Nelson v. Acosta-Corrales et al

Filing 50

AGREED PROTECTIVE ORDER. The court finds good cause to enter, in large part, the protective order submitted by the parties. However, the court has deleted the last sentence of paragraph 7 and all of original paragraph 8, both of which violated Guid eline 3 (regarding filings under seal) of the District of Kansas Guidelines for Agreed Protective Orders. The court notes that it rejected the parties' first proposed protective order, in part because it also violated Guideline 3. The court sp ecifically directed the parties to Guideline 3 and asked them to submit an agreed protective order that conformed to the Guidelines. Yet, they did not. Counsel are admonished to review all of the District's local rules and guidelines before proceeding in this litigation. Signed by Magistrate Judge James P. O'Hara on 4/8/2013. (ah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
AMANDA NELSON, as Parent, Natural Guardian
And Next Friend of C.I.S., a Minor, Heir-at-Law of
CHRISTOPHER SCOTT HAYS, deceased, and
LARINDA HAYS, as Administrator and Heir-at-Law of
CHRISTOPHER SCOTT HAYS,

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Plaintiffs,
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vs.
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JOSE ACOSTA-CORRALES and
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DEANGELO BROTHERS, INC.,
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Defendants.
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_______________________________________________ )

Case No. 12-1419-JAR

AGREED PROTECTIVE ORDER
NOW, on this 8th day of April, 2013, this matter comes before the Court by agreement
of the parties for entry of a Protective Order pursuant to Fed. R. Civ. P. 26(c). Plaintiff Amanda
Nelson appears by and through her counsel of record, Stephen L. Brave of the Brave Law Firm,
L.L.C. Plaintiff Larinda Hays appears by and through her counsel of record, Norman L. Kelly,
Esq. of Norton, Wasserman, Jones & Kelly, L.L.C. Defendants appear by and through their
counsel of record, Eldon L. Boisseau, of the Law Offices of Eldon L. Boisseau, L.L.C.
WHEREUPON, counsel for plaintiffs and defendants advise the Court that defendants are
producing documents containing confidential information. To prevent confidential documents
produced in this case from being disclosed beyond the parameters permitted in this Order,
counsel for all parties agree that there should be limited disclosure of such documents and
information. Counsel further agrees that by making these documents available for inspection, and
by providing the information, the producing party is not waiving any claim of confidentiality,

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privilege or work product.
STATEMENT OF FACTS
This case arises from a motor vehicle accident on June 7, 2012 involving the defendant,
Jose T. Acosta-Corrales, and the decedent, Christopher Scott Hays. The plaintiffs, Amanda
Nelson and Larinda Hays, bring a survival claim and wrongful death claim against Jose T.
Acosta-Corrales, and his employer, DeAngelo Brothers, Inc.
Given the nature of the Plaintiffs’ claims, discovery in this case will involve disclosure of
confidential/trade secret information. A request for production has already been made by
Plaintiff Amanda Nelson for Jose Acosta-Corrales’ personnel file from DeAngelo Brothers, Inc.,
a policy manual and a safety manual from DeAngelo Brothers, Inc. In light of the discovery
already propounded and further discovery likely to be conducted, good cause exists for the
issuance of a protective order in this case.
WHEREUPON, after considering the statements of counsel and their agreement herein,
the Court finds that such a protective order should be issued.
IT IS THEREFORE BY THE COURT CONSIDERED, ORDERED, JUDGED AND
DECREED:
1.

Disclosure of Jose Acosta’s DeAngelo Brothers, Inc. personnel file, DeAngelo
Brothers, Inc. policy manual, and DeAngelo Brothers, Inc. safety manual is
confidential and subject to this Order. For purposes of this Order, "Party" shall
include the parties, their attorneys, and their attorneys' staff members.

2.

Information disclosed subject to this Protective Order shall not, without prior
approval of the disclosing party in writing, be disclosed in any manner by the
receiving party to any natural person or legal entity other than the receiving

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party's own agents and employees and consulting and/or retained experts.
3.

Each time the receiving party discloses to any natural person or legal entity,
including its own agents and employees and consulting and retained experts,
information subject to this Protective Order, it will inform the natural person or
legal entity to whom the disclosure is made that the information is subject to this
Order, and it will obtain the agreement, in writing, of that natural person or legal
entity to be bound to the terms of this Order.

4.

At the conclusion of this case, whether by settlement, judgment or other final
order, all documents subject to this Order received in paper form shall be returned
to the party which originally disclosed them, along with copies of all written
agreements obtained pursuant to the provisions of paragraph 3 of this Order.

5.

At the conclusion of this case, whether by settlement, judgment or other final
order, all documents subject to this Order received in electronic form shall be
destroyed. A written confirmation that the designated documents have been
permanently deleted must be sent to the party which originally disclosed them,
along with copies of all written agreements obtained pursuant to the provisions of
paragraph 3 of this Order.

6.

Any information received subject to Protective Order may be used for the
prosecution or defense of the above-styled action only, and may not be used or
revealed in any manner in any other contemporaneous or future action.

7.

Notwithstanding any other provisions of this Order, confidential documents may
be used as exhibits during depositions in this case, provided, however, the
reporter shall be instructed not to furnish copies of any such material or disclose

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its contents to any person other than counsel for the respective parties. To the
extent that the transcript of any deposition, or exhibit thereto, incorporates
information from a confidential document, such transcript or exhibit shall be
subject to the terms of this Protective Order.
8.

Counsel's agreement to this Order shall not be construed as a waiver of objections
or as requiring the parties to produce such documents. This Order is intended to
apply only to those documents which are required to be or are actually produced.
By producing such documents and information for inspection, the parties have not
waived any claim of confidentiality, the attorney-client privilege, work product
protection, or any other privilege associated with any of such documents or with
any communications between counsel and the parties or their employees or agents
concerning the subject matter of this litigation.

9.

The provisions of this Order shall not terminate at the conclusion of this action.
Unless otherwise agreed upon by the parties or otherwise determined by later
order of this Court upon conclusion of this action, all documents covered by this
Protective Order shall be returned to the party producing the documents or
destroyed pursuant to the provisions of paragraphs 4 and 5 of this Order. Copies
of these documents provided to experts, consultants or the law firm representing a
party shall be returned to the attorneys for the producing party or deleted
permanently with written confirmation to the producing party at the conclusion of
this action and no copies of such documents shall be retained by such experts,
consultants or others.

10.

This Court shall retain jurisdiction to make amendments, modifications and

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additions to this Order as the Court may from time to time deem appropriate
either on motion of the parties or on its own motion, as the case may be.

IT IS SO ORDERED.
Dated April 8, 2013, at Kansas City, Kansas.

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

PREPARED BY:
By: __s/Eldon L. Boisseau____
Eldon L. Boisseau, SC #08022
Attorney for Defendants
O.W. Garvey Building
200 W. Douglas, Suite 101
Wichita, KS 67202
[phone] Telephone
[phone] Facsimile
Email: [e-mail]

APPROVED BY:
By: __s/Stephen L. Brave ____
Stephen L. Brave, SC #20025
Attorney for Plaintiff Amanda Nelson
3500 N. Rock Road, Building 100
Wichita, KS 67226
[phone]
[phone] (fax)
[e-mail]

By: __s/Norman R. Kelly ____

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Norman R. Kelly, SC #10639
Attorney for Plaintiff Larinda Hays
213 S. Santa Fe
P.O. Box 2388
Salina, KS 67402
[phone]
[phone] (fax)
[e-mail]

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