Wilson v. State Farm Mutual Automobile Insurance Company

Filing 19

PROTECTIVE ORDER regarding police department files. Signed by Magistrate Judge James P. O'Hara on 7/11/2018. (amh)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS AT WICHITA, KANSAS TIFFANY WILSON, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 18-1042-EFM PROTECTIVE ORDER The Wichita Police Department, in the above case, has been requested to release certain documents including investigative records and reports. The City of Wichita, through Elizabeth Harlenske, Assistant City Attorney, has asked this Court for a Protective Order claiming that such files contain irrelevant material, confidential material, and material which should be protected. WHEREUPON, THE COURT HEREBY ORDERS, ADJUDGES AND DECREES: 1. That the Wichita Police Department is hereby ordered to release copies of its reports pertaining to 17 C 028774. 2. That the parties to this lawsuit shall not copy, turn over or make available or disclose to any agency or person whatsoever any of the documents which have been provided from the Wichita Police Department files, except as stated in paragraph 3. 3. That the documents obtained from the files of the Wichita Police Department and any information gathered therefrom shall be treated as confidential and the same shall not be disclosed except as required in this case or unless referred to or testified to in open court. Further, 1 documents obtained from such files shall not be attached to any pleading without an order of this Court upon a showing of necessity and relevancy. 4. The Wichita Police Department reserves the right to raise any objection to the production of any specific report which would be contrary to any applicable statutory provisions, including any amendments thereto, which prohibit the release of such investigatory records. IT IS SO ORDERED. Dated July 11, 2018, at Kansas City, Kansas. s/ James P. O’Hara ___________________ HONORABLE JAMES P. O’HARA UNITED STATES MAGISTRATE JUDGE Approved: By s/ Elizabeth Harlenske Elizabeth Harlenske, #11059 Assistant City Attorney City Attorney’s Office City of Wichita 455 N. Main St. Wichita, KS 67202 Telephone: (316) 268-4681 Facsimile: (316) 268-4335 E-mail: eharlenske@wichita.gov Attorney for City of Wichita By s/ Dustin L. DeVaughn Dustin L. DeVaughn, #16559 Kathryn A. Wright, #27478 DeVAUGHN JAMES INJURY LAWYERS 3241 Toben St. Wichita, KS 67226 2 Telephone: Facsimile: E-mail: (316) 977-9999 (316) 425-0414 ddevaughn@devaughnjames.com kwright@devaughnjames.com Attorneys for Plaintiff By s/ Craig W. West Craig W. West, #13223 FOULSTON SIEFKIN LLP 1551 N. Waterfront Parkway, Suite 100 Wichita, KS 67206-4466 Telephone: (316) 291-9784 Facsimile: (866) 347-3143 E-mail: cwest@foulston.com Attorney for Defendant 3

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