Dyer v. USD 500 et al

Filing 37

STIPULATED PROTECTIVE ORDER.The court enters the parties' stipulated protective order but has deleted proposed Paragraph 1(d) to conform to Guideline 2 of the Guidelines for Agreed Protective Orders for the District of Kansas. Signed by Magistrate Judge James P. O'Hara on 4/25/2012. (ah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MOZELLA DYER,
Plaintiff,
vs.
UNIFIED SCHOOL DISTRICT No.,
500, et al.,
Defendants

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Case No. 12-2081-JTM-JPO

JOINT STIPULATED PROTECTIVE ORDER
WHEREAS, this is an action for alleged discrimination, retaliation, defamation,
equal pay, whistleblower and other unlawful conduct against plaintiff by defendants in
violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §

2000e, et seq. and the American with Disabilities Act of 1990, as amended, 42
U.S.C. §§ 12101. In connection with this action, the parties acknowledge that the
disclosure of certain confidential documents pertaining to Defendant USD No. 500=s
employees, including personnel, disciplinary files, email communications, and
information relating to plaintiff’s tax returns and personnel files may be disclosed subject
to this Order.
WHEREAS, the parties believe they will be required, pursuant to Rule 26(a)(1)
disclosures and requests for production of documents, to produce documents and other
tangible things in their possession, custody, or control; and
WHEREAS, the parties mutually recognize the need to protect the confidential
nature of certain confidential documents to be provided; and
{K0361976.DOC; 1}

WHEREAS, this Court has for some time recognized the good cause supporting
the need to protect the confidential nature of certain documents including employee
discipline, training, health, wage, benefit and other personnel matters as well as
plaintiff’s tax information; and
WHEREAS, the above parties agree that these confidential documents and the
information contained therein should be given the protection of an order of this Court in
order to prevent injury through disclosure to persons other than those persons involved
in the prosecution of this litigation;
NOW, THEREFORE, IT IS HEREBY STIPULATED THIS 25th DAY OF APRIL,
2012:
1.

That the parties may designate the following types of documents provided

pursuant to Rule 26(a)(1) disclosures and requests for production of documents, as
confidential:
(a)

Personnel records

(b)

Confidential documents pertaining to Defendant USD No. 500=s
employees, including disciplinary files, email communications, notes and
other tangible things

(c)

Tax records and Social Security numbers

2.

That the Confidential Documents and the information contained therein

and derived therefrom shall be used by any party to this case (other than the party
producing the document) only for the purposes of this case. Furthermore, the materials
described in paragraph 1 above may only be disclosed to the following persons or
representatives of entities described below:
{K0361976.DOC; 1}

(a)

The Court and the jury, pursuant to Paragraph 6 of this Order;

(b)

Counsel who have appeared of record for a party in this case and

employees of such counsel;
(c)

Named parties and officers or employees of a party in this case who are

assisting counsel in the prosecution or defense of this case;
(d)

Persons specially retained by a party or counsel in this litigation to assist

in the preparation of this litigation for trial who are not regular employees of a party to
this litigation, and only if such persons need such Confidential Documents;
(e)

Any person of whom testimony is taken or to be taken in this litigation,

except that such a person may only be shown Confidential Documents during his/her
testimony and in preparation therefore, and only to the extent necessary for such
preparation of testimony;
(f)

Any mediator appointed by the Court or agreed to by the parties.

3.

That the parties agree to provide a copy of this Order to each person

given access to the Confidential Documents and the information contained therein or
derived therefrom pursuant to Paragraphs 2(b), 2(c), 2(d) or 2(e);
4.

Absent the agreement of the party producing such materials, the party

seeking to file confidential materials must first file a motion with the court and be
granted leave to file the particular document under seal in accordance with Holland v.
GMAC Mortg. Corp., 2004 WL1534179, at *2 (D. Kan. June 30, 2004)(setting forth
standard for obtaining leave to file documents under seal); Worford v. City of Topeka,
2004 WL 316073 (D.Kan.Feb.17, 2004). The motion should also recognize and comply
with the Court=s administrative procedures for electronically filing document(s) under
{K0361976.DOC; 1}

seal in civil cases;
5.

That if any party objects to the designation of a document as

"CONFIDENTIAL," such party may apply to the Court for a ruling that the document
shall not be so treated after giving ten (10) days prior written notice of such application
to all other parties. Unless and until this Court enters an order changing the confidential
designation of the document, such document shall continue to be protected as provided
for in this Order;
6.

That in the event any Confidential Documents are used in any court

proceeding herein, including depositions, such document shall not lose its confidential
status through such use, and the parties shall take all steps reasonably required to
protect the confidentiality of documents during such use;
7.

That by this Stipulated Protective Order the parties do not waive any legal

right or privilege to object to the production of any document, including any right or
privilege under the work product doctrine or attorney-client privilege;
8.

That if any party has cause to believe that a violation of this Order has

occurred or is about to occur, such party may ask this Court or any other proper court
for appropriate relief;
9.

It is understood that upon completion of the litigation only one copy of any

Confidential Documents may be retained by opposing counsel. All other Confidential
Documents and copies thereof in the possession, custody or control of any party or
counsel shall be destroyed or returned to the party from whom such Confidential
Documents were obtained, upon request of the producing party.
IT IS SO STIPULATED.
{K0361976.DOC; 1}

IT IS SO ORDERED this 25th day of April, 2012.

_/s James P. O’Hara____
James P. O’Hara
United States Magistrate Judge

{K0361976.DOC; 1}

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APPENDIX A

TO:_______________________________________
Re:

Confidential Documents Subject to Protective Order in
Dyer vs. Unified School District No. 500, et al.
United States District Court Case No. 12-2081-JTM-JPO

Dear Sir:
This is to certify that the undersigned has read and is fully familiar with the
provisions of the Protective Order dated _________________, 2012, signed by the
United States District Court Judge and filed in the captioned matter (hereinafter referred
to as ("Protective Order").
As a condition precedent to examining any discovery material pursuant to the
Protective Order, or obtaining any information contained in or derived from said
material, the undersigned hereby agrees that the Protective Order shall be deemed to
be directed to and shall include the undersigned, and the undersigned shall observe
and comply with the provisions of the Protective Order.
Very truly yours,

_____________________________
Name
_____________________________
_____________________________
_____________________________
_____________________________
Address

SIGNED at:________________________________________,
this ______ day of _________________________, 2012.

{K0361976.DOC; 1}

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Respectfully submitted by,
By: /s/ Mozella Dyer
Mozella Dyer
825 North Overlook Drive
Olathe, Kansas 66061
Telephone [phone]
Email: [e-mail]
PRO SE PLAINTIFF

By:

/s/ Deryl W. Wynn
Deryl W. Wynn
#12824
Mary M. Nero
#24446
McANANY, VAN CLEAVE & PHILLIPS, P.A.
10 E. Cambridge Circle Drive, Suite 300
Post Office Box 171300
Kansas City, Kansas 66117-1300
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
[e-mail]

ATTORNEYS FOR DEFENDANTS

{K0361976.DOC; 1}