United States District Court, D. Kansas, Kansas City
Michael K. Seck, FISHER, PATTERSON, SAYLER & SMITH,
L.L.P. ATTORNEYS FOR DEFENDANT CITY OF OLATHE, KANSAS
S. LeRoy, Jose M. Bautista, BAUTISTA LEROY LLC ATTORNEYS FOR
S. Gilmore Kirk T. Ridgway FERREE, BUN & RIDGWAY, CHTD.
ATTORNEYS FOR DEFENDANTS JOHNSON COUNTY, KANSAS
AGREED LIMITED PROTECTIVE ORDER
P. O’HARA U.S. MAGISTRATE JUDGE.
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.
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
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the Defendant's request and hereby enters the following
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 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.
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.