Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Morgaridge v. Kwik Shop, Inc.

United States District Court, D. Nebraska

August 13, 2018

SCOTT W. MORGARIDGE, Plaintiff,
v.
KWIK SHOP, INC., a Kansas Corporation; and THE KROGER CO., an Ohio Corporation; Defendants.

          PROTECTIVE ORDER

          MICHAEL D. NELSON UNITED STATES MAGISTRATE JUDGE

         THIS MATTER is before the Court on the parties' Joint Stipulation and Motion for Protective Order (Filing No. 32). The Court finds that the parties are engaged in discovery which may involve, among other things, the production or disclosure of information deemed confidential. Accordingly, the Court Finds that for good cause shown under Federal Rule of Civil Procedure 26(c), this Protective Order should be and hereby is granted as follows:

         1. Purpose of Order.

         The purpose of this Order is to prevent the disclosure of documents and information deemed confidential under the terms of this Order to persons or entities other than those involved in the prosecution or defense of this lawsuit. The Order is necessary to protect both the parties and other persons from annoyance, embarrassment, and oppression, as well as to safeguard confidential business and proprietary information. Discovery in this case may seek the following documents and information of a private or confidential nature from parties and nonparties: (a) employment, payroll and personnel records, which contain social security numbers of Plaintiff and Defendants' employees, as well as information regarding the compensation paid to those employees and disciplinary actions taken against them; (b) proprietary business and trade secret information related to Defendants' business and associated business operations; (c) Plaintiff's personal health information and (d) other documents and information of a private or confidential nature. The privacy interests in such documents and information substantially outweigh the public's right of access to judicial records. Thus, good cause exists for the issuance of a protective order under Federal Rule of Civil Procedure 26(c).

         2. Confidential Documents and Information.

         The parties have agreed that the following categories of documents, and the information contained in them, if produced or disclosed during this lawsuit, shall be treated as “confidential” and used only for purposes of this lawsuit:

a. Employment, payroll and personnel records concerning or related to the Plaintiff;
b. Any medical, psychiatric or counseling records concerning or related to the Plaintiff;
c. Personal identity information of the Plaintiff, including income tax returns (including attached schedules and forms), W-2 forms and 1099 forms;
d. Employment, payroll and personnel records, and individually identifiable records that pertain to present or former employees of, or applicants for employment with, the Defendants;
e. Financial and accounting records of Defendants that are confidential and not part of the public record, including but not limited to financial reports, profit and loss statements, balance sheets, billing records, store performance and sales data, projected financial information, and business plans;
f. Proprietary or trade secret information relating to Defendants' business, business operations or customers; and
g. Documents that may be produced by third-parties in response to subpoenas;

         By protecting the above categories of documents and information, this Order does not guarantee that such documents or information will be produced (nor does the parties' stipulation mean or infer that any responsive documents or information exist). The requesting party must still establish the relevance of such documents or information as per Rule 26(b). This Order shall not apply to any documents or information that are available to the public or to documents or information that are lawfully obtained from sources other than the parties through the discovery process.

         3. Definitions.

         As used in this Order, “document” shall mean any written, recorded, graphic, or other matter, whether produced, reproduced, or stored on paper, cards, tapes, discs, belts, charts, film, computer storage devices, or any other medium, and includes, but is not limited to, agreements, applications, calendars, charts, complaints, correspondence, diagrams, diaries, drafts, drawings, electronic mail, evaluations, files, graphs, interrogatory answers, responses to requests for admission, journals, ledgers, letters, manuals, memoranda, minutes, notes, photographs, plans, proposals, records, reports, responses to requests for admissions, statements, stenographic recordings, studies, tape recordings, transcripts, and video recordings. As used in this Order, “confidential document” means those documents falling within the categories of documents described in Paragraph 2 of this Order and designated as “Confidential” in the manner provided by Paragraph 4 of this Order.

         4. Designating ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.