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`UNITED STATES DISTRICT COURT
`DISTRICT OF MINNESOTA
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`COLLABERA, LLC Case No: 25-cv-00020 LMP/ECW
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` Plaintiff
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` v. PROTECTIVE ORDER
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`INNOVA SOLUTIONS, INC.;
`PAMELA REYNOLDS; and
`JOHN MANLEY
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` Defendants.
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` This case is before the Court on the parties’ Stipulation for Protective Order (Dkt.
`57). Having considered the Stipulation and for good cause shown IT IS ORDERED that
`the following shall govern discovery in this case:
`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;
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`(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.
`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;
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`(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 as an expert 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 Collabera, LLC vs. Innova Solutions, Inc.,
`et al. (Case No. 0:25-cv-00020-LMP-ECW) 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.
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`I declare under penalty of perjury that the foregoing is true
`and correct.
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`(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.
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`(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 business
`days after discovering the error, provide notice of the error to the receiving party 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.
`(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 is
`provided with a reasonable opportunity to seek relief from the court prior to the
`hearing or trial.
`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.
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`(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:
`(1) return or destroy all confidential documents; and
`(2) notify the disclosing or producing party or non-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 and copies of any correspondence,
`work product, deposition transcript, and deposition exhibits. The parties
`acknowledge and agree that such retained materials constitute confidential
`documents and are subject to paragraph 3 of this protective order.
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`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).
`11. 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 or non-party of the scope and nature of that breach
`and make reasonable efforts to remedy the breach.
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`12. Survival of Obligations. The obligations imposed by this protective order shall
`remain in effect until a designating party agrees otherwise in writing or a court orders
`otherwise.
`Dated: May 7, 2025
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` s/Elizabeth Cowan Wright
`ELIZABETH COWAN WRIGHT
`United States Magistrate Judge
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