Olinger v. Renville County et al

Filing 23

ORDER on 22 Stipulation & PROTECTIVE ORDER. (Written Opinion). Signed by Magistrate Judge Tony N. Leung on 11/21/2018. (JRE)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Douglas C. Olinger,

Case No. 18-cv-472 (ECT/TNL)

Plaintiff,
v.
Renville County, Renville County
Hospital & Clinics, d/b/a RC Hospital &
Clinics, and Nathan Blad, individually and
in his capacity as Chief Executive Officer
of Renville County Hospital & Clinics,
d/b/a RC Hospital & Clinics,

PROTECTIVE ORDER

Defendants.
This matter is before the Court on the parties’ Stipulation for Protective Order. (ECF
No. 22). Based on the stipulation of the parties, and all the files, records, and proceedings
herein, IT IS HEREBY ORDERED that pursuant to Fed. R. Civ. P. 26(c), confidential
information shall be disclosed in the designated ways:
1.

Definitions. As used in this protective order:
(a)

“attorney” means an attorney who has appeared in this action;

(b)

“confidential document” means a document designated as confidential under
this protective order;

(c)

to “destroy” electronically stored information means to delete from all
databases, applications, and file systems so that the information is not

accessible without the use of specialized tools or techniques typically used
by a forensic expert;
(d)

“document” means information disclosed or produced in discovery,
including at a deposition;

(e)

“notice” or “notify” means written notice;

(f)

“party” means a party to this action; and

(g)

“protected document” means a document protected by a privilege or the
work-product doctrine.

2.

Designating a Document or Deposition as Confidential.
(a)

A party or non-party disclosing or producing a document may designate it as
confidential if the party or non-party contends that it contains confidential or
proprietary information.

(b)

A party or non-party may designate a document as confidential by
conspicuously marking each page with the word “confidential.”

(c)

Deposition testimony may be designated as confidential:
(1)

on the record at the deposition; or

(2)

after the deposition, by promptly notifying the parties and those who
were present at the deposition.

(d)

If a witness is expected to testify as to confidential or proprietary
information, a party or non-party may request that the witness’s deposition
be taken in the presence of only those persons entitled to receive confidential
documents.
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(e)

Data that may be classified as private or nonpublic pursuant to the Minnesota
Government Data Practices Act, including but not limited to private
personnel data under Minn. Stat. § 13.43, shall be designated as confidential.

3.

Who May Receive a Confidential Document.
(a)

A confidential document may be used only in this action.

(b)

No person receiving a confidential document may reveal it, except to:
(1)

the Court and its staff;

(2)

an attorney or an attorney’s partner, associate, or staff;

(3)

a person shown on the face of the confidential document to have
authored or received it;

(4)

a court reporter or videographer retained in connection with
this action;

(5)

a party (subject to paragraph 3(c)); and

(6)

any person who:
(A)

is retained to assist a party or attorney with this action; and

(B)

signs a declaration that contains the person’s name, address,
employer, and title, and that is in substantially this form:
I have read, and agree to be bound by, the protective order in
the case captioned [case caption and number] in the United
States District Court for the District of Minnesota. As soon as
my work in connection with that action has ended, but not later
than 30 days after the termination of that action (including any
appeals), I will return or destroy any confidential document
that I received, any copy of or excerpt from a confidential
document, and any notes or other document that contains

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information from a confidential document. I declare under
penalty of perjury that the foregoing is true and correct.
(c)

A party may supplement the “confidential” mark (see paragraph 2(b)) with
the words “attorney’s eyes only,” in which case a confidential document so
designated may not be revealed to another party.

(d)

If a confidential document is revealed to someone not entitled to receive it,
the parties must make reasonable efforts to retrieve it.

4.

Serving This Protective Order on a Non-Party.
A party serving a subpoena on a non-party must simultaneously serve a copy of this
protective order and of Local Rule 5.6.

5.

Correcting an Error in Designation.
Any party who inadvertently fails to designate documents as confidential shall have
10 days from the discovery of its oversight to correct its failure. Such failure shall
be corrected by providing written notice of the error and substituted copies of the
inadvertently produced documents. Any party receiving such inadvertently
unmarked documents shall make reasonable efforts to retrieve documents
distributed

to

persons

not

entitled

to

receive

documents

with

the

corrected designation.
6.

Use of a Confidential Document in Court.
(a)

Filing. This protective order does not authorize the filing of any document
under seal. The sealing of entire pleadings, memoranda of law, exhibits,
and the like is strongly discouraged. No document shall be filed under

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seal unless such document or information therein is genuinely
confidential and/or there are compelling reasons to do so. Any party
seeking to file a document under seal shall specifically review each
document and the information therein to limit sealing only to the extent
necessary. If a party files a document containing confidential information
with the Court, it shall do so in compliance with the Electronic Case Filing
Procedures for the District of Minnesota and Local Rule 5.6. Any joint
motion made pursuant to Local Rule 5.6 before United States Magistrate
Judge Tony N. Leung shall conform to Exhibit A attached hereto.
Counsel shall provide the Court with two courtesy copies of the
unredacted documents with the redacted information highlighted in
yellow.
(b)

Presentation at a hearing or trial. A party intending to present another party’s
or a non-party’s confidential document at a hearing or trial must promptly
notify the other party or the non-party so that the other party or the non-party
may seek relief from the court.

7.

Changing a Confidential Document’s Designation.
(a)

Document disclosed or produced by a party. A confidential document
disclosed or produced by a party remains confidential unless the parties agree
to change its designation or the court orders otherwise.

(b)

Document produced by a non-party. A confidential document produced by
a non-party remains confidential unless the non-party agrees to change its
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designation or the court orders otherwise after providing an opportunity for
the non-party to be heard.
(c)

Changing a designation by court order. A party who cannot obtain agreement
to change a designation may move the court for an order changing the
designation. If the motion affects a document produced by a non-party then,
with respect to the motion, that non-party is entitled to the same notice and
opportunity to be heard as a party. The party or non-party who designated a
document as confidential must show that the designation satisfies Fed. R.
Civ. P. 26(c).

8.

Handling a Confidential Document after Termination of Litigation.
(a)

Within 60 days after the termination of this action (including any appeals),
each party must:
(1)

return or destroy all confidential documents; and

(2)

notify the disclosing or producing party that it has returned or
destroyed all confidential documents within the 60-day period.

(b)

Notwithstanding paragraph 8(a), each attorney may retain a copy of any
confidential document submitted to the Court. 1

9.

Inadvertent Disclosure or Production to a Party of a Protected Document.
(a)

Notice.

1

The Parties may draft their stipulation so that it allows retention of other documents as
well—for example, correspondence that quotes or describes a confidential document.
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(1)

A party or non-party who discovers that it has inadvertently disclosed
or produced a protected document must promptly notify the receiving
party and describe the basis of the claim of privilege or protection. If
the party or non-party provides such notice and description, the
privilege or protection is not waived.

(2)

A party who discovers that it may have received an inadvertently
disclosed or produced protected document must promptly notify the
disclosing or producing party or non-party.

(b)

Handling of Protected Document. A party who is notified or discovers that it
may have received a protected document must comply with Fed. R. Civ. P.
26(b)(5)(B).

10.

Security Precautions and Data Breaches.
(a)

Each party must make reasonable efforts to protect the confidentiality of any
confidential document disclosed or produced to that party.

(b)

A party who learns of a breach of confidentiality must promptly notify the
disclosing or producing party of the scope and nature of that breach and make
reasonable efforts to remedy the breach.

11.

Survival of Obligations.
The obligations imposed by this protective order survive the termination of
this action.

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12.

No Waiver.
No action taken in accordance with the Stipulation and the Protective Order shall be
construed as a waiver of any claim or defense in the action or of any position as to
discoverability or admissibility of evidence.

13.

Prior Orders.
All prior consistent orders remain in full force and effect.

14.

Remedies.
Failure to comply with any provision of this Order or any other prior
consistent Order shall subject the non-complying party, non-complying
counsel and/or the party such counsel represents to any and all appropriate
remedies, sanctions and the like, including without limitation: assessment of
costs, fines and attorneys’ fees and disbursements; waiver of rights to object;
exclusion or limitation of witnesses, testimony, exhibits, and other evidence;
striking of pleadings; complete or partial dismissal with prejudice; entry of
partial default judgment; and/or any other relief that this Court may from
time to time deem appropriate.

Dated: November 21, 2018

s/ Tony N. Leung
Tony N. Leung
United States Magistrate Judge
District of Minnesota
Olinger v. Renville County, et al
Case No. 18-cv-472 (ECT/TNL)
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