United States District Court, D. Kansas
SHAMBERG, JOHNSON & BERGMAN, CHARTERED David R. Morantz,
ATTORNEY FOR PLAINTIFF
LOGAN & WATSON, L.C Jeff K. Brown, ATTORNEYS FOR
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 this matter involves a plaintiff whose
medical records and personal information should be protected
from public disclosure. This medical negligence action is
brought by the plaintiff and relates to claimed injuries
suffered during plaintiff's labor and delivery process.
(See ECF No. 1) Because of the type of the claims being made
and the nature of the alleged injuries, certain documents are
relevant and discoverable, but should be maintained
confidential in this litigation because of either their
sensitive/personal nature and/or the need for proprietary
business reasons. The matter also involves potential personal
information and proprietary business information involving
the defendants which should similarly be protected from
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the parties' Amended Agreed Motion for Protective Order
(ECF No. 15) and hereby enters the following Protective
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) All medical records and bills of Dorcas Afful;
b) All social security numbers, dates of birth, drivers'
license numbers, and contact information of the parties to
c) All insurance and social security records of the parties;
d) All financial and/or tax records of the parties;
e) All documents obtained by any party using an authorization
provided by any other party; and
f) All documents concerning any of the parties in any way
relating to the topics/categories addressed in subsections
a-e, above, obtained by any party via subpoena.
g) All documents and photographs produced by any party in
response to discovery requests and labeled as
or documents that are available to the public may not be
designated as Confidential Information.
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 ...