McCampbell v. McCampbell et al

Filing 48

ORDER on 46 Stipulation & PROTECTIVE ORDER. (Written Opinion) Signed by Magistrate Judge Tony N. Leung on 2/4/2019. (EB)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Martha J. McCampbell, by and through
her guardian and conservator, Julie A.
Hidani,

Case No. 18-cv-1543 (DWF/TNL)

Plaintiff/Counter Defendant,
v.

PROTECTIVE ORDER

David C. McCampbell, and Laura O.
McCampbell, jointly and severally,
Defendants/Counterclaimants/
Third Party Plaintiffs,
v.
Julie A. Hidani, in her individual capacity,
Richard E. McCampbell, Mary E.
Neveaux, and Sheila L. Meagher,
Third-Party Defendants.

This matter comes before the Court on the parties’ Stipulation for Protective Order
(“Stipulation”) (ECF No. 46) for an order pursuant to Fed. R. Civ. P. 26(c) that confidential
information be disclosed only in designated ways. IT IS HEREBY ORDERED that the
parties’ Stipulation is GRANTED and confidential information shall be disclosed only in
the following ways:
1.

Definitions. As used in this protective order:
1

(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:
2

(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.

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

3

(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 McCampbell v. McCampbell et al.,
Case No. 18-cv-1543 (DWF/TNL), 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
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. A party or non-party who discloses or
produces a confidential document not designated as confidential may, within 7

4

days after discovering the error, provide notice of the error and produce a copy of
the document designated as confidential.
6.

Use of a Confidential Document in Court.
(a)

Filing. This protective order does not authorize the filing of any document
under seal. A confidential document may be filed only in accordance with
LR 5.6. The sealing of entire pleadings, memoranda of law, exhibits, and
the like is strongly discouraged. No document shall be filed under 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 confidential document 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
5

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 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:
6

(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)

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.

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.
1

7

(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.

12.

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

13.

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

8

whole or partial default judgment; and/or any other relief that this Court may
from time to time deem appropriate.

Date: February

4

s/ Tony N. Leung
Tony N. Leung
United States Magistrate Judge
District of Minnesota

, 2019

McCampbell v. McCampbell et al.
Case No. 18-cv-1543 (DWF/TNL)

9