Equal Employment Opportunity Commission v. Rocky Mountain Casing Crews

Filing 20

ORDER Adopting 19 Stipulation filed by Equal Employment Opportunity Commission by Magistrate Judge Charles S. Miller, Jr. (ZE)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
EQUAL EMPLOYMENT OPPORTUNITY )
COMMISSION,
)
)
Plaintiff,
)
v.
)
)
ROCKY MOUNTAIN CASING CREWS,
)
)
Defendant.
)
)

Case No. 1:16-cv-00428-DLH-CSM
JOINT STIPULATION FOR
PROTECTIVE ORDER

1. The parties, through their undersigned counsel, pursuant to Rule 26(c) of the
Federal Rules of Civil Procedure, stipulate and agree to the entry of the following order:
2. The following information may be designated as CONFIDENTIAL by the parties:
(a)

Any sensitive corporate information not publicly available;

(b)

Any private personnel information about employees other than Charging

Party Michael Allyn, including information about personal matters such as medical information.

(c)

Any highly personal information, such as information pertaining to

Michael Allyn’s medical or emotional condition, his personal, marital or familial
relationships, and his personal financial, federal or state tax information.
3.

Such CONFIDENTIAL designation does not restrict the parties’ ability to

discover the information under the Federal Rules of Civil Procedure, or affect any other
objection that a party may have to production of the information. Nothing in this Order bars the
use of a document or information designated as CONFIDENTIAL in depositions, motion
practice or trial. A party may object to the designation of a document as CONFIDENTIAL
pursuant to the procedure set forth in paragraph 8, below.

-1-

4. Any document designated CONFIDENTIAL by a party, and all information and
data contained therein, shall be treated by the other party as confidential and shall not be
used or disclosed outside of this action for any purpose whatsoever, and specifically shall not
be used or disclosed for any business or commercial purpose. Any information that is
publicly available (other than information disclosed in violation of this Protective Order)
shall not be considered Confidential Information.
5. Nothing herein shall prevent a party from disclosing its own Confidential
Document or information as it deems appropriate and such disclosure shall not waive the
protections of this Stipulation with respect to any other Confidential Document or
information, whether or not such other document or information is related to the voluntarily
disclosed document or information.
6. All documents designated CONFIDENTIAL, and all duplicates thereof, shall be
controlled by and remain in the possession of legal counsel representing the parties to this
action. Documents designated CONFIDENTIAL, and duplicates thereof, shall be shown to
clients, witnesses and potential witnesses, law firm staff, EEOC staff, court reporters, the
Court and Court staff only as necessary to the prosecution of a claim or defense in this
action, and shall not be shown to any other person. No copy of any document designated
CONFIDENTIAL shall be provided to or made available to clients, witnesses, potential
witnesses, or any other person, except as specified herein. Duplication of any document
designated CONFIDENTIAL shall be done only as necessary for the prosecution of a claim
or defense in this action.
7. Any document designated CONFIDENTIAL shall be filed in the Court record or
lodged with the Court under seal to the extent permitted by the Court’s rules.
-2-

8. If any party receiving documents objects to the document being marked or
designated Confidential, the party objecting to the designation shall give written notice of the
objection to the party making the designation. It will then become the burden of the party
making the designation to file a motion to demonstrate before the court “good cause” for the
protection sought under this Stipulation, as required under Fed. R. Civ. P. 26(c). Within 30
days of receiving the written objections, the designating party shall confer with opposing
party and contact the Magistrate Judge’s chambers to schedule a conference under LR 37.1,
or the documents objected to will no longer be deemed Confidential Document(s) under this
order. In connection with any such motion, the parties agree that this Stipulation does not
alter any rules of civil procedure or any applicable burden of proof.
9. Prior to being provided Confidential Information, any third-party consultants or
experts shall be advised of the existence and contents of this Order, and the disclosing party
shall present such persons with the acknowledgment of their receipt of such advice in the
form annexed hereto as EXHIBIT A (“Acknowledgment”). All Acknowledgments presented
for signature shall be retained by counsel for the party making the disclosure.
10. This Stipulation shall be without prejudice to the right of any party to oppose
production of any documents or information for any lawful grounds, and nothing in this
Stipulation shall be construed to limit any party’s right to oppose discovery on any grounds
that otherwise would be available. This Stipulation shall not limit any party’s right to seek
further and additional protection against, or limitation upon, production or dissemination of
information and documents or their contents. This Order does not bar the use of a document
or information designated as Confidential Information in depositions, motion practice or
trial.
-3-

11. The parties through counsel stipulated that the Court may enter the order in the
form presented without hearing.
Stipulated to:

Dated: October 24, 2017

s/ Laurie Vasichek
Laurie A. Vasichek (MN Bar No. 0171438)
Senior Trial Attorney
EEOC - Minneapolis Area Office
330 Second Avenue South, Suite 720
Minneapolis, MN 55401
Telephone: [phone]
Fax: [phone]
[e-mail]
Kelly Bunch, (IL Bar No. 6323195)
Trial Attorney
EEOC - Chicago District Office
500 West Madison Street, Suite 2000
Chicago, IL 60661
Telephone: [phone]
Facsimile: [phone]
[e-mail]
ATTORNEYS FOR PLAINTIFF

Dated: October 24, 2017

s/ Kevin Chapman .
Kevin J. Chapman
Chapman Law Firm, P.C.
4171 1st Avenue East
PO Box 1920
Williston, ND 58802
ATTORNEY FOR DEFENDANT

-4-

EXHIBIT A
Acknowledgment
The undersigned has read the annexed Order in the above-captioned action entered as
an Order of the Court on ________________, 2017. The undersigned agrees to be bound by
the terms thereof, and not to disclose or otherwise use any of the Confidential information
made available or produced in connection with this litigation (or any copies thereof or the
information contained therein) other than in connection with this litigation as provided for in
the Order. Additionally, the undersigned submits to the jurisdiction of the Court for any
disputes related to, or enforcement of, the Order.

Dated: _______________________

.

-5-

ORDER
The court ADOPTS the parties’ joint stipulation for protective order without addition or
modification.
IT IS SO ORDERED.
Dated this 26th day of October, 2017.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court