Canavan v. Kenney Realty Services, LLC

          PROTECTIVE ORDER FED.R.CIV.P. 26(C)

          KIMBERLY A. SWANK, UNITED STATES MAGISTRATE JUDGE

         This case is before the Court for entry of a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure on a Joint Motion by Plaintiff Aislrng Canavan ("Plaintiff) and Defendants Kenney Realty Services, LLC, Kenney Properties, Inc., and Kenney Holdings, LLC ("Defendants").

         WHEREAS, the discovery sought by Plaintiff and Defendants (collectively the "Parties") in the above-styled case is likely to involve the production of documents, things, and witness testimony containing Confidential Information; and

         WHEREAS, the Parties have, through counsel, stipulated to the entry of this Protective Order (the "Order"), which shall apply to this civil action only, to prevent unnecessary dissemination or disclosure of Confidential Information; and

         The purpose of this Order is to govern the parties' handling and disclosure of personal and proprietary information during discovery, mediation and pre-trial motions. This Order does not govern testimony at trial or any hearing; nor does this Order govern any tangible thing that may be offered into evidence at any trial or hearing. Nothing in this Order should be read as authority to restrict public access to judicial records, court testimony, matters in evidence, or to any information relied upon by a court in making its decisions. Nothing in this Order should be read as authority to file any document under seal without prior authorization from this Court.

         It is therefore ORDERED, that the following terms and conditions, having been agreed to by the Parties, are approved by the Court, and binding on all parties to this action:

         1. This Protective Order shall apply to all information, documents and things produced by a party in this action, including without limitation, testimony adduced at depositions upon oral examination or upon written questions pursuant to Rules 30 and 31, answers to Interrogatories pursuant to Rule 33, documents produced pursuant to Rule 34, information obtained from inspection of premises or things pursuant to Rule 34, answers to requests for admission pursuant to Rule 36, and documents or testimony compelled under Rule 45. Information and documents produced in this civil action by a non-party may be subject to this Order if requested by the producing non-party or by a party to this action if the party can claim that the information is confidential to it. The party or nonparty claiming protection of information under this Order shall be called the Designating Party.

         2. All parties and attorneys of records in the action, and all other persons and entities possessing or granted access to material under this Order shall be bound by tins Order. The Court may impose sanctions on any person or entity possessing or granted access to material under this Order who discloses or uses the material for any purpose other than as authorized by this Order or who otherwise violates the terms of this Order.

         3. Documents-Confidential. Documents which are designated and stamped "Confidential" shall be utilized by the party receiving such documents for no other purpose than in connection with this litigation. Except with the prior written consent of each Designating Party, or pursuant to an Order of this Court, material designated as Confidential shall not be shown, described, or otherwise revealed to any person or entity, except:

i) parties to this action and their officers, directors, agents, or employees with a need for such access in order to prosecute or defend this action;

ii) paralegals, office clerks, secretaries and clerical or support personnel employed by outside counsel of record for a party to this action;

iii) consulting experts and testifying experts and their employees who have been engaged by outside counsel for a party to this action for the purpose of assisting in this action;

iv) deposition court reporters and videographers;

v) the Court, including judicial employees and all other necessary personnel, such as ...