Kalb v. Morales et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
SHANON KALB,
Plaintiff,
v.
OFFICER JONATHAN MORALES, et al.,
Defendants.
Case No. 25-1216-DDC-ADM
PROTECTIVE ORDER
The parties agree that it may be necessary during discovery to disclose certain confidential
information relating to the subject matter of this action. They agree that certain categories of such
information should be treated as confidential, protected from disclosure outside this litigation, and
used only for purposes of prosecuting or defending this action and any appeals. The parties jointly
request entry of a protective order to limit the disclosure, dissemination, and use of certain
identified categories of confidential information.
In support of the parties’ request, they assert that protection of the identified categories of
confidential information is necessary. In this case, plaintiff alleges violations of her constitutional
rights and documents production will likely include her personal medical information as well as
documents and videos showing her naked and in a vulnerable state.
For good cause shown under Fed. R. Civ. P. 26(c), the court grants the parties’ joint request
and enters the following Protective Order:
1. 	Scope. 	All documents and materials produced in discovery, including initial
disclosures, discovery responses, deposition testimony and exhibits, and information derived
therefrom 	(hereinafter, 	collectively, 	“documents”), 	are 	subject 	to 	this 	Order 	concerning
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Confidential Information as set forth below. As there is a presumption in favor of open and public
judicial proceedings in the federal courts, this Order will be strictly construed in favor of public
disclosure and open proceedings wherever possible.
2. 	Definition of Confidential Information. 	As used in this Order, “Confidential
Information” is defined as information that the producing party designates in good faith has been
previously maintained in a confidential manner and should be protected from disclosure and use
outside the litigation because its disclosure and use are restricted by statute or could potentially
cause harm to the interests of the disclosing party or nonparties. For purposes of this Order, the
parties will limit their designation of “Confidential Information” to the following categories of
information or documents:
A. Plaintiff’s medical records, including billing records.
B. Photos 	and 	videos, 	including 	police 	body 	camera 	video, 	depicting
Plaintiff’s naked or exposed body.
Information or documents that are available to the public may not be designated as Confidential
Information.
3. 	Form and Timing of Designation. The producing party may designate documents
as containing Confidential Information and therefore subject to protection under this Order by
marking or placing the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER”
(hereinafter, “the marking”) on the document and on all copies in a manner that will not interfere
with the document’s legibility. 	As used in this Order, “copies” includes electronic images,
duplicates, extracts, summaries, or descriptions that contain the Confidential Information. 	The
marking will be applied prior to or at the time the documents are produced or disclosed. Applying
the marking to a document does not mean that the document has any status or protection by statute
or otherwise except to the extent and for the purposes of this Order. Copies that are made of any
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designated documents must also bear the marking, except that indices, electronic databases, or lists
of documents that do not contain substantial portions or images of the text of marked documents
and do not otherwise disclose the substance of the Confidential Information are not required to be
marked. 	By marking a designated document as confidential, the designating attorney or party
appearing pro se certifies that the document contains Confidential Information.
4. 	Inadvertent Failure to Designate. Inadvertent failure to designate any document
or material as containing Confidential Information will not constitute a waiver of an otherwise
valid claim of confidentiality pursuant to this Order, so long as a claim of confidentiality is asserted
within 14 days after discovering the inadvertent failure.
5. 	Depositions. Deposition testimony will be deemed confidential only if designated
as such when the deposition is taken or within a reasonable time after receipt of the deposition
transcript. Such designation must be specific as to the portions of the transcript and/or any exhibits
to be protected.
6. 	Protection of Confidential Material.
(a) 	General Protections. Designated Confidential Information must be used
or disclosed solely for purposes of prosecuting or defending this lawsuit, including any appeals.
(b) 	Who May View Designated Confidential Information. Except with the
designating party’s prior written consent or prior court order, Confidential Information may only
be disclosed to the following persons:
(1) 	The parties, including their employees, agents, and representatives;
(2) 	Counsel for the parties and their employees and agents;
(3) 	The court and court personnel, including any special master
appointed by the court, and members of the jury;
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(4) 	Court reporters, recorders, and videographers engaged for deposi-
tions;
(5) 	Any mediator appointed by the court or jointly selected by the
parties;
(6) 	Any expert witness, outside consultant, or investigator retained
specifically in connection with this litigation, but only after such
persons have completed the certification contained in Attachment
A, Acknowledgment and Agreement to be Bound;
(7) 	Any potential, anticipated, or actual fact witness and his or her coun-
sel, 	but 	only 	to 	the 	extent 	such 	confidential 	documents 	or
information 	will 	assist 	the 	witness 	in 	recalling, 	relating, 	or
explaining facts or in testifying, and only after such persons have
completed the certification contained in Attachment A;
(8) 	The author or recipient of the document (not including a person who
received the document in the course of the litigation);
(9) 	Independent providers of document reproduction, electronic discov-
ery, or other litigation services retained or employed specifically in
connection with this litigation; and
(10) 	Other persons only upon consent of the producing party and on such
conditions as the parties may agree.
(c) 	Control of Documents. The parties must take reasonable efforts to prevent
unauthorized or inadvertent disclosure of documents designated as containing Confidential
Information. Counsel for the parties must maintain a record of those persons, including employees
of counsel, who have reviewed or been given access to the documents, along with the originals of
the forms signed by those persons acknowledging their obligations under this Order.
7. 	Filing Confidential Information. 	A party that seeks to file any document
containing Confidential Information must take appropriate action to ensure that the document
receives proper protection from public disclosure—namely, complying with this court’s under-
seal filing procedure set forth in D. Kan. Rule 5.4.2 and Standing Order 25-04. Nothing in this
Order will be construed as a prior directive to allow any document to be filed under seal. Merely
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designating information as confidential pursuant to this Order is insufficient to satisfy the court’s
requirements for filing under seal in light of the public’s qualified right of access to court dockets.
The parties understand that the requested documents may be filed under seal only with the court’s
permission after proper motion. If the motion is granted and the requesting party is permitted to
file the requested documents under seal, only counsel of record and unrepresented parties will have
access to the sealed documents. Pro hac vice attorneys must obtain sealed documents from local
counsel.
8. 	Challenging 	a 	Confidential 	Designation. 	Any 	party 	may 	challenge 	the
designation of any material or document as Confidential Information. Before filing any motion or
objection to a confidential designation, though, the objecting party must meet and confer in good
faith to resolve the objection informally without judicial intervention. 	A party that elects to
challenge a confidentiality designation may file a motion that identifies the challenged material
and sets forth in detail the basis for the challenge, but must first arrange for a telephone conference
with the undersigned magistrate judge as required by D. Kan. Rule 37.1(a) before filing such a
motion. 	The burden of proving the necessity of a confidentiality designation remains with the
party asserting confidentiality. Until the court rules on the challenge, all parties must continue to
treat the materials as Confidential Information.
9. 	Using Confidential Documents or Information at Trial or Hearing. Nothing in
this Order will be construed to affect the use of any document, material, or information at any trial
or hearing. 	A party that intends to present or anticipates that another party may present Confi-
dential Information at a hearing or trial must bring that issue to the attention of the court and the
other parties without disclosing the Confidential Information. The court may thereafter make such
orders as are necessary to govern the use of such documents or information at the hearing or trial.
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10. 	Obligations on Conclusion of Litigation.
(a) 	Order Remains in Effect. 	Unless otherwise agreed or ordered, all
provisions of this Order will remain in effect and continue to be binding after conclusion of the
litigation.
(b) 	Returning Confidential Documents. Within 30 days after this litigation
concludes by settlement, final judgment, or final order, including all appeals, all documents
designated as containing Confidential Information, including copies as defined above, must be
returned to the party who previously produced the document unless: (1) the document has been
offered into evidence or filed without restriction as to disclosure; (2) the parties agree to destruction
of the document to the extent practicable in lieu of return;1 or (3) as to documents bearing the
notations, summations, or other mental impressions of the receiving party, that party elects to
destroy the documents and certifies to the producing party that it has done so.
(c) 	Retaining Work Product. Notwithstanding the above requirements to
return or destroy documents, counsel may retain attorney work product, including an index that
refers or relates to designated Confidential Information, so long as that work product does not
duplicate verbatim substantial portions of the text or images of designated documents. This work
product will continue to be confidential under this Order. 	An attorney may use his or her own
work product in subsequent litigation provided that its use does not disclose Confidential
Information.
1 	The parties may choose to agree that the receiving party must destroy documents
containing Confidential Information and certify the fact of destruction, and that the receiving party
is not required to locate, isolate, and return e-mails (including attachments to e-mails) that may
include Confidential Information, Confidential Information contained in deposition transcripts, or
Confidential Information contained in draft or final expert reports.
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11. 	Modification. This Order may be modified by the court on its own motion or on
motion of any party or any other person with standing concerning the subject matter. The Order
must not, however, be modified until the parties have been given notice and an opportunity to be
heard on the proposed modification.
12. 	Enforcement. 	Even after the final disposition of this case, a party or any other
person with standing concerning the subject matter may file a motion to seek leave to reopen the
case for the limited purpose of enforcing or modifying the provisions of this Order.
13. 	No Prior Judicial Determination. 	This Order is entered based on the parties’
representations and agreements for the purpose of facilitating discovery. 	Nothing in this Order
will be construed or presented as a judicial determination that any document or material designated
as Confidential Information by counsel or the parties is entitled to protection under Fed. R. Civ. P.
26(c) or otherwise until such time as the court may rule on a specific document or issue.
14. 	Persons Bound. This Order will take effect when entered and is binding upon all
counsel of record and their law firms, the parties, and persons made subject to this Order by its
terms.
15. 	Applicability to Parties Later Joined. 	If additional persons or entities become
parties to this lawsuit, they must not be given access to any Confidential Information until they
execute and file their written agreement to be bound by the provisions of this Order.
16. 	Protections Extended to Third-Party’s Confidential Information. The parties
agree to extend the provisions of this Protective Order to Confidential Information produced in
this case by third parties, if timely requested by the third party.
17. 	Confidential 	Information 	Subpoenaed 	or 	Ordered 	Produced 	in 	Other
Litigation. A receiving party that is served with a subpoena or an order issued in other litigation
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that would compel disclosure of Confidential Information must so notify the designating party, in
writing, immediately and in no event more than three business days after receiving the subpoena
or order. 	Such notification must include a copy of the subpoena or court order. 	The receiving
party also must immediately inform in writing the party who caused the subpoena or order to issue
in the other litigation that some or all of the material covered by the subpoena or order is the subject
of this Order and deliver a copy of this Order promptly to the party in the other action that caused
the subpoena to issue.
The purpose of imposing these duties is to alert the interested persons to the existence of
this Order and to afford the designating party in this case an opportunity to try to protect its
Confidential Information in the court from which the subpoena or order issued. The designating
party bears the burden and the expense of seeking protection in that court of its Confidential
Information, and nothing in these provisions should be construed as authorizing or encouraging a
receiving party in this action to disobey a lawful directive from another court. The obligations in
this paragraph remain in effect while the party has Confidential Information in its possession,
custody, or control.
18. 	Disclosure of Confidential Information Covered by Attorney-Client Privilege
or Work Product. 	Whether inadvertent or otherwise, the disclosure or production of any
information or document that is subject to an objection based on 	attorney-client privilege or
work-product protection, including but not limited to information or documents that may be
considered Confidential Information, will not be deemed to waive a party’s claim to its privileged
or protected nature or estop that party or the privilege holder from designating the information or
document as attorney-client privileged or subject to the work-product doctrine at a later date. Any
party receiving any such information or document must return it upon request to the producing
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party. Upon receiving such a request as to specific information or documents, the receiving party
must return the information or documents to the producing party within 7 days, regardless of
whether the receiving party agrees with the claim of privilege and/or work-product protection.
Disclosure of the information or document by the other party prior to such later designation will
not be deemed a violation of this Order. Although the provisions of this section constitute an order
pursuant to Federal Rules of Evidence 502(d) and (e), and will be construed in a manner consistent
with the maximum protection provided by said rule, nothing in this Order limits a party’s right to
review documents, including ESI, for relevance, responsiveness, or segregation of privileged or
protected information before production.
IT IS SO ORDERED.
Dated November 19, 2025, at Kansas City, Kansas.
s/ Angel D. Mitchell
Angel D. Mitchell
U.S. Magistrate Judge
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
SHANON KALB,
Plaintiff,
v.
OFFICER JONATHAN MORALES, et al.,
Defendants.
Case No. 25-1216-DDC-ADM
ATTACHMENT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
The undersigned hereby acknowledges having read the Protective Order attached hereto
and dated November 19, 2025, in the above-captioned case, understands the terms thereof, and
agrees to be bound by its terms. The undersigned submits to the jurisdiction of the United States
District Court for the District of Kansas in matters relating to this Protective Order and understands
that its terms obligate the undersigned to use materials designated as Confidential Information in
accordance with the order solely for the purposes of the above-captioned action, and not to disclose
any such Confidential Information to any other person, firm, or concern, except in accordance with
the provisions of the Protective Order.
The undersigned acknowledges that violation of the Protective Order may result in
penalties for contempt of court.
Name: 	______________________________________
Job Title: 	______________________________________
Employer: 	______________________________________
Business Address: 	______________________________________
______________________________________
Date: _____________ 	______________________________________
Signature
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