15-1004-14763-2

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE DEPARTMENT OF COMMERCE

 

In the Matter of JMIC Insurance Company

PROTECTIVE ORDER

         

A telephone conference was held on April 8, 2003.  Michael J. Tostengard, Assistant Attorney General, 445 Minnesota St., Suite 1400, St. Paul, MN 55101-2131, appeared on behalf of the Department of Commerce.  Mary R. Vasaly, Maslon, Edelman, Borman & Brand, 90 South Seventh St., Suite 3300, Minneapolis, MN 55402-4140 appeared on behalf of JMIC Life Insurance Company.  Eric Swanson, Winthrop & Weinstine, 3200 Minnesota World Trade Center, 30 East Seventh Street, St. Paul, MN 55101, appeared on behalf of Universal Underwriters Group.

          The parties have engaged in discovery in good faith but there has been a dispute over access to trade secret information of Universal Underwriters Group that is in the possession of the Department of Commerce.  There are three documents that contain a breakdown of fixed and variable expenses.  This the type of information that could be of great value to the competitors of Universal Underwriters Group.  Counsel for JMIC received the documents from counsel for the Department of Commerce, with the understanding that access would be restricted to counsel.  JMIC wants to share the data with its expert to determine if the Department of Commerce has been even-handed in the evaluation of such expenses.

          Pursuant to Minn. Stat. §§ 13.03, subd. 6; 13.37, subd. 1 (a); and Minn. R. 1400.6700, subd. 4,

IT IS HEREBY ORDERED:

1.                Data that is classified as “trade secret” shall not be disclosed in the course of this proceeding except as follows:

                (a)  To counsel for JMIC or counsel’s employees working on this matter; and

                (b)  To JMIC’s expert witness.

2.                Use of the data is limited to preparation for hearing in this matter, including discussion with the expert witness, and shall not be disclosed to individuals or for purposes not set forth herein.

3.                The expert witness shall sign a statement indicating that the expert has read this Order and agrees to its terms as a condition of reviewing the “trade secret” data. 

4.                Counsel for JMIC shall provide the name and address of the expert witness to counsel for Universal Underwriters Group.

5.                All persons having access to the “trade secret” data shall be informed of the Protective Order and are bound by its terms.  Counsel for JMIC bears full responsibility for compliance with this Order by persons to whom the “trade secret” data is disclosed.

6.                Counsel for JMIC shall clearly designate the “trade secret” data to avoid inadvertent disclosure.  “Trade secret” data shall be kept in a separate envelope or file and shall bear the legend “Confidential – Contains Not Public Data.”

7.                Upon appropriate request of the parties, portions of the hearing in this matter will be closed and the hearing record will be sealed to the extent needed to permit free discussion of private data.

8.                Should any party seek to use the information subject to this Order in a manner inconsistent with the Order, that party shall bring a motion before the Administrative Law Judge with notice to the other party and to Universal Underwriters Group, requesting permission to use the information and detailing the reasons for the request.

9.                This Protective Order may be modified or amended by agreement of the parties and Universal Underwriters Group and notice to the Administrative Law Judge, or upon application to the Administrative Law Judge for good cause shown.

10.             Nothing in this Order is intended to limit availability of judicial review of the Commissioner’s final order as provided by Minn. Stat. §§ 14.63 - .69.

 

Dated this

8th

day of

April

2003.

                                                                

 

 

S/ Beverly Jones Heydinger

BEVERLY JONES HEYDINGER

Administrative Law Judge