United States District Court, D. Kansas
RICHARD C. WALLACE, Plaintiff,
MIDLAND CREDIT MANAGEMENT, INC., Defendant.
Stecklein #16330 Michael H. Rapp #25702 Matthew S. Robertson
#27254 Stecklein & Rapp Chartered Attorneys for Plaintiff
M. Martin #13620 M. Cory Nelson, Kan. Dt. Ct. #78428 Lewis
Rice LLC Attorneys for Defendant
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
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 documents and information have been and may
be sought, produced or exhibited by and among the parties to
this action which represent, relate to, reflect and/or
contain trade secrets, confidential research, development,
technology or other proprietary information belonging to the
Defendants, as well as financial and account information,
personal income, personal identifying information, and credit
and collection information related to Plaintiff.
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:
(a) trade secrets;
(b) confidential research, development,
technology or other proprietary information;
(c) financial and account information,
personal income, personal identifying information, and credit
and collection information; and
(d) Records whose disclosure is otherwise
restricted by statute, a privilege recognized by law, or the
terms of a pre-existing agreement or court order.
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 promptly
asserted after discovery of the inadvertent failure. If a
party designates a document as Confidential Information after
it was initially produced, the receiving party, on
notification of the designation, must make a reasonable
effort to assure that the document is treated in accordance
with the provisions of this Order, and upon request from the
producing party certify that the designated documents have
been maintained as Confidential Information.
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. The Parties shall have 21 days
from the date a deposition is taken, or 14 days from the date
a deposition transcript is received, whichever date is
greater, to serve a notice to all parties designating
portions as Confidential Information as defined in Paragraph
2 or 3. Until such time, all deposition testimony shall be
treated as Confidential Information. To the extent any
designations are made on the record during the deposition,
the designating party need not serve a notice re-designating
those portions of the transcript as Confidential Information.
Any party may challenge any such designation in accordance
with Paragraph 8 of this Order.
Protection of Confidential Material.
Confidential Information must be used or disclosed solely for
purposes of prosecuting or defending ...