OAH Docket No. 3-1700-19494-2
STATE
OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF HUMAN RIGHTS
|
State
of Velma J.
Korbel, Commissioner, Department
of Human Rights, Complainant, vs. Abercrombie
& Fitch, Respondent.
|
PROTECTIVE ORDER |
This matter is pending before
Administrative Law Judge Kathleen D. Sheehy pursuant to a Notice of and Order
for Hearing from the Department of Human Rights. This Order is issued in connection with the
ongoing discovery between the parties and the resolution of various motions
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 (Minn. Stat. Chap. 13).
Margaret
Jacot, Assistant Attorney General, appeared for the Department. Ian S. Laurie, Laurie & Laurie, P.A.,
appeared for the Intervenors. Stacia Marie
Jones, Vorys, Sater,
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 case files, or
data that is produced by any party that is personal or confidential, and which is 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 OR NOT PUBLIC DATA” and shall be maintained in a
separate file or envelope. In lieu of
segregating confidential or not-public data, the party producing it may redact
the confidential or not public portions, but it must clearly mark any redacted
documents with the legend “CONFIDENTIAL OR NOT PUBLIC DATA REDACTED,” and it
must identify the nature of the redacted data.
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: May 21, 2008 s/Kathleen
D. Sheehy
__________________________
KATHLEEN
D. SHEEHY
Administrative
Law Judge