OAH 8-1300-19715-9
MDE File No. 08-03H
STATE OF
OFFICE OF
ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF EDUCATION
|
B.D.J. v. |
PROTECTIVE
ORDER |
The above-entitled matter came before Administrative
Law Judge Eric L. Lipman upon the Parent’s request for the production of
government data that are classified as nonpublic data under Minn. Stat. §§ 13.32
and 13.43 (2006). Because this data is otherwise
protected by the Minnesota Government Data Practices Act (Minn. Stat.
§ 13.01 et seq.), the Parent
seeks an Order authorizing limited disclosure and uses
of these materials for this litigation.
The Administrative
Law Judge finds that the entry of a Protective Order
is appropriate. Accordingly,
IT
IS HEREBY ORDERED THAT:
1. “Document”
as used herein shall have all of the meanings set forth in Rule 34.01 of
the Minnesota Rules of Civil Procedure.
This Order shall apply to documents and other data that are nonpublic or
confidential pursuant to the Minnesota Government Data Practices Act that will
be provided to counsel in reliance on this Order, and to all documents and data
which the Administrative Law Judge may order in the future to be provided to
counsel pursuant to Minn. Stat. § 13.03 (2006).
Hereinafter, such information shall be referred to as “confidential
information.”
2. Confidential
information provided pursuant to this Order shall be conspicuously marked as
“Confidential” by a stamp or other similar means.
3. Confidential
information shall be used only for purposes of this litigation and, except as
provided in Paragraph 4, shall not be disclosed to any person.
4. Until
further Order of the Administrative Law Judge, such documents and copies, the
information contained therein, and information obtained during the course of
discovery, wherein responses are made upon confidential information or
documents marked “Confidential,” may only be divulged as follows:
a. To the Parent and her Advocate.
b. To counsel of record, and their employees
and agents whose assistance is necessary to conduct this litigation.
c. Confidential information may also be
divulged to: witnesses, stenographic reporters engaged for depositions or other
proceedings necessary to conduct this action; neutrals conducting mediations or
other forms of alternative dispute resolution; such persons as counsel shall
mutually consent to in writing or on the record before the proposed disclosure,
where such person signs an Affidavit of Confidentiality (as in Attachment A) prior
to disclosure; to the Administrative Law Judge and to staff of the Office of
Administrative Hearings, all of whom shall be bound by this Protective Order.
d. Confidential information and documents
marked “confidential” may be used in connection with the testimony of any
person at deposition or hearing, provided that counsel for the party providing
the documents and information designated confidential may assert the protection
of this Order at any deposition, and, if such protection is asserted, the
deponent must be advised of the terms of this Order and agree on the record to
abide by such terms. If the deponent
refuses to abide by the terms of this Order and the party providing the
document and information designated confidential refuses to withdraw its
assertion of confidentiality, the party seeking to use the confidential
information shall have the right to suspend the deposition and bring a motion
before the Administrative Law Judge seeking a ruling on the issue. The parties agree that the confidential
information in question shall not be used during the deposition pending a
ruling from the Administrative Law Judge.
e. With respect to confidential information,
any person indicated on the face of a document or item to be its originator,
author, or recipient of a copy thereof may be shown the same as long as they
are informed that the document or information remains nonpublic or
confidential.
5. All
extracts and summaries of confidential information and documents designated as
confidential shall be treated as protected in accordance with the provisions of
this Order.
6. This
Order does not preclude any party from asserting discovery objections allowed
under the Contested Case Hearings procedures of Minnesota Rules, Part 1400 or
the Minnesota Rules of Civil Procedure.
This Order is entirely without prejudice to the right of any party to
apply to the Administrative Law Judge for: (a) any further Protective Order
relating to any confidential information; (b) an order compelling production of
documents; (c) a modification of this Order, or (d) an Order permitting the
disclosure of any documents or information beyond the terms of this Order.
7. Within
ninety (30) days of the conclusion of the action, or upon the settlement of all
issues in this lawsuit, all confidential documents produced under the
provisions of this Order, including all copies, extracts, and summaries
thereof, shall be destroyed or returned to the supplying party, except that counsel for the parties may retain one copy of
documents subject to this Order for professional liability and professional
responsibility purposes.
8. The terms
of this Protective Order – including restrictions upon the communication or use
of information or documents that have been designated as confidential – shall
survive and remain in effect after the termination or settlement of this
litigation.
IT
IS SO ORDERED.
Dated: July 7, 2008 _/s/
Eric L. Lipman _
ERIC
L. LIPMAN
Administrative
Law Judge
ATTACHMENT A
AFFIDAVIT
OF CONFIDENTIALITY
In the matter of: B.D.J.
v. Robbinsdale Public School District 281,
OAH
Docket No. 8-1300-19715-9
The undersigned has read and understands the attached Order
pertaining to Confidential Documents and
Information in the above-referenced action and agrees:
1. That he or she
shall fully abide by the terms thereof; and
2. That he
or she shall return or destroy to the counsel of record identified below all Confidential Documents and Information
in accordance with Paragraph 7 of the attached Order within ninety (30) days of
notice of the final conclusions of this litigation.
________________________________
Name
of Affiant
________________________________
Signature
of Affiant
Return
Records to:
________________________________
________________________________
Address
________________________________
________________________________
Subscribed
and sworn to before me
this
_____ day of ____________, 2008
_______________________________
Notary
Public