United States District Court, D. Kansas, Kansas City Division.
M. Paulus, Brittany C. Mehl, CORNERSTONE LAW FIRM, Attorneys
for Plaintiff Timothy Hannon
J. Zickefoose, Kaitlin E. Gallen, POLSINELLI P.C., Ashley Z.
Hager, Emily E. Schifter, Admitted Pro Hac Vice
TROUTMAN SANDERS LLP, Attorneys for Defendant SunTrust Banks,
Inc., d/b/a Cohen Financial
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 involve
production and/or review of confidential information of the
parties and non-parties to this action, including personnel
records and confidential, proprietary or sensitive business
information of SunTrust Banks, Inc., d/b/a Cohen Financial
("SunTrust") as well as medical records, tax
information and other private documents or information of
Plaintiff. The parties in this action consent to entry of
this Consent Protective Order in order to protect the
legitimate privacy interests of the parties and non-parties
alike, and to provide Plaintiff Timothy Hannon and SunTrust
and their respective counsel, certain documents potentially
relevant to this action. For good cause shown under
Fed.R.Civ.P. 26(c), the court hereby enters the following
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:
• Proprietary, sensitive, or confidential business
• Financial, tax, and accounting statements and records
• Trade secrets
• Personnel records
• Medical records
• Information identifying current or former customers of
• Records whose disclosure is otherwise restricted or
prohibited by contract or statute
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
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 ten (10) days business days after discovery of the