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Arnold v. City of Olathe

United States District Court, D. Kansas, Kansas City

September 26, 2019

MARK ARNOLD, Plaintiff,
v.
CITY OF OLATHE, KANSAS, et al, Defendants.

          Michael K. Seck, FISHER, PATTERSON, SAYLER & SMITH, L.L.P. ATTORNEYS FOR DEFENDANT CITY OF OLATHE, KANSAS

          Andrew S. LeRoy, Jose M. Bautista, BAUTISTA LEROY LLC ATTORNEYS FOR PLAINTIFF

          Alex S. Gilmore Kirk T. Ridgway FERREE, BUN & RIDGWAY, CHTD. ATTORNEYS FOR DEFENDANTS JOHNSON COUNTY, KANSAS

          AGREED LIMITED PROTECTIVE ORDER

          JAMES P. O’HARA U.S. MAGISTRATE JUDGE.

         The Parties assert that during the course of discovery it may be necessary to disclose certain confidential information relating to the subject matter of this action and 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.

         Defendants assert in support of this request that protection of the identified categories of confidential information is necessary because they anticipate producing documents pertaining to the criminal investigation of the event giving rise to this action; personnel files of parties and non-parties; audio and video recording from the event. This Protective Order is made and entered into by the agreement of all parties.

         For good cause shown under Fed.R.Civ.P. 26(c), the court grants the Defendant's request and hereby enters the following Protective Order:

         1. Scope.

         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.

         2. Definition of Confidential Information.

         As used in this Order, “Confidential Information” is defined as documents and recordings that the producing party designates in good faith have 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: The contents of the Defendants’ criminal investigation files, including videos and audio recordings, from the events that form the basis for this action together with the personnel records of any law enforcement officer produced during discovery. Information or documents and things that are available to the public may not be designated as Confidential Information.

         3. Form and Timing of Designation.

         The 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.

         4. Inadvertent ...


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