United States District Court, D. Kansas
SPENCER FANE LLP COUNSEL FOR: DEFENDANTS
C. LIESEN EDELMAN, LIESEN & MYERS, LLP COUNSEL FOR:
PLAINTIFF TAWNYA MARTINEZ
STIPULATED 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 it is anticipated that discovery in this
case will involve the exchange of non-public information
pertaining to plaintiff and defendant, medical information,
practices and procedures, and non-public financial
information. Here, a protective order is appropriate to
protect the following types of confidential information which
may be subject to discovery: Plaintiff's employment
history and records which may include certain private medical
records, employment history and records of Defendant's
other employees, non-public company records, correspondence
and negotiations between Defendant and other third-party
companies, and Defendant's non-public financial and
for good cause shown under Fed.R.Civ.P. 26(c), the court
hereby enters the parties' Stipulated 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 is
restricted by statute or could potentially cause harm to the
interests of 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) Non-public information of plaintiff and of defendant,
which consists of non-public and confidential:
(1) business and operations methods, including procedures and
(2) personnel and service records and files relating to
(3) non-public correspondence regarding business deals and
negotiations between Defendant and other third-party
(4) non-public financial information of any party.
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” (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 14 days after discovery of the inadvertent failure.
testimony will be deemed confidential only if designated as
such when the deposition is taken or within 45 calendar days
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 ...