STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Plaintiff Octaviano Lopez and Defendant Reser's Fine Foods, Inc. hereby agree to the following Stipulated Confidentiality and Protective Order ("Stipulated Order") governing the production and exchange of confidential information and the preservation of privileges in connection with this litigation as a result of the expectation that the allegations and defenses in this action may put at issue confidential...
JOINT STIPULATED PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Upon Stipulation of the parties, and for good cause, the Court finds that a Protective Order should be entered to protect confidential documents and commercial information which may be made available to the Court or in the course of discovery in this case. The information which may be made available to the Court or in the course of discovery includes but is not limited to non-public business forecasts, reports, designs,...
JOINT CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. The parties have jointly moved for entry of a Confidentiality Agreement and Protective Order whereby the parties agree that they and their counsel may be given access to certain confidential information, potentially including confidential medical records, confidential personnel documents, business organization and strategy information, confidential financial information, confidential customer information,...
STIPULATED PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Plaintiff Karry L. Thomas ("Plaintiff") and Defendant Berry Plastics Corporation ("Defendant"), by their respective counsel, hereby request a Protective Order be issued in this case for the protection, discovery and maintenance of confidential information and privacy interests, for the following reasons: a. Discovery in this case is expected to involve confidential, sensitive, personal, medical, financial, proprietary and/or...
AGREED PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Defendant Installation & Service Technologies, Inc., by and through its attorney of record, John Waldeck, and Plaintiff Thyra Marie Wright, by and through her attorney of record, Thomas Ralston, hereby stipulate to the terms of this Protective Order and with the Court being fully advised in the premises, it is hereby ORDERED: 1. Good Cause for Protective Order: Plaintiff Thyra Marie Wright's Complaint alleges a Title VII claim for...
JOINTLY PROPOSED PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Upon review of the jointly proposed Protective Order, the Court hereby orders as follows: The Plaintiff alleges: (i) the Defendant has violated the Fair and Accurate Credit Transactions Act ("FACTA") by failing to properly truncate credit and debit card numbers and failing to exclude expiration dates; (ii) the Plaintiff and putative class members were damaged by the Defendant's alleged violation; and (iii) the Plaintiff...
MEMORANDUM AND ORDER JOHN W. LUNGSTRUM, District Judge. In this multi-district class action, plaintiffs allege that remaining defendant Dow Chemical Company ("Dow") conspired with other manufacturers to fix prices for certain urethane chemical products in violation of the Sherman Act, 15 U.S.C. 1. This matter presently comes before the Court on Dow's motion for summary judgment (Doc. #2402). For the reasons set forth below, the Court denies the motion for summary judgment in its entirety....
FINDINGS OF FACT AND CONCLUSIONS OF LAW JULIE A. ROBINSON, District Judge. This is an employment discrimination and due process case brought by a municipal employee. Plaintiff Trence Robinson asserts claims against the City of Arkansas City, Kansas, relating to its failure to properly classify and pay him as a labor foreman. He asserts claims for race discrimination under Title VII of the Civil Rights Act of 1964, and for due process violations under 42 U.S.C. 1983 associated with the...
MEMORANDUM AND ORDER J. THOMAS MARTEN, District Judge. Presently before the court are the following motions: plaintiffs' Post-Trial Motions to Alter or Amend the Judgment Regarding Liquidated Damages, Interest, and the Final Class Definition (Dkt. No. 1055); defendants' Motion for Remittitur to Receive Credit for "Sunshine Time" (Dkt. No. 1056); and defendants' Motion for Judgment as a Matter of Law (Dkt. No. 1058). As detailed below, the court denies the defendants' Motions and grants the...
JOINT STIPULATED PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Upon Stipulation of the parties, and for good cause, the Court finds that a Protective Order should be entered to protect confidential documents and commercial information which may be made available to the Court or in the course of discovery in this case. The information which may be made available to the Court or in the course of discovery includes but is not limited to non-public business forecasts, reports, designs,...
JOINTLY PROPOSED PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Upon review of the jointly proposed Protective Order, the Court hereby orders as follows: The Plaintiff alleges: (i) the Defendant has violated the Fair and Accurate Credit Transactions Act ("FACTA") by failing to properly truncate credit and debit card numbers and failing to exclude expiration dates; (ii) the Plaintiff and putative class members were damaged by the Defendant's alleged violation; and (iii) the Plaintiff...
JOINT CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. The parties have jointly moved for entry of a Confidentiality Agreement and Protective Order whereby the parties agree that they and their counsel may be given access to certain confidential information, potentially including confidential medical records, confidential personnel documents, business organization and strategy information, confidential financial information, confidential customer information,...
MEMORANDUM AND ORDER KATHRYN H. VRATIL, District Judge. Hartford Fire Insurance seeks a declaratory judgment that it had no duty to defend or to indemnify its insured, Vita Craft Corporation, for claims which Thermal Solutions, Inc. asserted against Vita Craft in underlying litigation. Vita Craft brings counterclaims for declaratory judgment, breach of contract and breach of the duty of good faith and fair dealing. This matter is before the Court on Vita Craft Corporation's Motion For...
STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Plaintiff Octaviano Lopez and Defendant Reser's Fine Foods, Inc. hereby agree to the following Stipulated Confidentiality and Protective Order ("Stipulated Order") governing the production and exchange of confidential information and the preservation of privileges in connection with this litigation as a result of the expectation that the allegations and defenses in this action may put at issue confidential...
AGREED PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Defendant Installation & Service Technologies, Inc., by and through its attorney of record, John Waldeck, and Plaintiff Thyra Marie Wright, by and through her attorney of record, Thomas Ralston, hereby stipulate to the terms of this Protective Order and with the Court being fully advised in the premises, it is hereby ORDERED: 1. Good Cause for Protective Order: Plaintiff Thyra Marie Wright's Complaint alleges a Title VII claim for...
STIPULATED PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Plaintiff Karry L. Thomas ("Plaintiff") and Defendant Berry Plastics Corporation ("Defendant"), by their respective counsel, hereby request a Protective Order be issued in this case for the protection, discovery and maintenance of confidential information and privacy interests, for the following reasons: a. Discovery in this case is expected to involve confidential, sensitive, personal, medical, financial, proprietary and/or...
MEMORANDUM AND ORDER SAM A. CROW, Senior District Judge. This is an action reviewing the final decision of the Commissioner of Social Security denying the plaintiff disability insurance benefits. The matter has been fully briefed by the parties. I. General legal standards The court's standard of review is set forth in 42 U.S.C. 405(g), which provides that "the findings of the Commissioner as to any fact, if supported by substantial evidence, shall be conclusive." The court should review...
MEMORANDUM AND ORDER JULIE A. ROBINSON, District Judge. In the aftermath of her daughter's tragic death, Plaintiff Beverly Stewart filed this lawsuit both individually and as Special Administrator of the Estate of Susan Leslie Stuckey against Defendants City of Prairie Village, Police Chief Wesley Jordan in his individual and official capacity, and against Officers Wes E. Lovett, Tim Schwartzkopf, Byron Roberson, Seth Meyer, John Olson, Dan Stewart, Benjamin Micheel, and Adam Taylor in their...
STIPULATED PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. Pursuant to F. R. Civ. P. Rule 26, and agreement of the parties, the Court enters the following Protective Order: 1. The purpose of this Order is to prevent the disclosure of matters deemed confidential under the terms of this Order to persons or entities other than those involved in the prosecution or defense of this litigation and to facilitate the exchange of information between the parties. The Order is necessary to protect...
STIPULATED PROTECTIVE ORDER JAMES P. O'HARA, Magistrate Judge. The parties, having stipulated to the entry of a protective order for certain documents, and the Court, having made an independent determination that good cause exists for a protective order for certain documents, HEREBY GRANTS THE PARTIES' JOINT MOTION FOR ENTRY OF PROTECTIVE ORDER (doc.10) and ORDERS: 1. Facts Establishing Good Cause. Plaintiff Martin G. Alvarez ("Alvarez" or "Plaintiff") is a former employee of Defendant...
