OAH Docket No. 15-1700-18042-2
STATE
OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF HUMAN RIGHTS
|
State
of Velma
Korbel, Commissioner, Department
of Human Rights, Complainant, v. Respondent.
|
PROTECTIVE ORDER |
This matter is pending before
Administrative Law Judge Beverly Jones Heydinger pursuant to a Notice of and
Order for Hearing dated May 21, 2007. This
Order is issued in connection with an Order to Compel Discovery pursuant to the
parties’ cross motions to compel discovery, including discovery of documents
and data which are classified as private, confidential, nonpublic or protected
nonpublic or otherwise “not public” under the Minnesota Government Data
Practices Act.
Margaret
Jacot, Assistant Attorney General,
Pursuant to Minn. Stat. § 13.03, subd.
6, and the files and proceedings herein, the Administrative Law Judge finds
that the testimony and evidence to be adduced at the hearing in this matter may
include data that is classified as “not public.” Therefore in order to protect the data,
IT IS HEREBY ORDERED:
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 or the
Respondent’s case files, produced in the course of discovery, or offered as
evidence at hearing, shall not be disclosed in the course of this proceeding
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;
(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 or conduct the hearing, and shall not be disclosed to individuals or for
purposes not set forth herein.
3.
All
persons having access to “not public” data herein shall be informed of the
Protective Order and are bound by its terms.
Each attorney bears full responsibility for compliance with this Order
by persons to whom they have disclosed “not public” information.
4.
The
parties shall clearly designate “not public” information to avoid inadvertent
disclosure. “Not public” documents shall
be kept in a separate file or envelope so marked. 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.
5.
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 not public data.
6.
Should
any party seek to use the information subject to this Order in a manner
inconsistent with this Order, that party shall bring a motion before the
Administrative Law Judge with notice to the other party, requesting permission
to use the information and detailing the reasons for the request.
7.
This
Protective Order may be modified or amended by agreement of the parties and
notice to the Administrative Law Judge, or upon application to the
Administrative Law Judge for good cause shown.
8.
Nothing
in this order is intended to limit the availability of judicial review of the
final order as provided by Minn. Stat. §§ 14.63-.69.
Dated: October 3,
2007
s/Beverly
Jones Heydinger
_________________________
BEVERLY
JONES HEYDINGER
Administrative
Law Judge