United States District Court, W.D. Missouri, Western Division
KAYS, CHIEF JUDGE.
McCormick & Schmick Restaurant Corporation
(“M&S”) has moved for a protective order
(Doc. 28), filed pursuant to Federal Rule of Civil Procedure
26(c)(1). Plaintiffs and M&S generally agree that a
protective order is appropriate and necessary for some of
M&S’s proprietary information. However, Plaintiffs
argue M&S proposes having the unilateral ability to deem
any document as confidential information, which Plaintiffs
fear can be abused, thereby complicating this relatively
straightforward personal injury lawsuit.
Court finds that M&S’s proposed protective order is
amply narrow, and does not give any Defendant the unilateral
ability to deem any document as confidential information.
Further, Plaintiffs have proposed no alternative language.
Therefore, the motion is GRANTED.
Purpose of Order. The purpose of this Order
is to prevent the disclosure of matters deemed confidential
under the terms of this Order and to facilitate the exchange
of information among the parties. This Order is necessary to
protect Defendants, their employees and other persons from
annoyance, embarrassment, oppression, undue burden, or
expense, and to protect the confidential and proprietary
business information of Defendants, including their
proprietary recipes, supplier relationships, and contracts.
The privacy interests of Defendants substantially outweigh
the public’s right of access to judicial records. Good
cause exists for the issuance of a protective order under
Fed.R.Civ.P. 26(c)(1) in order to limit the disclosure of
documents and information appropriately deemed confidential.
Confidential Information. Certain categories
of documents and information, if produced or disclosed during
this litigation, must be used only for purposes of this
lawsuit and will be treated as Confidential Information.
Confidential Information includes only:
a. Confidential and proprietary information relating to
Defendants’ business practices and finances, including:
trade secrets, recipes, internal policies, financial records,
tax records, and by-laws;
b. Confidential and proprietary information relating to
Defendants’ business relationships and expectancies
with third parties, such as: business agreements and
contracts; confidential correspondence; terms and nature of
payments; and planned business openings or expansions;
c. Confidential and proprietary information relating to
Defendants’ intellectual property, such as: documents
concerning the development of trademarks, copyrights, and
trade-dress; market studies; and marketing and branding
d. Personal and confidential information about past or
present employees of Defendants, including: employee
personnel files, evaluations, wage or benefits information;
tax forms and other tax documentation; personal information
such as social security number, telephone number and
residential address; and information relating to the
employee’s job performance.
Designating Material as Confidential. Any
party may designate as confidential any document or discovery
response produced after entry of this Order that qualifies as
“Confidential Information” under Section 2 by
conspicuously stamping or labeling the document or discovery
response with the word “Confidential.” Any
“Confidential” indication or designation applies
not only to the original materials, but also to all copies,
excerpts, abstracts, analyses, and summaries thereof. Except
as otherwise provided in this Order, documents and
information produced by a party may not be treated as
confidential pursuant to this Order unless they are stamped
or labeled in such a fashion. The inadvertent failure to
designate material as “Confidential” does not
preclude a party from subsequently making such a designation;
in that case, the material (and any copy of the material) is
treated as confidential only after the material has been
may designate deposition testimony as Confidential
Information by advising opposing counsel in writing within 30
days after receiving a copy of the transcript-or at such
other time as may be mutually agreed upon by the parties-of
the pages and lines of the deposition that the designating
party requires to be treated as confidential. All deposition
transcripts must be treated as Confidential Information until
the expiration of 30 days after receiving a copy of the
transcript, unless otherwise agreed to by the parties in
writing or on the record at the deposition. A party may, on
the record at the deposition, designate deposition testimony
as Confidential Information by advising all persons present
that the party believes that the portion of the deposition in
question falls under the scope of this Order.
Disclosure of Confidential Information.
Confidential Information must be treated as such by the
parties or other persons receiving such materials, and must
be utilized by such parties or other persons only for the
prosecution or defense of this case and in accordance with
the provisions of this Order.
of Confidential ...