OAH
8-1000-19769-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF COMMERCE
|
In the Matter of the
Notary Public Commission of Sharon Marie Robertson |
PROTECTIVE
ORDER |
This matter came before Administrative Law Judge Eric L.
Lipman pursuant to a Notice and Order for Hearing from the Minnesota Department
of Commerce (“Department”).
Christopher M. Kaisershot, Assistant Attorney General,
In order to expedite the discovery process, the parties
have requested this Protective Order to govern the disclosure and handling of
data that is classified as private, confidential, nonpublic or protected
nonpublic (collectively “not public” data) under the Minnesota Government Data
Practices Act. See,
Pursuant to Minn. Stat. § 13.03, subd. 6 (2006), the
Administrative Law Judge finds that data that is classified as “not public” may
be discoverable in this action and that the benefit to Respondent outweighs any
harm to the confidentiality interests of the Department in maintaining the
data, or of any person who has provided the data or who is the subject of the
data, or to the privacy interest of an individual identified in the data. In order to assure the proper handling of non
public data by the parties,
IT IS HEREBY ORDRED:
1. Data that
is classified as “not public” under Minn. Stat. Ch. 13, or Minn. Stat. Ch.
363A, or other applicable law, contained in the Department’s investigative or complaint
files, produced during the course of discovery, shall not be further disclosed to
any persons except as follows:
(a) To the
parties in this matter or attorneys representing the parties or their employees
assisting counsel in the preparation of the case; and
(b) To
witnesses subpoenaed or otherwise called to testify at the hearing.
2. “Not
public” data may be used only for purposes of this litigation – including
discussion with investigators, employees and witnesses as necessary to prepare
for, and to conduct the evidentiary hearing.
Not public data shall not be disclosed for purposes not set forth in
this Order.
3. All
persons having access to “not public” data herein shall be informed of the
Protective Order and are bound by its terms.
Each party bears full responsibility for compliance with this Order by
persons to whom they have disclosed “not public” information.
4. The
Department shall clearly designate “not public” information to avoid
inadvertent disclosure. “Not public”
documents shall be kept in a separate file or envelope, marked with the legend
“CONFIDENTIAL - CONTAINS NOT PUBLIC DATA.”
Further, the originals and copies of deposition or hearing transcripts,
or portions thereof, containing “not public” data shall bear the legend
“CONFIDENTIAL - CONTAINS NOT PUBLIC DATA” and shall be maintained in a separate
file or envelope. In lieu of segregating
documents that contain not public data, the Department may redact the not public
data, but it must clearly mark any redacted documents with the legend “NOT
PUBLIC DATA REDACTED,” and it must identify the nature of the redacted data.
5. Should
any party seek to use the information subject to this Order in a manner
inconsistent with this Order, before disclosing the data, this party shall file
with the Administrative Law Judge, and serve upon the opposing party, a motion requesting
approval of these additional disclosures.
6. By
stipulating to this Protective Order, the parties do not waive any later
objections they may have against the disclosure of data that is not
discoverable or as to which the benefit to one party is outweighed by the harm
to the confidentiality interests of others.
7. Notwithstanding
this Protective Order, “[a]ny civil investigative data presented as evidence in
court or made part of a court record shall be made public.” See, Minn.
Stat. § 13.39, subd. 3 (2006). In cases
involving licensing data, “[t]he entire record concerning a disciplinary
proceeding is public data pursuant to section 13.02, subdivision 15, in those
instances where there is a public hearing concerning the disciplinary
action.” See, Minn. Stat. § 13.41, subd. 5 (2006). Upon appropriate motion by any party,
however, portions of the hearing in this matter may be closed or the hearing
record may be sealed or redacted to the extent needed to permit free discussion
of data that is otherwise private or confidential.
8. This Protective
Order may be modified or amended upon application to the Administrative Law
Judge for good cause shown.
9. Nothing
in the Order is intended to limit the availability of judicial review of the
final order as provided by Minn. Stat. §§ 14.63 – 14.69 (2006).
Dated: August 27, 2008
__s/Eric
L. Lipman__________________
Eric L. Lipman
Administrative
Law Judge