Stark v. DAL Global Services, LLC

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Glenn L. Stark,
Plaintiff(s),
vs.
DAL Global Services, LLC,
Defendant(s).
Case No. 1:20-cv-223
PROTECTIVE ORDER
Based on the parties’ Stipulation for Protective Order [ECF Document No. 17], the Court
enters 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.
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(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.
(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.
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
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(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 North Dakota. 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 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.
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.
5 	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.
6 	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 the rules of
the Court.
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(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.
7 	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.
(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).
8 	Handling a Confidential Document after Termination of Litigation.
(a) 	Upon the request of a party or non-party that produced confidential documents
after the termination of this action (including any appeals), each party must:
(1) 	return or destroy all confidential documents; and
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(2) 	notify the disclosing or producing party that it has returned or destroyed
all confidential documents within 60 days of the request of the party or
non-party.
(b) 	Notwithstanding paragraph 8(a), each attorney may retain a copy of any
confidential document submitted to the court.
9 	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).
(c) 	The production of privileged or work-product protected documents, electronically
stored information (“ESI”) or information, whether inadvertent or otherwise, is
not a waiver of the privilege or protection from discovery in this case or in any
other federal or state proceeding. This Order shall be interpreted to provide the
maximum protection allowed by Federal Rule of Evidence 502(d).
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(d) 	Nothing contained herein is intended to or shall serve to limit a party’s right to
conduct a review of documents, ESI or information (including metadata) for
relevance, responsiveness and/or segregation of privileged and/or protected
information before production.
10 	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 of the scope and nature of that breach and make
reasonable efforts to remedy the breach.
11 	Survival of Obligations. The obligations imposed by this protective order survive the
termination of this action.
SO ORDERED.
BY THE COURT
Dated this 15 th day of March, 2021. 	/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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