Alvarez v. Associated Wholesale Grocers, Inc. et al

Filing 11

STIPULATED PROTECTIVE ORDER. The court finds good cause to enter the protective order submitted by the parties. Signed by Magistrate Judge James P. O'Hara on 9/17/2012. (est)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MARTIN G. ALVAREZ,
Plaintiff,
v.
ASSOCIATED WHOLESALE GROCERS,
INC. and TEAMSTERS LOCAL 955,
Defendants.

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Case No. 12-CV-2113 JTM/JPO

STIPULATED PROTECTIVE ORDER
The parties, having stipulated to the entry of a protective order for certain documents, and
the Court, having made an independent determination that good cause exists for a protective
order for certain documents, HEREBY GRANTS THE PARTIES’ JOINT MOTION FOR
ENTRY OF PROTECTIVE ORDER (doc.10) and ORDERS:
1.

Facts Establishing Good Cause.

Plaintiff Martin G. Alvarez (“Alvarez” or

“Plaintiff”) is a former employee of Defendant Associated Wholesale Grocers, Inc. (“AWG”) and
was a member of Teamsters Local 995 (“the Teamsters Union”). In his lawsuit, Plaintiff claims
that he was discriminated against on the basis of his age and that he was subject to harassment
and retaliation. AWG and the Teamsters Union deny Plaintiff’s allegations and contend that they
acted in compliance with all applicable laws. Due to the nature of Alvarez’s allegations, it is
anticipated that confidential tax, medical and personnel information about Alvarez, and
personnel information of non-party current and former AWG employees, may be produced by the
parties during the course of litigation. The parties recognize that the public disclosure of such
confidential information may cause injury to Plaintiff, AWG and/or current or former AWG
employees not parties to this litigation. Further, the parties recognize that certain documents

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submitted to and generated by administrative agencies, such as the EEOC, may be confidential.
This Order protects the parties and prohibits the public release of confidential tax, personnel and
medical information of Alvarez, confidential information from administrative agencies and
personnel information of non-parties, while allowing the parties access to information each seeks
to discover and minimizing any potential harmful effects on either the parties or non-parties.
The Court finds that the parties properly seek to protect such confidential and proprietary
information as well as to protect all parties and non-parties from any annoyance or
embarrassment that unrestricted disclosure may potentially cause.
2.

Document Defined. When used in this Stipulated Protective Order, “Document”

means those documents related to Alvarez’s tax and medical records, administrative records and
any and all personnel information regarding AWG’s current or former employees that either party
makes available pursuant to Fed. R. Civ. P. 26, or in response to Requests for Production or
Interrogatories, or any other discovery response.
3.

Designation of Documents. Any party to this Stipulated Protective Order may

designate as “Confidential” any document, or portion thereof, which it produces and which that
party’s counsel has determined in good faith is entitled to protection because it contains
confidential information as defined in this Order. Each document, or portion of a document,
designated as “Confidential” (hereinafter “Designated Document”) shall be marked accordingly
and shall be subject to restrictions as provided in this Stipulated Protective Order; provided,
however, that any and all portions of all tax, personnel and medical information relating to
AWG’s current or former employees (including Plaintiff) shall automatically be deemed to
contain confidential information and will be designated and treated as “Confidential” without

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any marking or other individual designation as such. Where only a portion of a Designated
Document can fairly be designated “Confidential,” only such portion shall be so designated.
4.

Method of Marking.

Unless otherwise provided in this Stipulated Protective

Order, documents subject to this Stipulated Protective Order shall be designated as
“Confidential” by clearly stamping or otherwise marking the word “Confidential” on all pages
(unless such a mark would impair the legibility of the document, in which case the stamp or
mark should appear on the first available page where legibility would not be impaired). If only a
portion of the document is designated, the page(s) containing the designated portions shall be
identified on the first page of the document (unless such a mark would impair the legibility of the
document in which case the stamp or mark should appear on the first available page where
legibility would not be impaired).
5.

Objections to Designation.

Whenever any party marks a document as

“Confidential,” the other party shall have twenty (20) days after receiving the documents marked
“Confidential” to send a written objection to the other party. If the parties are unable to reach
agreement after personal consultation, the objecting party may, after complying with the Local
Rules of this Court, present a motion to the Court to strike or modify the treatment of the
document as “Confidential.” The document shall continue to have the benefit of the designated
status until further order of the Court.
6.

Confidential Documents. Except with the prior written consent of the designating

party or the prior order of this Court, documents designated as “Confidential” and the
information contained therein shall be used in connection with this litigation only and shall not
be disclosed to any person other than:
a.

The parties to this litigation, including their agents, employees, and
representatives, and their counsel of record;

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b.
c.

Third-party experts, consultants, or counsel retained specifically in
connection with this litigation, provided that any such person is given a
copy of this Stipulated Protective Order and agrees to be bound by its
provisions;

d.

Any person who testifies at deposition or at trial (or is reasonably expected
to testify) in this proceeding, provided that such person is given notice of
the terms of this Stipulated Protective Order and that all testimony taken
concerning Designated
Documents or information contained therein
be marked “Confidential;”

e.

Any court reporters and/or videographers present in their official capacity
at any hearing, deposition or other proceeding in this action; and

f.
7.

Employees of the counsel of record who are assigned to assist such
counsel in connection with this litigation;

Court personnel or members of the jury.

Use of Designated Documents for Motions. In the event a party wishes to deposit

or file any document designated as “Confidential” with the Clerk of this Court, it shall first file a
motion with the Court seeking leave to file the particular document under seal. Should the Court
grant the motion, the party seeking to file the document under seal must follow the procedures
set forth in D. Kan. Rule 5.4.6.
8.

Disclosure of Designated Documents. No party receiving a Designated Document

shall disclose it or its contents to any person other than those described in paragraph 6, and in no
event shall such party make any use of such Designated Document other than for the purpose of
this litigation.
9.

Acknowledgment. A person given access to Confidential material under the terms

of Paragraphs 6(c) or (d) of this Order shall not be granted access thereto until such person has
agreed to be bound by the terms of this Stipulated Protective Order and has signed an
acknowledgment in the form attached hereto as “Exhibit A.” Executed copies of “Exhibit A”
shall be maintained by counsel for the party disclosing the Confidential material to the persons

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permitted in Paragraphs 6(c)-(d) of this Order. At any reasonable time, any party may request in
writing that all copies of Exhibit A which have been signed by persons pursuant to this paragraph
be provided to that party. Such copies shall be provided within ten (10) calendar days after
receipt of the written request.
10.

Inadvertent Disclosure. In the event of an inadvertent disclosure of a party’s

Confidential information, the party making the inadvertent disclosure shall, upon learning of the
disclosure: (i) promptly notify the person to whom the disclosure was made that it contains
Confidential information subject to this Stipulated Protective Order; and (ii) promptly make all
reasonable efforts to obtain the return of, and preclude dissemination or use of, the Confidential
information by the person to whom disclosure was inadvertently made.
11.

Objections and Rights Reserved. This Stipulated Protective Order shall not

prejudice the rights of, or prevent, any party from:
a.
b.

Objecting to the offer or introduction of any document into evidence on
any valid ground at the time such document is offered;

c.

Redacting Confidential information from any document;

d.
12.

Objecting on any valid ground to the production of any document;

Seeking other protection from the Court concerning any document.

Use at Hearing or Trial. The parties will not be prevented from using any

Designated Document or information designated as “Confidential” in examining a witness at any
hearing or trial or in publishing such Designated Document or information to the jury. The use at
any hearing or at trial of any Designated Document or information designated as “Confidential”
as evidence shall be governed by the Federal Rules of Evidence.

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13.

Modification. Any party to this Stipulated Protective Order may apply to the

Court, on reasonable notice to all parties, for relief or modification of any provision of this
Order.
14.

Return of Documents. Within thirty (30) days of the conclusion of this litigation

by settlement, final judgment, or final order, including all appeals, all Designated Documents,
and all copies (except exhibits filed of record) shall be returned by counsel to the party who had
previously produced the Designated Documents upon such party’s written request, unless the
parties agree to a method for the destruction of the Designated Documents.
IT IS THEREFORE ORDERED that the parties’ Joint Motion for Entry of Protective
Order (Doc. 10) is granted.
IT IS SO ORDERED.
Dated September 17, 2012.

s/ James P. O’Hara
James P. O’Hara
U.S. Magistrate Judge

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Submitted by:
/s/ David R. Hills
David R. Hills, KS # 6551
Law Offices of David R. Hills
15700 College Boulevard
Suite 200
Lenexa, KS 6219 – 1473
(913) 888- 8844
(913) 327 – 8492 (Fax)
[e-mail]
Attorney for Plaintiff
/s/ James C. Sullivan
James C. Sullivan, KS FED #70453
Polsinelli Shurgart PC
Twelve Wyandott Plaza
120 W. 12th Street
Kansas City, MO 65105 – 1929
[phone]
(816) 374 – 0509 (fax)
[e-mail]
Attorney for Defendant Associated Wholesale Grocers, Inc.

/s/ Jason R. McClitis
Jason R. McClitis, Attorney at Law, USDC KS #78355
Blake & Uhlig, P.A.
475 New Brotherhood Building
735 State Avenue
Kansas City, KS 66101
(913) 321 – 8884
(913) 321 – 2396 (fax)
[e-mail]
Attorney for Teamsters Local 955

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MARTIN G. ALVAREZ,
Plaintiff,
v.
ASSOCIATED WHOLESALE GROCERS,
INC. and TEAMSTERS LOCAL 955,
Defendants.

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Case No. 12-CV-2113 JTM/JPO

ACKNOWLEDGMENT
The undersigned acknowledges that (s)he has read the Stipulated Protective Order
entered in this action by the United States District Court of Kansas, on ______________, 2012,
that (s)he understands its terms, and that (s)he agrees to be bound by the terms of that Order.
Dated:

Signature

Printed Name

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