Scott et al v. Minnesota Board of Pharmacy, The et al

1
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
RACHEL SCOTT and
DORA IG-IZEVBEKHAI
Plaintiffs,
vs.
THE MINNESOTA BOARD OF
PHARMACY, et al.
Defendants.
Case No. 25-cv-03347 (KMM/DJF)
PROTECTIVE ORDER
This 	matter 	is 	before 	the 	Court 	on 	the 	parties’ 	Stipulation 	for 	Protective 	Order
(“Stipulation”) (ECF No. 51). The Court APPROVES the parties’ Stipulation IN PART.1 Based
on the Stipulation and for good cause shown, 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) 	“challenging party” means a party that challenges the designation of documents
under this Protective Order;
(c) 	“confidential document” means a document designated as confidential under this
Protective Order;
(d) 	“designating party” means a party that designates information or items that it
produces in disclosures or in responses to discovery as confidential;
1 Material changes to the parties’ proposal are highlighted for ease of reference.
CASE 0:25-cv-03347-KMM-DJF Doc. 53 Filed 01/14/26 Page 1 of 9

2
(e) 	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;
(f) 	“document” means information disclosed or produced in discovery, including at a
deposition;
(g) 	“MGDPA” means the Minnesota Government Data Practices Act, Minn. Stat. §§
13.01, et seq.;
(h) 	“notice” or “notify” means written notice;
(i) 	“party” means a party to this action; and
(j) 	“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.
CASE 0:25-cv-03347-KMM-DJF Doc. 53 Filed 01/14/26 Page 2 of 9

3
(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 or media.
3. 	Challenging Confidentiality Designations. Any party may challenge a designation of
confidentiality on any document at any time. A party does not waive its right to challenge
a confidentiality designation by electing not to mount a challenge promptly after the
original designation is disclosed.
(a) 	Dispute resolution process – Meet and Confer Requirement.
(1) 	The challenging party shall initiate the dispute resolution process by
providing written notice of each designated document it is challenging and
describing the basis for each challenge.
(2) 	To avoid ambiguity as to whether a challenge has been made, the written
notice must recite that the challenge to confidentiality is being made in
accordance with this specific paragraph of this Protective Order. The parties
shall attempt to resolve each challenge in good faith and must begin the
process by conferring directly (in voice-to-voice dialogue; other forms of
communication are not sufficient) within 14 days of the date of service of
the notice.
(3) 	In conferring, the challenging party must explain the basis for its belief that
the confidentiality designation was not proper and must give the designating
party an opportunity to review the designated material, to reconsider the
circumstances, and, if no change in designation is offered, to explain the
basis for the chosen designation.
CASE 0:25-cv-03347-KMM-DJF Doc. 53 Filed 01/14/26 Page 3 of 9

4
(4) 	If the parties cannot resolve a challenge without court intervention, the
designating party shall request Informal Dispute Resolution pursuant to the
Pretrial Scheduling Order (ECF No. 40 at 5) or file and serve a motion to
retain confidentiality under L.R. 7.1 within 14 days of the parties agreeing
that the meet and confer process will not resolve their dispute. Each such
motion must be accompanied by a competent declaration affirming that the
movant has complied with the meet and confer requirements imposed in the
preceding paragraph. Failure by the designating party to make such a
motion, including the required declaration, within required time shall
automatically waive the confidentiality designation for each challenged
designation.
(5) 	In addition, the challenging party may file a motion challenging a
confidentiality designation at any time if it has engaged in the meet and
confer process first or establishes that the designating party is unwilling to
participate in the meet and confer process in a timely manner. Any motion
brought pursuant to this provision must be accompanied by a competent
declaration affirming that the movant has complied with the meet and confer
requirements imposed by the preceding paragraph.
4. 	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;
CASE 0:25-cv-03347-KMM-DJF Doc. 53 Filed 01/14/26 Page 4 of 9

5
(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 Rachel Scott and Dora Ig-Izevbekhai v. The
Minnesota Board of Pharmacy, et al., Civil File No. 25-cv-3347
(KMM/DJF), pending 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 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.
5. 	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.
CASE 0:25-cv-03347-KMM-DJF Doc. 53 Filed 01/14/26 Page 5 of 9

6
6. 	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.
7. 	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,
which procedures are incorporated herein by reference.
(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.
(c) 	Nothing in this Protective Order shall be construed to require other documents such
as declarations, memoranda of law, etc., to be filed under seal.
8. 	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.
CASE 0:25-cv-03347-KMM-DJF Doc. 53 Filed 01/14/26 Page 6 of 9

7
(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).
9. 	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 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.
10. 	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.
CASE 0:25-cv-03347-KMM-DJF Doc. 53 Filed 01/14/26 Page 7 of 9

8
(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.
(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.
12. 	Survival of Obligations. 	The obligations imposed by this Protective Order survive the
termination of this action.
13. 	Non-Waiver of Privilege. Pursuant to Fed. R. Evid. 502(d), the privilege or protection is
not waived by disclosure connected with the litigation pending before the Court. Further:
(a) 	the production of privileged or work-product protected documents, including ESI,
is not a waiver, whether the production is inadvertent or otherwise, in the particular
case or in any other federal or state proceeding; and
CASE 0:25-cv-03347-KMM-DJF Doc. 53 Filed 01/14/26 Page 8 of 9

9
(b) 	nothing contained in this Order limits a party’s right to conduct a review for
relevance and the segregation of privileged information and work product material
prior to production.
IT IS SO ORDERED.
Dated: January 14, 2026 	s/ Dulce J. Foster
Dulce J. Foster
United States Magistrate Judge
CASE 0:25-cv-03347-KMM-DJF Doc. 53 Filed 01/14/26 Page 9 of 9