OAH Docket No. 8-1700-18063-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF HUMAN RIGHTS
|
State
of |
PROTECTIVE ORDER |
The above-entitled matter came on for
consideration before Administrative Law Judge Eric L. Lipman upon the motion of
Respondent to compel discovery of the Minnesota Department of Human Rights’
investigative file in this matter.
Complainant filed a memorandum in opposition to Respondent’s
motion.
The Administrative Law Judge reviewed the
Department’s investigative file in camera
and issued an order releasing portions of the investigative file to Respondent
subject to the following Protective Order.
So as to balance “the benefit to the party seeking access to the data”
against the potential for “harm to the confidentiality interests of the entity
maintaining the data,” the undersigned has withheld from disclosure certain
internal agency memoranda and communications.
Compare,
IT IS HEREBY
ORDERED THAT:
1.
“Document” as
used herein shall have all of the meanings set forth in Rule 34 of the
Minnesota Rules of Civil Procedure. This
Order shall apply to documents and other data which are non-public or
confidential pursuant to the Minnesota Data Practices Act (Minn. Stat. § 13.01 et seq.) which will be provided to Respondent’s
counsel in reliance on this Order, and to all documents and other data which
the undersigned may order in the future to be provided to Respondent’s counsel
pursuant to Minn. Stat. § 13.03 (2006). Hereinafter, such information shall be
referred to as “confidential information.”
2.
Prior to use or
disclosure as provided in this Order, confidential information provided
pursuant to this Order shall be marked as “Confidential” by a stamp or other
means.
3.
Confidential
information shall be used only for purposes of this litigation and shall not be
disclosed to any person or in any manner other than the persons and manner set
forth in this Order. With respect to
confidential information, any person indicated on the face of a document and/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
non-public or confidential.
4.
Counsel of record
may make or cause to be made copies of documents marked “confidential” that are
produced to them during this action for use within their respective offices,
including use by staff. Until further Order of the Court, such documents and
copies, the information contained therein, and information obtained during the
course of deposition discovery or written discovery wherein responses are made
upon confidential information or documents marked “confidential,” may only be
divulged as follows:
a.
By counsel of
record for the parties, to their employees whose assistance is necessary to
conduct this litigation, and to independent and/or consulting experts who were
requested by counsel of record to furnish services in connection with the
litigation of this action, provided said persons are first provided a copy of
this Protective Order and certify in writing that they have read the Protective
Order, understand it, and agree to be bound by it. The certificate shall be made in the form of
the Affidavit of Confidentiality provided in Exhibit A, attached
hereto. Confidential information may
also be divulged to: witnesses (as provided in paragraph 4.b.); stenographic
reporters engaged for depositions or other proceedings necessary to conduct
this action; a neutral engaged to conduct mediation or another form of
alternative dispute resolution; such persons as counsel shall mutually consent
to in writing or on the record prior to the proposed disclosure, where such
person signs the Affidavit of Confidentiality prior to disclosure; and to the Administrative
Law Judge and the Office of Administrative Hearings, all of whom shall be bound
by this Protective Order.
b.
Confidential
information and documents marked “confidential” may be used in connection with
the testimony of any person at deposition or trial, provided, however, 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.
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
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 any further Protective Order relating to any confidential
information or confidential documents, to apply to the Administrative Law Judge
for an order compelling production of documents, for modification of this
Order, or for an order permitting the disclosure of any documents or
information beyond the terms of this Order.
7.
Within ninety
(90) 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 file copy of documents subject to this Order. The provisions of this Order insofar as they
restrict the communication or use of confidential information or documents
designated confidential, shall continue to be binding after the conclusion of
this action.
8.
The terms of this
Protective Order shall survive and remain in effect after the termination or
settlement of this litigation.
Dated: January 23, 2008
|
s/Eric L. Lipman __ |
ERIC
L. LIPMAN
Administrative
Law Judge
EXHIBIT A
AFFIDAVIT OF CONFIDENTIALITY
In the case of: State of
Case No. 8-1700-18063-2
The undersigned has read and
understands the attached Order pertaining to Confidential Documents and Information in the above-referenced
action and agrees:
1.
That the Affiant
shall fully abide by the terms thereof; and
2.
That the Affiant
shall destroy or return to the counsel of record identified below all Confidential Documents and Information
in accordance with Paragraph 7 of the attached Order within ninety (90) days of
notice of the final conclusion of this litigation.
Counsel
of Record
Address
Name
of Affiant
Signature
of Affiant
Subscribed and sworn to before me
this _____ day of ____________, 2008
____________________________________
Notary Public