Wisdom et al v. BNSF Railway Company

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The parties stipulate that the Court may enter the following protective order:
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;
(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) 	The parties agree that documents containing proprietary and/or sensitive business
or financial information may be designated as confidential by marking documents
containing such information “Confidential.” Examples of confidential information
include nonpublic business and/or financial records.
(b) 	Deposition testimony may be designated as confidential if it discusses the details
of information designated as confidential.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
WESTERN DIVISION
Ryan Wisdom and Debby Wisdom,
Plaintiffs,
vs.
BNSF Railway Company,
a Delaware corporation,
Defendant.
Case No. 1:25-cv-00177 (DLH/CRH)
STIPULATION FOR
PROTECTIVE ORDER
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(c) 	If a witness is expected to testify as to confidential video footage, 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 video footage.
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;
(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 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 [case caption and number] 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.
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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 5.1(C).
5. 	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 5.1(C).
(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.
6. 	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.
7. 	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).
8. 	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.
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(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.
9. 	Survival of Obligations. 	The obligations imposed by this protective order survive the
termination of this action.
Stipulated to:
DATED: January 30, 2026
TAFT STETTINIUS & HOLLISTER LLP
By: /s/ Thomas J. Basting, Jr.
Thomas J. Basting, Jr. (ND #09163)
2200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402-2157
Telephone: 	(612) 977-8400
Fax: 	(612) 977-8650
Email: tbasting@taftlaw.com
ATTORNEYS FOR DEFENDANT BNSF
RAILWAY COMPANY
DATE: January 30, 2026
BARRETT, EASTERDAY, CUNNINGHAM &
ESELGROTH, LLP
By: 	/s/ David C. Barrett, Jr.
David C. Barrett, Jr.
1255 W Coulee Road
Bismarck, ND 58501
Phone: 701-354-4878
dbarrett@farmlawyers.com
BARRETT, EASTERDAY, CUNNINGHAM &
ESELGROTH, LLP
By: 	/s/ G. Eli Earich
G. Eli Earich
7259 Sawmill Road
Dublin, OH 43016
Phone: 614-210-1840
gearich@farmlawyers.com
ATTORNEYS FOR PLAINTIFFS
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ORDER
The court ADOPTS the Parties’ Stipulation for Protective Order in its entirety.
IT IS SO ORDERED.
Dated this 2nd day of February, 2026.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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