03-CV-23-1739
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`STATE OF MINNESOTA
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`COUNTY OF BECKER
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`Plaintiff,
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`Lynn Drewes,
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`v.
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`Detroit Lakes Funeral Home, Inc. d/b/a David-
`Donehower Funeral & Cremation Service,
`FFH Minnesota, Inc., and Vertin Company,
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`
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`Defendants.
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`DISTRICT COURT
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`SEVENTH JUDICIAL DISTRICT
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`Case Type: Other Civil
`Court File No. 03-CV-23-1739
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`PROTECTIVE ORDER
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`Pursuant to the Stipulation for Protective Order executed by counsel for the parties hereto
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`and filed with this Court:
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`IT IS HEREBY ORDERED:
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`All documents produced in the course of discovery, all answers to interrogatories, all
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`answers to requests for admission, all responses to subpoenas, expert witnesses or consultant’s
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`notes and/or reports, and all deposition testimony shall be subject to the following standing Order
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`concerning confidential information:
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`Definitions. As used in this protective order:
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`(a)
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`(b)
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`“attorney” means an attorney who has appeared in this action;
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`“attorneys eyes only” means a document designated as such can only be available
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`to parties’ counsel and not shared with parties;
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`(c)
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`“confidential document” means a document designated as confidential under this
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`protective order, but does not include any document or copies of any document
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`that are produced or possessed by any party or person other than the party
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`1
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`1.
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`STATE OF MINNESOTA
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`COUNTY OF BECKER
`
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`Plaintiff,
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`
`Lynn Drewes,
`
`
`
`v.
`
`Detroit Lakes Funeral Home, Inc. d/b/a David-
`Donehower Funeral & Cremation Service,
`FFH Minnesota, Inc., and Vertin Company,
`
`
`
`Defendants.
`
`DISTRICT COURT
`
`SEVENTH JUDICIAL DISTRICT
`
`
`Case Type: Other Civil
`Court File No. 03-CV-23-1739
`
`
`
`
`PROTECTIVE ORDER
`
`
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`
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`Pursuant to the Stipulation for Protective Order executed by counsel for the parties hereto
`
`and filed with this Court:
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`IT IS HEREBY ORDERED:
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`All documents produced in the course of discovery, all answers to interrogatories, all
`
`answers to requests for admission, all responses to subpoenas, expert witnesses or consultant’s
`
`notes and/or reports, and all deposition testimony shall be subject to the following standing Order
`
`concerning confidential information:
`
`Definitions. As used in this protective order:
`
`(a)
`
`(b)
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`“attorney” means an attorney who has appeared in this action;
`
`“attorneys eyes only” means a document designated as such can only be available
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`to parties’ counsel and not shared with parties;
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`(c)
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`“confidential document” means a document designated as confidential under this
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`protective order, but does not include any document or copies of any document
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`that are produced or possessed by any party or person other than the party
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`1.
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`03-CV-23-1739
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`designating the document as confidential;
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`(d)
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`to “destroy” electronically stored information means to delete from all databases,
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`applications, and file systems so that the information is not accessible without the
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`use of specialized tools or techniques typically used by a forensic expert;
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`(e)
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`“document” means information disclosed or produced in discovery, including at a
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`deposition;
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`(f)
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`(g)
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`(h)
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`“notice” or “notify” means written notice;
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`“party” means a party to this action; and
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`“protected document” means a document protected by a privilege or the work-
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`product doctrine.
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`Designating a Document or Deposition as Confidential.
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`(a)
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`A party or non-party disclosing or producing a document may designate it as
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`confidential if the party or non-party contends that it contains confidential or
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`proprietary information.
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`(b)
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`A party or non-party may designate a document as confidential by conspicuously
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`marking each page with the word “confidential.”
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`(c)
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`Deposition testimony may be designated as confidential:
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`(1)
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`on the record at the deposition; or
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`after the deposition, by promptly notifying the parties and those who were
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`(2)
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`present at the deposition.
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`(d)
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`If a witness is expected to testify as to confidential or proprietary information, a
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`party or non-party may request that the confidential portion of the witness’s
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`deposition be taken in the presence of only those persons entitled to receive
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`2.
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`03-CV-23-1739
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`confidential documents.
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`Who May Receive a Confidential Document.
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`(a)
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`(b)
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`A confidential document may be used only in this action.
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`No person receiving a confidential document may reveal it, except to:
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`(1)
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`the court and its staff;
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`(2)
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`(3)
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`(4)
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`(5)
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`(6)
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`(7)
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`an attorney or an attorney’s partner, associate, or staff;
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`a person shown on the face of the confidential document to have authored
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`or received it;
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`a court reporter or videographer retained in connection with this action;
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`a party (subject to paragraph 3(c));
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`a person attending a deposition pursuant to Minn. R. Civ. P. 45; and
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`any person who:
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`(A)
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`(B)
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`is retained to assist a party or attorney with this action; and
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`signs a declaration that contains the person’s name, address,
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`employer, and title, and that is in substantially this form:
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`I have read, and agree to be bound by, the protective order
`in the case captioned Lynn Drewes v.Detroit Lakes Funeral Home,
`Inc. d/b/a David-Donehower Funeral & Cremation Service, FFH
`Minnesota, Inc., and Vertin Company (03-CV-23-1739) in the
`Becker County District Court for 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.
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`(c)
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`A party or non-party may supplement the “confidential” mark (see paragraph
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`3.
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`03-CV-23-1739
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`2(b)) with the words “attorney’s eyes only” under limited circumstances in which
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`case a confidential document so designated may not be revealed to another party.
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`If the parties cannot agree on whether something is properly labeled as “attorney’s
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`eyes only” the document will remain only “confidential” unless the party wishing
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`to add the “attorney’s eyes only” label is granted permission from the Court.
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`(d)
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`If a confidential document is revealed to someone not entitled to receive it, the
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`parties must make reasonable efforts to retrieve it.
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`4.
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`Serving This Protective Order on a Non-Party. A party serving a document subpoena
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`on a non-party must simultaneously serve a copy of this protective order.
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`5.
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`Correcting an Error in Designation. A party or non-party who discloses or produces a
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`confidential document not designated as confidential may, within 7 days after discovering
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`the error, provide notice of the error and produce a copy of the document designated as
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`confidential.
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`Use of a Confidential Document in Court.
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`(a)
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`Filing. This protective order does not authorize the filing of any document under
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`seal. A confidential document may be filed only in accordance with Minn. R.
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`Gen. Prac. 11.
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`(b)
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`Presentation at a hearing or trial. A party intending to present another party’s or a
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`non-party’s confidential document at a hearing or trial must promptly notify the
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`other party or the non-party so that the other party or the non-party may seek
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`relief from the court. If the use is in connection with a hearing, the party intending
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`to use them may give notice by serving motion papers that reference the
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`documents without filing the designated documents at the time of service. If the
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`03-CV-23-1739
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`use is in connection with the trial, the party intending to use them will be deemed
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`to give notice by including the documents on the exhibit list. In either case, the
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`party who produced the document shall have seven calendar days to obtain
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`appropriate relief.
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`Changing a Confidential Document’s Designation.
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`(a)
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`Document disclosed or produced by a party. A confidential document disclosed or
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`produced by a party remains confidential unless the parties agree to change its
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`designation or the court orders otherwise.
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`(b)
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`Document produced by a non-party. A confidential document produced by a non-
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`party remains confidential unless the non-party agrees to change its designation or
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`the court orders otherwise after providing an opportunity for the non-party to be
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`heard.
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`(c)
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`Changing a designation by court order. A party who cannot obtain agreement to
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`change a designation may move the court for an order changing the designation. If
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`the motion affects a document produced by a non-party then, with respect to the
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`motion, that non-party is entitled to the same notice and opportunity to be heard
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`as a party. The party or non-party who designated a document as confidential
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`must show that the designation satisfies Minn. R. Civ. P. 26.03.
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`Handling a Confidential Document after Termination of Litigation.
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`(a) Within 60 days after the termination of this action (including any appeals), each
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`party must:
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`(1)
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`(2)
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`return or destroy all confidential documents; and
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`notify the disclosing or producing party or non-party that it has returned or
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`8.
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`03-CV-23-1739
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`9.
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`destroyed all confidential documents within the 60-day period.
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`(b)
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`Notwithstanding paragraph 8(a), each attorney may retain a copy of any
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`confidential document.
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`Inadvertent Disclosure or Production to a Party of a Protected Document.
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`(a)
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`Notice.
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`(1)
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`A party or non-party who discovers that it has inadvertently disclosed or
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`produced a protected document must promptly notify the receiving party
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`and describe the basis of the claim of privilege or protection. If the party
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`or non-party provides such notice and description, the privilege or
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`protection is not waived.
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`(2)
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`A party who discovers that it may have received an inadvertently
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`disclosed or produced protected document must promptly notify the
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`disclosing or producing party or non-party.
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`(b)
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`Handling of Protected Document. A party who is notified or discovers that it may
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`have received a protected document must comply with Minn. R. Civ. P.
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`26.02(f)(2).
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`Security Precautions and Data Breaches.
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`10.
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`(a)
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`Each party must make reasonable efforts to protect the confidentiality of any
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`confidential document disclosed or produced to that party.
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`(b)
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`A party who learns of a breach of confidentiality must promptly notify the
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`disclosing or producing party or non-party of the scope and nature of that breach
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`and make reasonable efforts to remedy the breach.
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`11.
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`Survival of Obligations. The obligations imposed by this protective order survive the
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`termination of this action.
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`Dated:
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`, 2024
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`4869-6673-6055, v. 2
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`03-CV-23-1739
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`The Honorable Gretchen Thilmony
`Judge of the District Court
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