Clair et al v. King

Filing 40

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge James P. O'Hara on 3/19/2012. (ah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JERRY AND ELLEN CLAIR,
Plaintiffs,
Case No.: 6:11-cv-01170-JWL-JPO

v.
RODNEY KING d/b/a King Oil Operation
d/b/a King Oil Operations,
Defendant.

STIPULATED PROTECTIVE ORDER
NOW, on this 19th day of March, 2012, the Court hereby enters a protective order
pursuant to Fed. R. Civ. P. 26(c). This case presents a claim of securities fraud which may lead
to discovery of Plaintiffs’ financial records and bank statements which are ordinarily deemed
confidential. For good cause shown, the Court orders that any such documents produced or
disclosed during this litigation shall be used only for purposes of this lawsuit.
THE COURT FURTHER ORDERS:
1. Access to said financial records and bank statements designated by the producing party
as “confidential documents” with a stamp of “confidential” shall be limited to the parties, their
counsel, clerical and staff persons employed by counsel, expert witnesses, and the Court.
2. Use of such records shall be restricted to pretrial (e.g., depositions, summary judgment
motions), trial, and appellate proceedings in this case.
3. In the event any party to this action disagrees with the designation of any information
as confidential, the party challenging the propriety of a confidentiality designation must notify
the other party of its challenge in writing within 30 days of receipt of the confidential materials.
Failure by either party to object to the confidentiality designation within the time prescribed will

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serve as a waiver of any subsequent objection. Within 14 days after receipt of the objection, the
party asserting confidentiality of the information will respond and state its position in writing.
The parties shall first try to dispose of such dispute in good faith on an informal basis. If the
dispute cannot be resolved informally, the party seeking confidentiality of the information may
apply for appropriate relief from this Court. The Court shall be permitted to conduct an in
camera inspection of the confidential materials. The party seeking confidentiality of the
information shall have the burden of establishing that the information is entitled to confidential
treatment.
4. Confidential documents may only be filed under seal upon separate, specific motion
and later order of the Court.

Notwithstanding the above, the parties may agree to file

“Confidential” documents upon agreed-upon redactions and/or the parties may agree in writing
to forego filing under seal altogether upon specified terms and conditions agreed to by the
parties.
5. Within thirty (30) days after the conclusion of this litigation, all copies of the
confidential documents produced under this Protective Order shall either be destroyed or
returned to producing counsel.
6. The Court’s jurisdiction to enforce this order terminates upon final disposition of the
case. The parties may seek leave to reopen the case to enforce provisions of this order.
IT IS SO ORDERED.

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

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APPROVED:

WITHERS, GOUGH, PIKE, PFAFF & PETERSON, LLC

/s Sean McGivern
Donald N. Peterson II, #13805 ([e-mail])
Sean M. McGivern, #22932 ([e-mail])
200 W. Douglas, Suite #1010
Wichita, Kansas 67202
Phone: [phone]
Attorneys for Plaintiffs

KLENDA, MITCHELL, AUSTERMAN &
ZUERCHER, L.L.C.

/s Todd Shadid (with permission SMM)
Todd E. Shadid, #16615
Attorneys for Defendant

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