1:19-cv-00009•Zondo v. North Dakota Department of Corrections and Rehabilitation
Zondo v. North Dakota Department of Corrections and Rehabilitation
1:19-cv-00009Ndd7 oct. 2021
Texte intégral
Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page 1 of 9
Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page 2 of 9
Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page 3 of 9
Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page 4 of 9
Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page 5 of 9
Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page 6 of 9
ORDER The court ADOPTS the parties’ stipulation without any additions or modifications. IT IS SO ORDERED. Dated this 7th day of October, 2021. /s/ Clare R. Hochhalter Clare R. Hochhalter, Magistrate Judge United States District Court Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page 7 of 9
Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page 8 of 9
Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page 9 of 9
OCR transcription for search; preserved printed pages are authoritative
Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page1of9 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Paul Zondo, Plaintiff, STIPULATED PROTECTIVE ORDER Vs. North Dakota Department of Corrections Case No. 1:19-cv-00009 and Rehabilitation, Defendant. Upon stipulation of the parties for an order pursuant to Fed. R. Civ. P. 26(c) that confidential information be disclosed only in designated ways: 1. As used in the Protective Order, these terms have the following meanings: “Attorneys” means counsel of record; “Confidential” documents are documents that contain information protected under state or federal law that are designated pursuant to paragraph 2; “Documents” are all materials within the scope of Fed. R. Civ. P. 34; “Outside Vendors” means messenger, copy, coding, and other clerical-services vendors not employed by a party or its Attorneys; and “Written Assurance” means an executed document in the form attached as Exhibit A. 2. A Party may designate a document “Confidential”, to protect information that is protected under state or federal law as authorized under Fed. R. Civ. P. 26(c). 3. All Confidential documents, along with the information contained in the documents, shall be used solely for the purpose of this action, and no person receiving such documents shall, directly or indirectly, use, transfer, disclose, or communicate in any way the documents or their contents to any person other than those specified in paragraph 4. Any other use is prohibited. AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page 2of9 4. Access to any Confidential document shall be limited to: (a) The Court and its staff; (b) Attorneys, their law firms, and their Outside Vendors; (c) Persons shown on the face of the document to have authored or received it; (d) Court reporters retained to transcribe testimony; (e) The parties; (f) Outside independent persons (i.e., persons not currently or formerly employed by, consulting with, or otherwise associated with any party) who are retained by a party or its Attorneys to provide assistance as mock jurors or focus group members or the like, or to furnish technical or expert services, and/or to give testimony in this action. 5. Third parties producing documents in the course of this action may also designate documents as “Confidential”, subject to the same protections and constraints as the parties to the action. A copy of the Protective Order shall be served along with any subpoena served in connection with this action. All documents produced by such third parties shall be treated as “Confidential” for a period of 14 days from the date of their production, and during that period any party may designate such documents as “Confidential” pursuant to the terms of the Protective Order. 6. Each person appropriately designated pursuant to paragraph 4(f) to receive Confidential information shall execute a “Written Assurance” in the form attached as Exhibit A. Opposing counsel shall be notified at least 14 days prior to disclosure to any such person who is known to be an employee or agent of, or consultant to, any competitor of the party whose designated documents are soughtto be disclosed. Such notice shall provide a reasonable description of the outside independent person to whom disclosure is sought sufficient to permit objection to be made. If a party objects in writing to such disclosure within 14 Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page3of9 days after receipt of notice, no disclosure shall be made until the party seeking disclosure obtains the prior approval of the Court or the objecting party. 7. All depositions or portions of depositions taken in this action that contain confidential information may be designated “Confidential” and thereby obtain the protections accorded other “Confidential” documents. Confidentiality designations for depositions shall be made either on the record or by written notice to the other party within 14 days of receipt of the transcript. Unless otherwise agreed, depositions shall be treated as “Confidential” during the 14-day period following receipt of the transcript. The deposition of any witness (or any portion of such deposition) that encompasses Confidential information shall be taken only in the presence of persons who are qualified to have access to such information. 8. Any party who inadvertently fails to identify documents as “Confidential” shall, promptly upon discovery of its oversight, provide written notice of the error and substitute appropriately-designated documents. Any party receiving such improperly-designated documents shall retrieve such documents from persons not entitled to receive those documents and, upon receipt of the substitute documents, shall return or destroy the improperly-designated documents. 9. If a party files a document containing Confidential information with the Court, it shall do so in compliance with the Electronic Case Filing Procedures for the District of North Dakota. That policy provides that if a party seeks to file documents designated as “Confidential,” the party must first file a motion for leave to file under seal, accompanied by a memorandum in support, setting forth the legal basis for sealing the documents. If only portions of the documents designated as “Confidential” contain sensitive information, and a party seeks to file the documents with the court, that party must (1) Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page4of9 file a motion for leave to file under seal and a memorandum in support of the motion, which provides an explanation of the legal basis for redacting information from the document, and (2) attach to the motion for leave to file under seal an unredacted copy of the document and a proposed redacted copy of the document. The proposed redactions shall be highlighted or otherwise identified in a manner that enables the Court and the other party to easily review the proposed redactions. Prior to disclosure at trial or a hearing of materials or information designated “Confidential”, the parties may seek further protections against public disclosure from the Court. 10. Any party may request a change in the designation of any information designated “Confidential”. Any such document shall be treated as designated until the change is completed. If the requested change in designation is not agreed to, the party seeking the change may move the Court for appropriate relief, providing notice to any third party whose designation of produced documents as “Confidential” in the action may be affected. The party asserting that the material is Confidential shall have the burden of proving that the information in question is within the scope of protection afforded by Fed. R. Civ. P. 26(c). 11. Within 60 days of the termination of this action, including any appeals, each party shall either destroy or return to the opposing party all documents designated by the opposing party as “Confidential”, and all copies of such documents, and shall destroy all extracts and/or data taken from such documents. Each party shall provide a certification as to such return or destruction within the 60-day period. However, Attorneys shall be entitled to retain a set of all documents filed with the Court and all correspondence generated in connection with the action. Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page5of9 12. Any party may apply to the Court for a modification of the Protective Order, and nothing in this Protective Order shall be construed to prevent a party from seeking such further provisions enhancing or limiting confidentiality as may be appropriate. 18. No action taken in accordance with the Protective Order shall be construed as a waiver of any claim or defense in the action or of any position as to discoverability or admissibility of evidence. 14. The obligations imposed by the Protective Order shall survive the termination of this action. 15. This stipulation does not usurp North Dakota Open Records laws. To the extent there is a conflict between this stipulation and the obligations of any written assurance executed pursuant to this stipulation and the North Dakota law as it pertains to public records, North Dakota law controls. Stipulated to: Dated this 6t» day of October, 2021. Ebeltoft . Sickler . Lawyers PLLC Attorneys for Plaintiff 2272 Eighth Street West Dickinson, North Dakota 58601 Telephone Number: (701) 225-LAWS (5297) Facsimile Number: (701) 225-9650 Email: ngrant@ndlaw.com sthomas@ndlaw.com By: /s/ Shae Miller Nicholas C. Grant, ND ID #07102 Shea Miller, ND ID #08498 Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page6of9 Dated this 6t* day of October, 2021. State of North Dakota Wayne Stenehjem Attorney General By: /s/Courtney R. Titus Courtney R. Titus Assistant Attorney General State Bar ID No. 08810 Office of Attorney General 500 North 9th Street Bismarck, ND 58501-4509 Telephone (701) 328-3640 Facsimile (701) 328-4300 Email ctitus@nd.gov Attorneys for Defendant. ORDER The court ADOPTS the parties’ stipulation without any additions or modifications. IT IS SO ORDERED. Dated this 7th day of October, 2021. /s/ Clare R. Hochhalter Clare R. Hochhalter, Magistrate Judge United States District Court Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page 7 of 9 Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page 8of9 EXHIBIT A WRITTEN ASSURANCE , declares that: I reside at in the City of , County of , state of . My telephone number is I am currently employed by , located at , and my current job title is I have read and I understand the terms of the Protective Order dated , filed in Case No. , pending in the United States District Court for the District of North Dakota. I agree to comply with and be bound by the provisions of the Protective Order. I understand that any violation of the Protective Order may subject me to sanctions by the Court. I shall not divulge any documents, or copies of documents, designated “Confidential” obtained pursuant to such Protective Order, or the contents of such documents, to any person other than those specifically authorized by the Protective Order. I shall not copy or use such documents except for the purposes of this action and pursuant to the terms of the Protective Order. As soon as practical, but no later than 30 days after final termination of this action, I shall return to the attorney from whom I have received them, any Case 1:19-cv-00009-DMT-CRH Document 42 Filed 10/07/21 Page9of9 documents in my possession designated “Confidential”, and all copies, excerpts, summaries, notes, digests, abstracts, and indices relating to such documents. I submit myself to the jurisdiction of the United States District Court for the District of North Dakota for the purpose of enforcing or otherwise providing relief relating to the Protective Order. Executed on (Date) (Signature)
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.