6-0900-14817-2
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE MINNESOTA COMMISSIONER OF HEALTH
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In the Matter of Las Americas (401 E. Lake St.) |
PROTECTIVE ORDER |
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WIC Vendor No. 0314 and In the Matter of Las Americas (1522 E. Lake St.) WIC Vendor Nos. 0228 and 0354 |
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A request for a Protective Order was filed by the Minnesota Department of Health on April 1, 2002. The proposed Order would limit disclosure of certain documents containing confidential information on the identity of undercover investigators and, in addition, would close the hearing in this proceeding in order to maintain the confidentiality of the identity of undercover investigators. At a Prehearing Conference held on April 8, 2002, the parties negotiated the terms of certain changes to the proposed Order.
The Department was represented by Assistant Attorney General Helen G. Rubenstein, Suite 1200, NCL Tower, 445 Minnesota Street, St. Paul, Minnesota 55101-2130. Respondent was represented by Jordan S. Kushner, Sexton Building, Suite 636, 529 South 7th Street, Minneapolis, MN 55415. Based upon all the files and proceedings herein, it is appropriate to allow limited disclosure of the identity of undercover investigators, subject to a Protective Order. This Order is issued pursuant to Minn. Stat. §§ 13.39, 13.03, subd. 6, and 13.08, subd. 4 (2000); and Minn. R. Civ. P. 26.03. Therefore, the Administrative Law Judge hereby enters the following:
ORDER
1. Disclosure of the identity of the undercover investigators is appropriate, but is limited to counsel of record, employees assisting counsel in preparation of the case, and representatives of the parties to whom the identity of the undercover investigators must be disclosed in order to adequately prepare for hearing or to try this matter;
2. Respondent and all other representatives of the Respondent are prohibited from disclosing the identity of the undercover investigators, any information from which the identity of the undercover investigators could be ascertained, and any documents containing any identifying information with respect to the undercover investigators to anyone other than those persons mentioned herein;
3. The data released pursuant to this Protective Order may only be used in conjunction with this hearing, and may not be used for any other purpose, including collateral litigation; provided, however, that the word “used” in the preceding clause does not prohibit commencement of litigation based on knowledge of the data referred to herein, but does not authorize release of the data in conjunction with such litigation.
4. Respondent must return to the Department at the close of the proceeding all copies of all documents released pursuant to this Protective Order which contain any identifying information regarding any undercover investigators;
5. The hearing in this matter will be closed, and the hearing record will be sealed to the extent needed to permit free discussion of not public data;
6. The transcript of this proceeding is also subject to the terms of this Order.
Dated: ______________________, 2002.
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ALLAN W. KLEIN
Administrative Law Judge
AG: #562477-v1