, and use of certain identified
categories of confidential information.
parties assert, in support of their request, that protection
of the identified categories of confidential information is
necessary because Plaintiff, Salvatore Termini
(“Plaintiff”), has alleged common law tort of
workers' compensation against Defendants Group 1
Automotive and GPI KS-SH d/b/a Shawnee Mission Hyundai
(“Defendants”). Given the nature of
Plaintiff's claims, confidential personnel and employment
records, confidential business records, and/or other
proprietary information are likely to be sought by the
parties. Disclosure of such information may violate the
privacy of third parties and employees who have not
authorized public disclosure of such information, and/or may
include disclosure of confidential or proprietary information
of the parties.
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
Protective 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
Protective Order will be strictly construed in favor of
public disclosure and open proceedings wherever possible.
Definition of Confidential Information.
in this Protective 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 the disclosing
party or nonparties.
purposes of this Protective Order, the parties will limit
their designation of “Confidential Information”
to the following categories of information or documents: (1)
non-public confidential information relating to
Defendants' business, financials, marketing, sales,
policies and procedures; (2) personal, medical, and financial
information regarding Plaintiff, Defendant, and/or third
parties; (3) Defendants' personnel records, including the
personnel file of Plaintiff and the personnel files of
current and former employees of Defendants who are not, and
are not expected to be, parties to this action; and (4)
Defendants' confidential, proprietary information and
trade secrets. Information or documents that are available to
the public may not be designated as Confidential Information.
listing these particular categories of information, no party
waives its right to object to the production of such
information/documents or to designate other documents as
confidential. The parties have the right to designate as
“Confidential” any documents they believe, in
good faith, include the information as described in the
Form and Timing of Designation.
producing party may designate documents as containing
Confidential Information, and therefore subject to protection
under this Protective Order, by marking or placing the words
“CONFIDENTIAL” and/or “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 Protective 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 Protective 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 the party
appearing pro se, thereby certifies that the
document contains Confidential Information as defined in this
Inadvertent Failure to Designate.
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
Protective Order, so long as a claim of confidentiality is
asserted within a reasonable time after discovery of the
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 the portions of the transcript and/or
any exhibits to be protected. There shall be no need to
re-designate documents or exhibits which have been previously
designated as Confidential Information.
Protection of Confidential Material.
Confidential Information must be used or disclosed solely for
purposes of prosecuting or defending this lawsuit, including
any appeals arising therefrom.
Who May View Designated ...