Waun v. Russell Cellular, Inc.

Filing 19

JOINT PROTECTIVE ORDER. The court finds good cause to enter the protective order submitted by the parties, but with deletion of original paragraph F to conform to the District of Kansas Guidelines for Protective Orders. Signed by Magistrate Judge James P. O'Hara on 3/13/2013. (ah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
STAURLA C. WAUN

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Plaintiff,
vs.
RUSSELL CELLULAR, INC.
Defendant.

JOINTLY PROPOSED PROTECTIVE ORDER
NOW on this 13th day of March, 2013, the Court has before it the Jointly Proposed
Protective Order of the parties. The Court makes the following findings:
1.

When complying with Federal Rule 26 or when responding to discovery requests,

the Plaintiff anticipates being required to produce Plaintiff’s financial and medical records and
the Defendant anticipates being required to produce personnel records of its employees.
Employees of Defendant may have a privacy interest in their personnel records and Plaintiff’s
medical records and financial records are confidential in nature.
2.

Due to the fact that personnel records of Defendant’s employees and Plaintiff’s

financial and medical records are sensitive in nature, there is good cause to enter a protective
order in accordance with Federal Civil Rule 26(c).
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, as follows:
A.

This Protective Order only applies to the personnel records of Defendant’s current

and former employees, Plaintiff’s medical records, Plaintiff’s financial records, and to any
interrogatory answer which would require disclosure of personnel information of Defendant’s
employees, of Plaintiff’s medical treatment, or of Plaintiff’s financial information.
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B.

The parties shall place a “Confidential” stamp on each page of the document

deemed to be confidential or each page of the interrogatory answers deemed to be confidential
relating to personnel information about Defendant’s employees, relating to Plaintiff’s medical
information or relating to Plaintiff’s financial information.
C.

The documents and/or interrogatory answers stamped “Confidential” produced by

a party shall be used by the receiving party solely for the purposes of conducting this proceeding
and shall not be disclosed or used for any other purpose, or in connection with any other
litigation or proceeding, whether civil, criminal, administrative or investigative. Such documents
and/or interrogatory answers shall not be viewed by or disclosed to any third parties, with the
exception of any experts used by the parties, legal counsel, and staff, court personnel, and court
reporters. The documents may be used as evidence at trial and may be disclosed to the jury at
trial.
D.

Within sixty (60) days of the resolution of this case, whether by final judgment or

appeal, the party that received the documents marked “Confidential” shall return to the other
party the documents provided herein and stamped “Confidential” or, alternatively, shall destroy
the documents.
E.

Should any provision herein be violated by any party to this stipulation, the Court,

at its option, may enter appropriate sanctions against the violating party.
F.

This Jointly Proposed Protective Order does not require that any document be

placed under seal. Nor does it apply to non-parties.

IT IS SO ORDERED.

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Dated March 13, 2013

s/ James P. O’Hara
JAMES P. O’HARA
UNITED STATES MAGISTRATE JUDGE

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As stipulated:
DUGAN SCHLOZMAN LLC

LEWIS, RICE, & FINGERSH, L.C.

By: /s/ Heather J. Schlozman
Heather J. Schlozman, Esq. KS #23869
Mark V. Dugan, Esq., KS #23897
8826 Santa Fe Drive, Suite 307
Overland Park, KS 66204
Tel.: (913) 322 – 3528
Fax: (913) 904 – 0213
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFF

By: /s/ Joseph E. Bant
Thomas M. Martin, Esq., KS #13620
Joseph E. Bant, Esq., KS #23982
1010 Walnut, Suite 500
Kansas City, MO 64106
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
ATTORNEYS FOR DEFENDANT

NEALE & NEWMAN, LLP
By:
/s/ Daniel K. Wooten
Daniel K. Wooten, MO Bar No. 48061
Amanda M. Dumey, MO Bar No. 62861
One Corporate Centre, Suite 1-130
P.O. Box 10327
Springfield, MO 65808-0327
Telephone: [phone]
Facsimile: 417-882-2529 or 882-4988
E-mail: [e-mail]
ATTORNEYS FOR DEFENDANT

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