United States District Court, D. Kansas
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 discovery propounded by plaintiff and
defendant may require the disclosure of confidential,
sensitive, personal, private and/or proprietary information
pertaining to the disclosing party that the disclosing party
contends and/or may contend is privileged, confidential,
private and/or not relevant to any issue in this civil
action. In addition, discovery may require the disclosure of
confidential, sensitive, personal, private, and/or
proprietary information pertaining to non-party current or
former employees of defendant Netsmart Techonologies, Inc.,
which ordinarily would be kept confidential and not disclosed
by defendant. Finally, discovery may also require the
disclosure of confidential, sensitive, personal, private,
and/or proprietary information pertaining to non-party
clients of defendant Netsmart Technologies, Inc., which
ordinarily would be kept confidential and not disclosed by
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the parties' Joint Motion for Protective Order (ECF No.
13) 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: medical records,
personnel files, tax returns, financial statements and
records, proprietary business records, records related to
non-party employees and clients of Netsmart Technologies,
Inc., trade secrets, records whose disclosure is restricted
or prohibited by statute. Information or documents that are
available to the public may not be designated as Confidential
Form 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” (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.
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
Order, so long as a claim of confidentiality is asserted
within 30 days after discovery of the inadvertent failure.
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.
Protection of Confidential Material.
Confidential Information must be used or disclosed solely for
purposes of prosecuting or defending this lawsuit, including
Who May View Designated Confidential Information.
with the prior written consent of the designating party or
prior order of the court, designated Confidential Information
may only be disclosed to the following persons:
(1) The parties to this litigation, including any employees,
agents, and ...