United States District Court, D. Kansas
R. Benien Counsel for Plaintiff Kristin Lee Shepherd.
A. Krstulic Counsel for Defendant Riverside Transport, Inc.
JOINT PROTECTIVE ORDER
P. O'HARA U.S. MAGISTRATE JUDGE.
an employment case in which Plaintiff alleges violations of
Title VII of the Civil Rights Act and the Kansas Act Against
Discrimination. Jurisdiction is proper in this case under 28
U.S.C. § 1331. Defendant denies Plaintiff's
allegations in their entirety and denies that it violated any
laws. Plaintiff expects to request documents and information
regarding Defendant's operations that are both
proprietary and considered to be trade secrets, as well as
certain confidential personnel records. Defendant expects to
request documents and information regarding Plaintiff's
personal, financial, medical, educational, employment, and
mental condition. Defendant considers its proprietary
information, trade secrets, and personnel records to be
private and/or confidential. Plaintiff considers his
personal, financial, medical, educational, employment, and
mental condition to be private and/or confidential.
parties agree during the course of discovery it may be
necessary to disclose certain confidential information
relating to the subject matter of this action, including
financial and medical records of Plaintiff as well as
potential personnel and other confidential business
information of Defendants. 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
parties assert in support of their request that protection of
the identified categories of confidential information is
necessary because confidential personnel information is
anticipated to be the subject of discovery. The privacy
interests associated with such information substantially
outweigh the public's right of access to judicial
records. This Order will facilitate the exchange of
information between the parties. In addition, good cause
exists for the issuance of a protective order under Federal
Rule of Civil Procedure 26(c).
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 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, confidential financial information of
(b) Non-public proprietary or confidential information
relating to Defendant's business, marketing, sales,
policies and procedures, and/or employment practices,
including but not limited to documents containing trade
secrets, future business plans, market analysis, confidential
research, development, commercial or other proprietary
(c) The non-public, confidential personnel and/or human
resources files, or other employment records, of any of the
Defendant's current or former employees. This includes,
but is not limited to, information retained in personnel
files, job application materials, performance ratings,
employee compensation and payroll information, supervisor
notes, medical records, documents related to discipline
and/or termination, documents regarding attendance, and
information relating to employment policies.
(d) Confidential, proprietary, or trade secret information of
any third party;
(e) Health care information, personnel records, tax records,
or other financial information related to Plaintiff.
(f) Any testimony regarding Confidential Information as
defined in Paragraphs 2(a)-(d) above.
(g) Extracts and summaries prepared from such materials set
forth in Paragraphs 2(a)-(e) above.
(h) Those portions of briefs, affidavits, memoranda,
depositions, or other writings, including exhibits thereto,
which contain or refer to the Confidential Information.
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 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 thirty (30) 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.