Dobrzelecki v. Carrington Health Center et al

104370733.2
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NORTH DAKOTA
WESTERN DIVISION
SHAWNA DOBRZELECKI,
Plaintiff,
v.
CARRINGTON HEALTH CENTER, and
JODI HOVDENES,
Defendants.
Case No.: 1:25-cv-00066-DLH-CRH
PROTECTIVE ORDER
The parties agree that during the course of discovery it may be necessary to disclose certain
confidential information relating to the subject matter of this action. 	They agree that certain
categories of such information should be treated as confidential, protected from disclosure outside
this litigation, and used only for purposes of prosecuting or defending this action and any appeals.
The parties jointly request entry of this proposed Protective Order to limit the disclosure,
dissemination, and use of certain identified categories of confidential information.
The parties assert in support of their request that protection of the identified categories of
confidential information is necessary to protect the parties and other persons from annoyance,
embarrassment, and comply with the Health Insurance Portability and Accountability Act
(“HIPAA”). 	Discovery in this case may seek private information concerning parties and
nonparties, confidential matters concerning Defendant’s proprietary and confidential business
information, the personnel records of current and/or former employees of Defendant, and protected
health information. For good cause shown under Fed. R. Civ. P. 26(c), the Court grants the parties’
joint request and hereby enters the following Protective Order:
1. 	Scope. 	All documents and materials produced in the course of discovery of this
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case, including initial disclosures, responses to discovery requests, all deposition testimony and
exhibits, and information derived directly therefrom (hereinafter collectively “documents”), are
subject to this Order concerning Confidential Information as set forth below. 	As there is a
presumption in favor of open and public judicial proceedings in the federal courts, this Order will
be construed in favor of public disclosure and open proceedings wherever possible.
2. 	Definition of Confidential Information. 	As used in this Order, “Confidential
Information” is defined as information that the producing party designates in good faith has been
previously maintained in a confidential manner and should be protected from disclosure and use
outside the litigation because its disclosure and use is restricted by statute or could potentially
cause harm to the interests of disclosing party or nonparties. For purposes of this Order, the parties
will limit their designation of “Confidential Information” to the following categories of
information or documents:
(a) 	Personnel records of non-parties
(b) 	Tax records and other financial information
(c) 	Proprietary business records
(d) 	Medical records and other protected health information
(e) 	Information for which disclosure is restricted by law
Information or documents that are available to the public may not be designated as Confidential
Information.
3. 	Form and Timing of Designation. The producing party may designate documents
produced after the entry of this Order as containing Confidential Information and therefore subject
to protection under this Order by marking or placing the word “CONFIDENTIAL” (hereinafter
“the marking”) on every page of the document and on all copies in a manner that will not interfere
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with the legibility of the document. As used in this Order, “copies” includes electronic images,
duplicates, extracts, summaries or descriptions that contain the Confidential Information. 	The
marking will be applied prior to or at the time the documents are produced or disclosed. Applying
the marking to a document does not mean that the document has any status or protection by statute
or otherwise except to the extent and for the purposes of this Order. Copies that are made of any
designated documents must also bear the marking, except that indices, electronic databases, or lists
of documents that do not contain substantial portions or images of the text of marked documents
and do not otherwise disclose the substance of the Confidential Information are not required to be
marked. 	By marking a designated document as confidential, the designating attorney thereby
certifies that the document contains Confidential Information as defined in this Order.
4. 	Inadvertent Failure to Designate. Inadvertent failure to designate any document
or material as containing Confidential Information will not constitute a waiver of an otherwise
valid claim of confidentiality pursuant to this Order, so long as a claim of confidentiality is asserted
within thirty (30) days after discovery of the inadvertent failure. 	Upon receipt of notice that
material is designated as “CONFIDENTIAL,” the Parties and their counsel, if applicable, shall
immediately take action to maintain and restrict the use of such information in accordance with
the terms of this Protective Order.
5. 	Depositions. Deposition testimony will be deemed confidential only if designated
as such when the deposition is taken or within a reasonable time period after receipt of the
deposition transcript. Such designation must be specific as to the portions of the transcript and/or
any exhibits to be protected.
6. 	Protection of Confidential Material.
(a) 	General Protections. Designated Confidential Information must be used
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104370733.2
or disclosed solely for purposes of prosecuting or defending this lawsuit, including any appeals.
(b) 	HIPAA Protections. The parties acknowledge that some of the information
produced in this case may be protected health information, or contain such information, within the
meaning of the Health Insurance Portability and Accountability Act (“HIPAA”). Consistent with
45 C.F.R. § 164.512(e)(1)(iv)(v), and as to the health information requested, the parties agree that
counsel and the receiving party:
(1) 	shall not use or disclose the information for any purpose other than
litigating this action;
(2) 	shall return or destroy the protected health information (and all
copies made) at the end of this action, subject to the provisions of Section 10;
(3) 	shall request, use and disclose only the minimum amount necessary
to conduct this action.
(c) 	Who May View Designated Confidential Information. Except with the
prior written consent of the designating party or prior order of the court, designated Confidential
Information may only be disclosed to the following persons:
(1) 	The parties to this litigation, including any employees,
agents, and representatives of the parties;
(2) 	Counsel for the parties and employees and agents of counsel;
(3) 	The court and court personnel, including any special master
appointed by the court, and members of the jury;
(4) 	Court reporters, recorders, and videographers engaged for
depositions;
(5) 	Any mediator appointed by the court or jointly selected by
the parties;
(6) 	Any expert witness, outside consultant, or investigator
retained specifically in connection with this litigation, but only after
such 	persons 	have 	completed 	the 	certification 	contained 	in
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104370733.2
Attachment A, Acknowledgment and Agreement to be Bound;
(7) 	Any potential, anticipated, or actual fact witness and his or
her counsel, but only to the extent such confidential documents or
information 	will 	assist 	the 	witness 	in 	recalling, 	relating, 	or
explaining facts or in testifying, and only after such persons have
been advised of the terms of this Order and such persons understand
that they are bound by the terms of this Order;
(8) 	The author or recipient of the document (not including a
person who received the document in the course of the litigation);
(9) 	Independent providers of document reproduction, electronic
discovery, 	or 	other 	litigation 	services 	retained 	or 	employed
specifically in connection with this litigation;
(10) 	Other persons only upon consent of the producing party and
on such conditions as the parties may agree.
(d) 	Control of Documents. The parties must take reasonable efforts to prevent
unauthorized or inadvertent disclosure of documents designated as containing Confidential
Information pursuant to the terms of this Order. Counsel for the parties must maintain a record of
those persons who have reviewed or been given access to the documents along with the originals
of the forms signed by those persons acknowledging their obligations under this Order. 	The
obligation to maintain a record of persons who have reviewed or been given access to the
documents does not extend to the employees of counsel.
7. 	Filing of Confidential Information. 	In the event a party seeks to file any
document containing Confidential Information subject to protection under this Order with the
court, that party must take appropriate action to insure that the document receives proper protection
from public disclosure including: (a) filing a redacted document with the consent of the party who
designated the document as confidential; (b) where appropriate (e.g., in relation to discovery and
evidentiary motions), submitting the document solely for in camera review; or (c) when the
preceding measures are inadequate, seeking permission to file the document under seal by filing a
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motion for leave to file under seal in accordance with the Court’s Administrative Policy Governing
Electronic Filing and Service.
Nothing in this Order will be construed as a prior directive to allow any document to be
filed under seal. The parties understand that the requested documents may be filed under seal only
with the permission of the court after proper motion.
8. 	Challenges to a Confidential Designation. 	The designation of any material or
document as Confidential Information is subject to challenge by any party. 	Before filing any
motion or objection to a confidential designation, the objecting party must meet and confer in good
faith to resolve the objection informally without judicial intervention. 	A party that elects to
challenge a confidentiality designation may file and serve a motion that identifies the challenged
material and sets forth in detail the basis for the challenge. The burden of proving the necessity of
a confidentiality designation remains with the party asserting confidentiality. Until the court rules
on the challenge, all parties must continue to treat the materials as Confidential Information under
the terms of this Order.
9. 	Use of Confidential Documents or Information at Trial or Hearing. Nothing
in this Order will be construed to affect the use of any document, material, or information at any
trial or hearing. A party that intends to present or that anticipates that another party may present
Confidential Information at a hearing or trial must bring that issue to the attention of the court and
the other parties without disclosing the Confidential Information. The court may thereafter make
such orders as are necessary to govern the use of such documents or information at the hearing or
trial.
10. 	Obligations on Conclusion of Litigation.
(a) 	Order Remains in Effect. 	Unless otherwise agreed or ordered, all
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104370733.2
provisions of this Order will remain in effect and continue to be binding after conclusion of the
litigation.
(b) 	Return of Confidential Documents. 	Within thirty (30) days after this
litigation concludes by settlement, final judgment, or final order, including all appeals, all
documents designated as containing Confidential Information, including copies as defined above,
must be returned to the party who previously produced the document or destroyed except that
counsel for each party are permitted to retain copies of the Confidential Information.
(c) 	Retention of Work Product. Notwithstanding the above requirements to
return or destroy documents, counsel may retain attorney work product, including an index which
refers or relates to designated Confidential Information, so long as that work product does not
duplicate verbatim substantial portions of the text or images of designated documents. This work
product will continue to be confidential under this Order. 	An attorney may use his or her own
work product in subsequent litigation provided that its use does not disclose Confidential
Information.
11. 	Order Subject to Modification. This Order is subject to modification by the court
on its own motion or on motion of any party or any other person with standing concerning the
subject matter. The Order must not, however, be modified until the parties have been given notice
and an opportunity to be heard on the proposed modification.
12. 	No 	Prior 	Judicial 	Determination. 	This 	Order 	is 	entered 	based 	on 	the
representations and agreements of the parties and for the purpose of facilitating discovery. Nothing
in this Order will be construed or presented as a judicial determination that any document or
material designated as Confidential Information by counsel or the parties is entitled to protection
under Fed. R. Civ. P. 26(c) or otherwise until such time as the court may rule on a specific
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document or issue.
13. 	Persons Bound by Protective Order. 	This Order will take effect when entered
and is binding upon all counsel of record and their law firms, the parties, and persons made subject
to this Order by its terms.
14. 	Jurisdiction. The court’s jurisdiction to enforce the provisions of this Order will
terminate on the final disposition of this case. But a party may file a motion to seek leave to reopen
the case to enforce the provisions of this Order.
15. 	Applicability to Parties Later Joined. 	If additional persons or entities become
parties to this lawsuit, they must not be given access to any Confidential Information until they
execute and file with the court their written agreement to be bound by the provisions of this Order.
16. 	Protections Extended to Third-Party’s Confidential Information. The parties
agree to extend the provisions of this Protective Order to Confidential Information produced in
this case by third parties, if timely requested by the third party.
17. 	Confidential 	Information 	Subpoenaed 	or 	Ordered 	Produced 	in 	Other
Litigation. If a receiving party is served with a subpoena or an order issued in other litigation that
would compel disclosure of any material or document designated in this action as Confidential
Information, the receiving party must so notify the designating party, in writing, immediately and
in no event more than three business days after receiving the subpoena or order. Such notification
must include a copy of the subpoena or court order.
The receiving party also must immediately inform in writing the party who caused the
subpoena or order to issue in the other litigation that some or all of the material covered by the
subpoena or order is the subject of this Order. In addition, the receiving party must deliver a copy
of this Order promptly to the party in the other action that caused the subpoena to issue.
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104370733.2
The purpose of imposing these duties is to alert the interested persons to the existence of
this Order and to afford the designating party in this case an opportunity to try to protect its
Confidential Information in the court from which the subpoena or order issued. The designating
party bears the burden and the expense of seeking protection in that court of its Confidential
Information, and nothing in these provisions should be construed as authorizing or encouraging a
receiving party in this action to disobey a lawful directive from another court. The obligations set
forth in this paragraph remain in effect while the party has in its possession, custody, or control
Confidential Information by the other party to this case.
18. 	Inadvertent Disclosure of Confidential Information Covered by Attorney-
Client Privilege or Work Product. The inadvertent disclosure or production of any information
or document that is subject to an objection on the basis of attorney-client privilege or work-product
protection, including, but not limited, to information or documents that may be considered
Confidential Information under the Protective Order, will not be deemed to waive a party’s claim
to its privileged or protected nature or estop that party or the privilege holder from designating the
information or document as attorney-client privileged or subject to the work product doctrine at a
later date. Any party receiving any such information or document must return it upon request to
the producing party. Upon receiving such a request as to specific information or documents, the
receiving party must return the information or documents to the producing party within thirty (30)
days, regardless of whether the receiving party agrees with the claim of privilege and/or
work-product protection. Disclosure of the information or document by the other party prior to
such later designation will not be deemed a violation of the provisions of this Order. 	The
provisions of this section constitute an order pursuant to Rules 502(d) and (e) of the Federal Rules
of Evidence.
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104370733.2
IT IS SO ORDERED.
Dated this 20th day of October, 2025.
/s/ Clare R. Hochhalter
Honorable Clare R. Hochhalter
U.S. Magistrate Judge
WE SO MOVE and agree to abide by 	WE SO MOVE and agreed to abide by
the terms of this Order. 	the terms of this Order
/s/ 	David L. Miller (with permission)
Jonathan P. Sanstead, #05332
Attorneys for Plaintiff
Post Office Box 2596
Bismark, ND 58502
(701) 220-2890
jon@sansteadlaw.com
David L. Miller (pro hac vice)
Rock Fusco & Connelly, LLC
333 West Wacker Drive
19 th Floor
Chicago, IL 60606
(312) 494-1000
Dmiller@rfclaw.com
Attorneys for Plaintiff
/s/ Meghan H. Hanson
Denise K Drake (MO #43351) (admitted
to U.S.D.C. N.D.)
900 W. 48 th Place, Suite 900
Kansas City, MO 64112
Tel.: (816) 550-7557
Fax: (816) 222-0519
ddrake@polsinelli.com
Meghan H. Hanson (CO# 60354)
(admitted to U.S.D.C. N.D.)
1401 Lawrence Street, Suite 1400
Denver, CO 80202
Tel: (303) 572-9300
Fax: (303) 572-7883
mhanson@polsinelli.com
Attorneys for Defendants
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104370733.2
ATTACHMENT A
ACKNOWLEDGMENT
AND
AGREEMENT TO BE BOUND
The undersigned hereby acknowledges that he/she has read the Protective Order dated
_______________ in the case captioned, Shawna Dobrzelecki v. Carrington Health Center and
Jodi Hovdenes, Case No. 1:25-cv-00066-DLH-CRH, and attached hereto, understands the terms
thereof, and agrees to be bound by its terms. The undersigned submits to the jurisdiction of the
United States District Court for the District of North Dakota in matters relating to this Protective
Order and understands that the terms of the Protective Order obligate him/her to use materials
designated as Confidential Information in accordance with the Order solely for the purposes of the
above-captioned action, and not to disclose any such Confidential Information to any other person,
firm, or concern, except in accordance with the provisions of the Protective Order.
The undersigned acknowledges that violation of the Protective Order may result in
penalties for contempt of court.
Name: 	______________________________________
Job Title: 	______________________________________
Employer: 	______________________________________
Business Address: 	___________________________
___________________________
Date: _________________ 	___________________________
Signature
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