Krych v. DHS MSOP-ML, April 6, 2011, Client Placement Committee members and participants et al

Filing 136

AMENDED PROTECTIVE ORDER re 129 Joint Stipulation to Amend Protective Order. Signed by Magistrate Judge Dulce J. Foster on 5/30/2024. (JC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Chris Krych,

Case No. 11-cv-3091 (JRT/DJF)
Plaintiff,
AMENDED PROTECTIVE ORDER

v.

DHS MSOP-ML April 6, 2011,
Client Placement Committee
Members and Participants et al.,
Defendant.

This matter is before the Court on the parties’ Joint Stipulation to Amend Protective Order
(“Stipulation”) (ECF No. 129). Having reviewed the Stipulation, it is APPROVED, and the
following shall govern discovery in this matter:

1.

This Order is binding on all parties and their counsel, including Defendants,

Plaintiff, and any counsel that Plaintiff may obtain, individuals assisting the parties in
preparation of the case, witnesses subpoenaed or otherwise called to testify at the hearing, and
representatives of the parties to whom the not public data or protected health information must
be disclosed in order to adequately prepare for the resolution of this matter.

2.

“Data subject to this Protective Order” means any documents filed by Defendants

that contain data on Plaintiff or other individuals that is classified as “not public” by Minnesota
Statutes chapter 13 (“Data Practices Act”), specifically Minnesota Statutes sections 13.384,
144.291-144.298, or other applicable law; or “protected health information” under the Health
Insurance Portability and Accountability Act of 1996 (“HIPAA”), Public Law 104-191, and
specifically 45 C.F.R. part 160 and subparts A and E of part 164, and includes all documents
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and records that become a part of the record.

3.

Any person bound by this Protective Order is prohibited from disclosing any of

the data subject to this Protective Order to anyone other than those persons mentioned herein.

4.

The data will be subject to the following restrictions:

a.

The data will be used solely in connection with the above-entitled
proceeding and will not be disclosed outside this proceeding. The
Minnesota Department of Human Services, the Minnesota Sex Offender
Program, and their employees shall otherwise be allowed to use, disclose,
or refer to the data in its normal cause of business and as permitted by
law. Plaintiff shall be permitted to use, disclose, or refer to his own
private or not public data as permitted by law. Plaintiff shall not be
permitted to use, disclose, or refer to any private or not public data on
other individuals except as specifically provided for in this Protective
Order.

b.

The data shall not be disclosed by the parties or counsel during the course
of preparation of this matter except to the following:
i.

The parties, the parties' counsel, and such employees of the parties'
counsel who assist in the above-captioned proceeding, all of whom
are bound by the terms of this Protective Order.

ii.

Independent experts or consultants working with the parties'
counsel who, prior to disclosure, sign an agreement agreeing to be
bound by the terms of this Protective Order.

iii.

Other persons including witnesses and deponents as necessary to
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adequately conduct this litigation, provided that such persons, prior
to disclosure, agree on the record or in writing to be bound or sign
an agreement agreeing to be bound by the terms of this Protective
Order and specifically agreeing that they will not disclose any
private or confidential data outside this proceeding.

c.

Within 60 days after the termination of this action (including any
appeals), each party must:
i.

Return or destroy all data subject to the Protective Order produced
by the opposing party.

ii.

Notify the disclosing or producing party or nonparty that it has
returned or destroyed all confidential documents produced by the
opposing party within the 60-day period.

5.

The documents subject to the Protective Order shall be marked “Data Subject to

Protective Order”.

6.

Portions of any hearing on this matter may be closed as necessary to protect the

protected data and to permit free discussion of the protected data. Unless otherwise ordered,
any depositions taken in this matter that involves the protected data shall be closed, and
deposition transcripts shall be sealed.

7.

Documents filed with this Court that contain data subject to this Protective Order

shall be filed under seal and stored pursuant to D. Minn. LR 79.1(c).
SO ORDERED.
Dated: May 30, 2024

s/ Dulce J. Foster
Dulce J. Foster
United States Magistrate Judge
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