Sheehan-Bacus v. Minnesota Department of Education
Filing
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PROTECTIVE ORDER re 12 Stipulation for Protective Order. Signed by Magistrate Judge Dulce J. Foster on 6/3/2024. (JC)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
C. Zane Sheehan-Bacus
Case No. 24-cv-133 (PJS/DJF)
Plaintiff,
ORDER
v.
Minnesota Department of Education,
Defendant.
This matter is before the Court on the parties’ Stipulation for Protective Order
(“Stipulation”). The Court has reviewed the stipulation. It is APPROVED IN PART, 1 and the
following shall govern discovery in this matter:
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;
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Material amendments to the parties’ proposed protective order are highlighted for ease of
reference.
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(d)
“document” means information disclosed or produced in discovery,
including at a deposition;
(e)
“MGDPA” means the Minnesota Government Data Practices Act, Minn.
Stat. §§ 13.01, et seq.;
(f)
“notice” or “notify” means written notice;
(g)
“party” means a party to this action; and
(h)
“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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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 C. Zane Sheehan-Bacus v.
Minnesota Department of Education, Court File 24-cv-133, 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
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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 or non-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 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. All counsel acknowledge they have reviewed LR 5.6, which governs
filing under seal, and its procedures are incorporated herein by reference.
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(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
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:
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(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.
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.
(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.
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(b)
A party who learns of a breach of confidentiality must promptly notify the
disclosing or producing party or non-party of the scope and nature of that
breach and make reasonable efforts to remedy the breach.
(c)
To the extent a court order is required under the MGDPA as a condition
precedent to the production of not public data that is otherwise discoverable
under Fed. R. Civ. P. 26, this Protective Order shall constitute such a court
order, and the parties may rely on this Protective Order as a legal basis for
producing such not public data.
11.
Survival of Obligations. The obligations imposed by this protective order survive
the termination of this action.
SO ORDERED.
Dated: June 3, 2024
s/ Dulce J. Foster
Dulce J. Foster
United States Magistrate Judge
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