OAH 3-1901-20919-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF LABOR AND INDUSTRY
|
Steve Sviggum, Commissioner, Department of Labor and Industry, v. People’s Electric Co., Inc. |
PROTECTIVE ORDER |
Based on the agreement of the parties during a telephone prehearing conference on November 30, 2009:
IT IS HEREBY ORDERED THAT:
1.
The
Minnesota Department of Labor and Industry (Department) shall provide to
counsel for People’s Electric Co. Inc. (Repondent) copies of recorded
investigative interviews conducted by the Department of the Respondent’s employees
regarding the circumstances of the incident on October 25, 2007.
2.
The
disclosures made pursuant to this Order constitute confidential and protected
information. These materials are to be
accessed, handled, used or disclosed only in accordance with this Order.
3.
Disclosure
of materials referenced in paragraph 1 may be made to:
a. The presiding Administrative Law Judge and
the staff of the Office of Administrative Hearings;
b. Counsel that have, as of this writing, filed
a Notice of Appearance;
c. Counsel’s legal assistants, and their
secretaries and clerical staff members;
d. Court reporters retained by counsel or the
OAH, and their secretarial and clerical staff members;
e. Persons retained as outside expert
witnesses; and,
f. William T. Lindberg, Respondent’s President,
and William Kaufenberg, Respondent’s employee.
4.
Additionally,
to the extent that protected information covered by this Order includes the
statements of former or current employees of the Respondent, those statements
may be discussed, accessed or reviewed by persons who are granted access under
Paragraph 3 and the employee who is credited with making the statement.
5.
Any
person receiving protected information pursuant to this Order shall not use or
disclose this information, except as needed to prepare for proceedings in, or
settlement of, this docket.
6.
Any
person receiving protected information pursuant to this Order agrees, by
accepting receipt of these materials, to be subject to the jurisdiction of the
Office of Administrative Hearings in connection with the use or disclosure of
that information, including any proceeding relating to the enforcement of this
Order.
7.
Persons
covered by Paragraph 3 (e) or 3 (f) of this Order shall execute, and transmit
to the Administrative Law Judge, a copy of Attachment A to this Order before
obtaining access to protected information.
8.
If a party seeks to use protected information
that is subject to this Order, in a manner that is inconsistent with the terms
of this Order, that party shall file with the Administrative Law Judge, and
serve upon the other parties, a request for authorization of additional
uses. The request for authorization must
detail the reasons for the request.
9.
Upon
the conclusion of this litigation, counsel for Respondent will return all
protected information accessed by the Respondent and its representatives to
counsel for the Department.
10.
Until December 1, 2010, Respondent shall inform
the Department if it has terminated from employment any employee whose
statement is disclosed pursuant to this Order.
11.
This Protective Order does not waive the
Department of Labor and Industry’s ability to invoke or claim the benefit of
Minn. Stat. § 182.659, subd. 8 (2008) in the future, and those claims are
expressly reserved.
12.
Nothing in this Order is intended to limit the availability
of judicial review as provided by Minn. Stat. §§ 14.63 - 14.69.
Dated: December 1, 2009.
s/Kathleen D. Sheehy
______________________
KATHLEEN
D. SHEEHY
Administrative
Law Judge
OAH 3-1901-20919-2
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE DEPARTMENT OF LABOR AND INDUSTRY
|
Steve Sviggum, Commissioner, Department of Labor and Industry, v. People’s Electric Co., Inc. |
ATTACHMENT A
TO PROTECTIVE ORDER |
I, the undersigned,
hereby acknowledge that I have read the Protective Order dated December 1,
2009, governing access to, and use of, protected information in this matter,
and that I understand the terms of that Order, and that I agree to be bound by the
terms of that Order.
Specifically, I agree not
to disclose to any person or entity that is not authorized to receive materials
designated protected information under the terms of that Protective Order, or
any copies or extracts of information derived therefrom, which have been
disclosed to me. I further agree to use
any such materials that are disclosed to me solely for the purpose of this
proceeding and for no other purpose.
I hereby submit myself to
the jurisdiction of the Office of Administrative Hearings for the purpose of
enforcing the terms of this Agreement and the July 13, 2009 Protective Order.
Dated: ______________
Signature
Type
or Print Name
Address
Name of Employer