United States District Court, D. Kansas
CAROL A. KELLOGG, Plaintiff,
THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, Defendant.
Wagstaff, Jr., Michelle C. Pflumm, LAW OFFICE OF TOM
WAGSTAFF, JR., LLC Attorneys for Plaintiff
Matthew M. Merrill, Elizabeth D. Moeller, BROWN &
RUPRECHT, PC 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 this case will involve the exchange of
documents and information between Plaintiff and Defendants,
who are individuals and entities with an interest in
protecting private, proprietary and confidential information
and documents. Such documents may include information
relating to Defendants' business, including proprietary
information that took time, labor and money to develop, such
as policies and procedures, training and in-service
documents, job descriptions, and other information that is
confidential and proprietary to Defendants, and that gives it
a business advantage and is not in the public domain.
Accordingly, in order to protect the confidential and
proprietary nature of this information, the parties agree
that it would be in the best interest of those directly and
indirectly involved in this litigation for the Court to enter
a protective order.
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: policies and
procedures, job descriptions, in-service and training
materials, and other proprietary business records.
or documents that are available to the public may not be
designated as Confidential Information.
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 - 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
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 ten (10) days after discovery of the inadvertent
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