Cryer v. Idaho Department of Labor

Filing 19

PROTECTIVE ORDER re: Stipulation for Protective Order with Clawback Provision (Dkt #14 ). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
JAMES CRYER,
Case No. 1:16-cv-526-BLW
Plaintiff,
PROTECTIVE ORDER
v.
IDAHO DEPARTMENT OF LABOR, an
executive department of the state of
Idaho, KENNETH D. EDMUNDS,
Director, in his official and individual
capacity; JAY ENGSTROM, Chief
Operating Officer, in his official and
individual capacity; and MICHAEL
KALM, in his individual capacity,
Defendants.

This matter having come before the Court on the Stipulation for Protective Order
with Clawback Provision (Dkt. 14), and for good cause shown pursuant to Federal Rule
of Civil Procedure Rule 26(c),
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that no disclosure
shall be made of any information designated by either party as “confidential information”
or a “proprietary” in response to any discovery requests in the above-captioned action or
disclosed through the discovery process, including depositions, deposition exhibits,
interrogatories, requests for production of documents, or requests for admissions.

PROTECTIVE ORDER - 1

“Confidential information” shall mean any information related to the above
captioned lawsuit which is disclosed by either party through discovery that falls within
the following categories: financial data that is not otherwise subject to public disclosure,
personnel files, and personal data related to unemployment benefits (UIB) recipients.
“Confidential information” shall not include that which: (a) becomes part of the public
domain, by publication or otherwise, through no unauthorized act or omission on the part
of the receiving party; or (b) is in the receiving party’s possession prior to disclosure by
the producing party.
“Proprietary information” includes “confidential information” defined above, and
any Idaho Department of Labor UIB recipient programs including UIB job search
programs.
IT IS FURTHER ORDERED that since the producing party will suffer
irreparable harm in the absence of such protections, all documents produced in this
action, all copies thereof, and any summaries, charts, or notes made therefrom, and any
facts or information contained therein or derived therefrom, should be disclosed only to
the Court and/or to:
a. Parties to the action and the employees, agents and directors of such parties who
may review the information in connection with this action only to the extent
necessary for purposes of this lawsuit;

PROTECTIVE ORDER - 2

b. Counsel for the parties hereto and their agents, employees, paralegals, or other
secretarial and clerical employees or agents only to the extent necessary for
purposes of this lawsuit;
c. Experts and consultants retained by one or more of the parties to this action or
their counsel, to assist in discovery and/or in preparation of this action for trial
only to the extent necessary for purposes of this lawsuit;
d. Actual and anticipated witnesses at depositions and the trial of this action only to
the extent necessary for purposes of this lawsuit.
IT IS FURTHER ORDERED that the protections set forth herein extend to non–
parties who produce confidential information in response to a subpoena.
CLAWBACK PROVISION
Because the parties to this action or third parties may be required to produce
documents, answer interrogatories, and provide testimony and other information that may
contain information covered by the attorney-client privilege or work product protection,
and in order to permit discovery to proceed without delay and avoid possible disputes
regarding the privileged or protected natures of such information,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the following
“Clawback” Provision shall govern this litigation. The inadvertent disclosure or
production of any information or document that is subject to an objection on the basis of
attorney-client privilege or work-product protection, including but not limited to
information or documents that may be considered Confidential Information under this

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Protective Order and will not be deemed to waive a party’s claim to its privileged or
protected nature or estop that party or the privilege holder from designating the
information or document as attorney-client privileged or subject to the work product
doctrine at a later date. Any party receiving any such information or document shall
return it upon request from the producing party. Upon receiving such a request as to
specific information or documents, the receiving party shall return the information or
documents to the producing party within five (5) business days, regardless of whether the
receiving party agrees with the claim of privilege and/or work-product protection.
Disclosure of the information or document by the other party prior to such later
designation shall not be deemed a violation of the provisions of this Order.
This Order shall be governed by Federal Rule of Evidence 502(d) and is entered
pursuant to Federal Rule of Civil Procedure 26(c)(1).

DATED: May 22, 2017
_________________________
B. Lynn Winmill
Chief Judge
United States District Court

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