United States District Court, D. Kansas
DR. MAHMOUD ABOUELENEIN, Plaintiff,
KANSAS CITY KANSAS COMMUNITY COLLEGE, THE BOARD OF TRUSTEES OF KANSAS CITY KANSAS COMMUNITY COLLEGE, and DR. JACQUELINE VIETTI, Defendants.
MOVE AND AGREE TO ABIDE BY THE TERMS OF THIS ORDER ANDREW W.
FUNK FUNK REIMANN LL ATTORNEYS FOR PLAINTIFF
MOVE AND AGREE TO ABIDE BY THE TERMS OF THIS ORDER ALAN L.
RUPE UZO N. NWONWU LEWIS BRISBOIS BISGAARD & SMITH LLP
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 discovery in this case may seek
confidential information concerning both parties and
nonparties, for example, but not limited to, confidential
personnel information, confidential investigative materials,
confidential financial and tax information, confidential
medical information, and other confidential information. The
privacy interests in such information substantially outweigh
the public's right of access to judicial records. This
Order will facilitate the exchange of information between the
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the parties' joint request for a Protective Order 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: confidential
personnel and personal information of current and former
employees, confidential investigative materials, confidential
financial and tax information of parties and non-parties, and
confidential medical information. Information or documents
that are available to the public may not be designated as
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 60 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
any appeals or any other related legal proceeding brought by
one of the parties to this litigation.
Who May View Designated ...