Flores et al v. Stinson-Myers et al

Filing 11

AGREED PROTECTIVE ORDER. The court enters the protective order submitted by the parties but with modification to 5. Signed by Magistrate Judge James P. O'Hara on 1/24/2012. (ah)

IN THE UNITED STATE DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ERICA D. FLORES and LESLEA
M. LARSON

)
)
)
Plaintiffs
)
)
v.
) Case No: 11-CV-1355-KHV-JPO
)
JOAN STINSON-MYERS, AFFORD-A- )
CARE, INC., AND ARBOR HOMES,
)
L.C.
)
)
Defendants.
)
____________________________________)
AGREED PROTECTIVE ORDER
NOW, on this 24th day of January, 2012, the Court hereby enters a protective order
pursuant to Fed. R. Civ. P. 26(c). This case presents a claim of employment discrimination and
unpaid compensation which may lead to discovery of personnel files or records of defendants’
current or former employees and/or patient information 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.

That access to said personnel files and patient information 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.

That their use shall be restricted to pretrial, trial, and appellate proceedings in this

3.

In the event any party to this action disagrees with the designation of any

case.

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 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.

That such confidential documents may be filed under seal only upon separate,

specific motion and later order of the Court; notwithstanding this agreement, (1) documents
concerning hours worked, compensation, and any payroll practices, customs, and/or polices,
pertaining to, or applicable to, any named plaintiff or any opt-in plaintiff may be filed publicly
(provided that any SSN’s, bank account information, cell phone numbers, and similar
information are redacted); (2) documents that contain PHI may be filed on public record
provided that all personally-identifiable PHI can be redacted; (3) documents which the Court
rules may not be filed under seal, need not be filed under seal; (4) the parties may agree to forgo
filing specific documents under seal as the case progresses, with or without redactions as agreed
upon by the parties.

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5.

That any entities, including health care providers, are authorized (but not

required) to produce information about Afford-A-Care, Inc. and Arbor Homes, LLC’s policies,
practices, and procedures pertaining to scheduling and payroll, even if that includes protected
health information. This order is specifically authorized by 45 CF.R. § 164.512(e)(1)(i) and (ii).
6.

That 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.
7.

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
APPROVED:
WITHERS, GOUGH, PIKE, PFAFF & PETERSON, LLC
s/ Sean M. McGivern
Donald N. Peterson II, #13805 ([e-mail])
Sean M. McGivern, #22932 ([e-mail])
Nathan R. Elliott, #24567 ([e-mail])
200 W. Douglas, Suite #1010
Wichita, Kansas 67202
Phone: [phone]
Attorneys for Plaintiffs

LAW OFFICE OF SEAN M. DWYER
s/ Sean M. Dwyer
Sean M. Dwyer, #14997 ([e-mail])
111 S. Whitter
Wichita, KS 67207
Phone: [phone]
Attorney for Defendants
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