Wildman et al v. American Century Services, LLC et al

Filing 40

STIPULATED PROTECTIVE ORDER. Signed on 11/17/16 by Chief District Judge Greg Kays. (Strodtman, Tracy)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
STEVE WILDMAN, et. al.,
Plaintiffs,
v.
AMERICAN CENTURY SERVICES, LLC,
et. al,
Defendants.

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No. 4:16-CV-00737-DGK

STIPULATED PROTECTIVE ORDER
Pending before the Court is the Parties’ Joint Motion for Protective Order (Doc. 39), filed
pursuant to Federal Rule of Civil Procedure 26(c). Adopting the parties’ joint request, the Court
GRANTS the motion and ORDERS as follows:
1.

Any party to this litigation and any non-party shall have the right to designate as

“Confidential” and subject to this Order any information, document, or thing, or portion of any
document or thing (hereinafter “Documents”): (a) that contains trade secrets, competitively
sensitive technical, marketing, financial, sales or other confidential business information, or (b)
that contains private or confidential personal information, or (c) that contains information
received in confidence from third parties, or (d) which the producing party otherwise believes in
good faith to be entitled to protection under Rule 26(c)(1)(G) of the Federal Rules of Civil
Procedure (“Confidential Material”). Any party to this litigation or any non-party witness
covered by this Order, who produces or discloses any Confidential Material (the “Producing
Party”), including without limitation any information, document, thing, interrogatory answer,
admission, pleading, or testimony, shall mark the same with the following legend:
“CONFIDENTIAL.”

2.

All Confidential Material sha be used b the party that receiv such ma
M
all
by
y
ves
aterial

(the “Rec
ceiving Party solely fo purposes of the prosec
y”)
or
o
cution or defense of this action, sha not
s
all
be used by the rece
eiving party for any bu
usiness, com
mmercial, co
ompetitive, p
personal or other
purpose, and shall no be disclos by the re
ot
sed
eceiving part to anyone other than those set for in
ty
e
rth
Paragraph 3, unless and until the restrictions herein are removed either by writ
a
e
s
tten agreeme of
ent
counsel for the partie or by Or
f
es,
rder of the Court.
C

This Order has n effect up
s
no
pon, and sha not
all

apply to, a Producing Party’s use of its own Confidential Material fo any purpose.
g
e
C
l
or
3.

Confidential Mate
erial and the contents of Confidential Material m be disc
e
f
may
closed

he
g
s
ollowing con
nditions:
only to th following individuals under the fo
a.
.

Couns of record including outside coun and rele
sel
d,
o
nsel
evant in-hous counsel fo the
se
or
parties;

b.

Exper witnesses or consultan retained by a party o its counse for purpos of
rt
nts
or
el
ses
this ac
ction, provid that they or someon else employed at the same entity have
ded
y
ne
signed a non-discl
d
losure agreement in the form attache hereto as Exhibit A;
ed

c.
.

Secret
tarial, parale
egal, clerica duplicatin and data processing personnel o the
al,
ng
of
forego
oing;

d.

The Court and cou personne
C
urt
el

.
e.

Court reporters, st
tenographers audio pers
s,
sonnel, and v
videographe transcribi or
ers
ing
record
ding depositi
ions or testim
mony in this Action;
s

f.

Any deponent ma be shown or examined on any inf
d
ay
formation, d
document or thing
d
design
nated Confid
dential, prov
vided that suc disclosure is reasonab necessar
ch
e
bly
ry;

g.

Vendo retained by or for the parties to assist in pre
ors
eparing for p
pretrial disco
overy,
trial and/or hearin including but not lim
a
ngs
g,
mited to litig
gation support personnel jury
l,
consu
ultants, indiv
viduals to prepare demon
nstrative and audiovisua aids for u in
d
al
use
the co
ourtroom or in depositio or mock jury sessio
ons
k
ons, as well as their staf and
ff
clerica employee whose duties and r
al
es
d
ties require access to such
responsibilit
materials, provide that they or someone else emplo
ed
e
oyed at the same entity have
signed a non-discl
d
losure agreem in the f
ment
form attache hereto as E
ed
Exhibit A or have
r
otherw agreed in writing to non-disclos
wise
o
sure;

2

h.

The parties. In the case of pa
p
arties that are corporatio or other business ent
e
ons
tities,
“party shall mean employees officers, di
y”
n
s,
irectors, repr
resentatives, general part
,
tners,
limited partners, and affiliates; provided that such pe
a
ersons are assisting the party
with this litigation
t
n;

i.

A non
n-party (incl
luding a for
rmer officer, director, o employee of a Party) who
,
or
)
author or previo
red
ously receive the Confi
ed
idential Mate
erial;

j.

The parties’ insu
p
urance carriers and the insurance carriers’ co
e
overage cou
unsel,
provid that they or someon else emp
ded
ne
ployed at the same entity have sign a
ned
non-d
disclosure agreement in the form atta
t
ached hereto as Exhibit A and
A;

k.

Any mediator or arbitrator eng
m
a
gaged by the named Par
e
rties to this a
action.

4.

Confidential Material shall be used onl by individuals permi
b
ly
itted access to it

aragraph 3. Confidentia Material, copies thereo and the i
al
c
information contained th
herein,
under Pa
of,
shall not be disclosed in any man
d
nner to any other person until and u
o
n,
unless (a) the party or wi
e
itness
g
ality waives the claim of confide
s
entiality, or (b) the Co
ourt allows such
asserting confidentia
disclosur
re.
5.

With respect to an depositions that invo
r
ny
olve a disclos
sure of Conf
fidential Ma
aterial

y
ion, such par shall hav until thirty (30) days a
rty
ve
y
after receipt of the depos
sition
of a party to this acti
transcript within wh
t
hich to info
orm all othe parties th portions of the tran
er
hat
nscript are t be
to
designate Confident which period may be extended b agreement of the parti
ed
tial,
e
by
t
ies. Confide
ential
Material in a depositi transcrip shall be de
ion
pt
esignated as follows:
a.
.

A list of page and line numbe of such d
d
ers
designations shall be pro
ovided by co
ounsel
for an party or non-party within such t
ny
n
w
thirty (30) d period. If designated as
day
Confidential withi the thirty (30) day per
in
riod, the foll
lowing legen shall be p
nd
placed
e
he
d
ranscript and each copy of the trans
d
script
on the front of th original deposition tr
contai
ining Confid
dential Mater
rial: “CONF
FIDENTIAL (where the entire trans
L”
e
script
is des
signated as such) or “C
CONTAINS CONFIDEN
NTIAL MA
ATERIAL” w
where
portio of the transcript are designated as such by identifying the Confide
ons
ential
Mater therein by page and line).
rial
b
l

b.

If port
tions of a vid
deo-recorded deposition are designat as Confi
d
n
ated
idential, the v
video
record
ding shall be labeled wit the same legends, as appropriate. If a Docu
e
th
ument
that ha been desig
as
gnated as Co
onfidential is marked as a exhibit in a deposition that
s
an
n,
3

exhibi shall be tr
it
reated as Confidential or under this Protective O
r
Order withou the
ut
need for further de
f
esignation by counsel as set forth in this paragra
b
s
n
aph.
6.

No de
eposition tra
anscript shall be disclosed to any person other than the pe
ersons

d
aph
t
nt
30)
nd
vidual
described in Paragra 3 and the deponen during the thirty (3 days, an no indiv
ese
attending such a dep
g
position shal disclose th contents o the depos
ll
he
of
sition to any individual other
y
than thos described in Paragraph 3 above du
se
h
uring said th
hirty (30) day
ys.
7.

In the event that any Confi
e
t
idential Mat
terial is inc
cluded with, or the con
ntents

thereof are in any way disclosed, in any pl
a
w
leading, mot
tion, or othe paper to b filed wit the
er
be
th
Clerk of this Court, the filing par shall mov to file suc pleading, motion, or o
t
rty
ve
ch
other paper u
under
suant to all applicable te
a
erms and req
quirements o the Local Rules and Federal Rul of
of
l
les
seal purs
Civil Pro
ocedure.

In connectio with suc motion, the Party t
on
ch
that designa
ated the ma
aterial

Confiden
ntial shall ha the burd under ap
ave
den
pplicable law of showing that such m
w
g
material con
ntains
confident informat
tial
tion and sho
ould be main
ntained unde seal.
er

Co
onfidential M
Material may only
y

be filed under seal pursuant to a court order authorizing the sealing of the spec
u
p
r
g
g
cific Confide
ential
Material at issue. Nothing in th Protective Order shal prevent th Court from disallowin the
N
his
ll
he
m
ng
filing of designated Confident
f
d
tial Materia under se
al
eal.

If the Court so disallows, such
e

Confiden
ntial Materia shall be placed in the public c
al
t
case file.

te
on
The ultimat dispositio of

Confiden
ntial Materia filed under seal with th Court wi be subject to a final o
al
r
he
ill
t
order of the C
Court
upon the completion of this actio
on.
8.

If cou
unsel for a Receiving Pa hereund objects to designation of any or all of
R
arty
der
o
n

such item as Confid
ms
dential, the fo
ollowing pro
ocedure shall apply:
l
a.
.

Couns for the objecting party shall s
sel
serve on the Producing Party a w
e
g
written
object
tion to suc designati
ch
ion, which shall desc
cribe with particularity the
y
Docum
ments in que
estion and sh state the grounds fo objection. Counsel fo the
hall
e
or
or
Produ
ucing Party sh respond in writing to such objec
hall
d
o
ction within 1 days, and shall
14
d
state with partic
cularity the grounds f
for asserting that the Documents are
g
s
4

Confidential. If no timely written re
f
y
esponse is m
made to th objection the
he
n,
challe
enged design
nation will be deemed to be void. If the Produci Party ma
e
f
ing
akes a
timely response to such obj
y
jection asse
erting the propriety of the designa
ation,
counsel shall then confer in go faith in an effort to r
n
ood
resolve the d
dispute.
b.

If a di
ispute as to a Confidenti designati of a Doc
ial
ion
cument cannot be resolve by
ed
agreem
ment, the Re
eceiving Par may pres
rty
sent the disp
pute to the C
Court in a fo
ormal
motion for an ord regardin the challe
der
ng
enged desig
gnation, whi shall be filed
ich
under seal to the extent that it refers to the substa
e
t
o
ance of the Document. The
Docum
ment that is the subject of the filing shall be tre
g
eated as orig
ginally design
nated
pendin resolution of the disp
ng
n
pute.

9.

If the need arises during trial or at any H
Hearing befo the Court for any par to
ore
t
rty

disclose Confidential information it may do so only afte giving noti to the Pr
C
l
n,
er
ice
roducing Par
rty.
10.

To th extent co
he
onsistent wit applicabl law, the inadvertent or unintent
th
le
tional

re
dential Mate
erial that sh
hould have been design
nated as suc regardle of
ch,
ess
disclosur of Confid
whether the informat
t
tion, docume or thing was so desig
ent
gnated at the time of dis
e
sclosure, sha not
all
be deeme a waiver in whole or in part of a pa
ed
i
n
arty’s claim of confident
tiality, either as to the spe
r
ecific
informati docume or thing disclosed or as to any oth material o informatio concernin the
ion,
ent
d
a
her
or
on
ng
same or related subje matter. Such inadve
r
ect
ertent or unin
ntentional d
disclosure ma be rectifie by
ay
ed
notifying in writing counsel for all parties to whom the material wa disclosed that the ma
g
o
as
aterial
should ha been des
ave
signated Con
nfidential wi
ithin a reaso
onable time a
after disclosu
ure. Such n
notice
shall con
nstitute a designation of the informa
f
ation, docum
ment or thin as Confid
ng
dential under this
Protectiv Order.
ve
11.

n
tent
aken disclosu of any in
ure
nformation, d
document or thing
When the inadvert or mista

protected by privilege or work-pr
d
e
roduct immu
unity is disco
overed by the producing p
e
party and bro
ought
to the att
tention of the receiving party, the rec
e
p
ceiving party treatmen of such material shall be in
y’s
nt
accordan with Fed
nce
deral Rule of Civil Pro
o
ocedure 26(b
b)(5)(B). Su inadver
rtent or mist
taken
uch
disclosur of such in
re
nformation, document or thing shall not by itse constitute a waiver b the
d
r
l
elf
e
by
5

producing party of any claims of privilege or work-product immunity. However, nothing herein
restricts the right of the receiving party to claim waiver of privilege or to challenge the producing
party’s claim of privilege if appropriate within a reasonable time after receiving notice of the
inadvertent or mistaken disclosure.
12.

No information that is in the public domain or which is already known by the

receiving party through proper means or which is or becomes available to a party from a source
other than the party asserting confidentiality, rightfully in possession of such information on a
non-confidential basis, shall be deemed or considered to be Confidential Material under this
Protective Order.
13.

This Protective Order shall not deprive any party of its right to object to discovery

by any other party or on any otherwise permitted ground. This Protective Order is being entered
without prejudice to the right of any party to move the Court for modification or for relief from any
of its terms.
14.

This Protective Order shall survive the termination of this action and shall remain

in full force and effect unless modified by an Order of this Court or by the written stipulation of the
parties filed with the Court.
15.

Within 30 days of the final conclusion of this litigation (including the exhaustion of

any appeals), each party or other individual subject to the terms hereof shall be under an obligation
to to return to the originating source, or to destroy, all originals and unmarked copies of documents
and things containing Confidential Material, if requested by the producing party; provided,
however, that counsel may retain complete copies of all transcripts and pleadings including any
exhibits attached thereto for archival purposes, subject to the provisions of this Protective Order.
To the extent a party requests the return of Confidential Material from the Court after the final
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conclusion of the litigation, including the exhaustion of all appeals therefrom and all related
proceedings, the party shall file a motion seeking such relief.
16.

A non-party from whom discovery is sought by the parties to this action may

designate discovery Material as “Confidential” pursuant to and consistent with the terms of this
Stipulation and Order. Under such circumstances, any Material designated “Confidential” by a
non-party shall be afforded the same protections as Material so designated by a party, and all duties
applicable to a Disclosing Party under this Stipulation and Order shall apply to a non-party
designating Material “Confidential.” All obligations applicable under this Stipulation and Order to
Parties receiving Confidential Material shall apply to any Party receiving Confidential Material
from such non-party.

IT IS SO ORDERED.

/s/ Greg Kays
GREG KAYS, CHIEF JUDGE
UNITED STATES DISTRICT COURT
DATED: November 17, 2016

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