Mollman v. Northland Pace Program et al

UNITED STATES DISTRICT COURT
DISTRICT OF NORTH DAKOTA
WESTERN DIVISION
BURTON MOLLMAN,
Plaintiff,
vs.
NORTHLAND PACE PROGRAM; AND
NORTHLAND HEALTH CARE
ALLIANCE,
Defendants.
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Case No. 1:25-cv-00170-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 information that a party or nonparty in good faith
contends contains private or sensitive information; confidential matters concerning Defendants’
proprietary and confidential business information; the personnel records of current and/or former
employees; and protected health information (collectively, “Confidential Information”). For good
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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 in this
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. 	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 with the legibility of the document.
For ESI produced in native or near-native format, a producing party may include the word
“CONFIDENTIAL” in a metadata field and on a PDF/TIF cover sheet in a manner that will not
interfere 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
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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.
3. 	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.
4. 	Depositions. Deposition testimony will be deemed confidential only if designated
as such when the deposition is taken or within 30 days 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.
5. 	Protection of Confidential Material.
(a) 	General Protections. Designated Confidential Information must be used
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 45 C.F.R. § 164.512(e)(2), 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
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litigating this action; and
(2) 	shall return or destroy the protected health information (and all
copies made) at the end of 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 or managers 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
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, but only after such persons have
completed 	the 	certification 	contained 	in 	Attachment 	A,
Acknowledgment and Agreement to be Bound;
(8) 	The author or recipient of the document (not including a
person who received the document solely in the course of the
litigation);
(9) 	Litigation support services vendors and their employees
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.
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(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 forms
signed by those persons acknowledging their obligations under this Order, if applicable. 	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.
6. 	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. 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.
7. 	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.
8. 	Use of Confidential Documents or Information at Trial or Hearing. Nothing
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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 Confidential Information that they have designed
as such at a hearing or trial and who wishes to protect the Confidential Information from disclosure
during any trial or hearing must bring that issue to the attention of the court and the other parties
without disclosing the Confidential Information to any individual who is not designated in
Paragraph 5(c) as someone who may view the Confidential Information. A party that intends to
present Confidential Information, that was designated as such by another party, at a hearing or trial
must confer with the party whom designated such Confidential Information to determine if the
designating party wishes to protect the Confidential Information from disclosure during any trial
or hearing, and if the designating party wishes to protect the Confidential Information from
disclosure during trial or hearing, the party intending to present the Confidential Information must
bring that issue to the attention of the court and the other parties without disclosing the Confidential
Information to any individual who is not designated in Paragraph 5(c) as someone who may view
the Confidential Information. 	The court may thereafter make such orders as are necessary to
govern the use of such Confidential Information at the hearing or trial.
9. 	Obligations on Conclusion of Litigation.
(a) 	Order Remains in Effect. 	Unless otherwise agreed or ordered, all
provisions of this Order will remain in effect and continue to be binding after conclusion of the
litigation.
(b) 	Return of Confidential Documents. 	Within sixty (60) 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
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counsel for each party are permitted to retain a copy of the Confidential Information, excluding
protected health information.
(c) 	Retention of Work Product. Notwithstanding the above requirements to
return or destroy documents, counsel may retain court filings and attorney work product, including
an index which refers or relates to designated Confidential Information. 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.
10. 	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.
11. 	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
document or issue.
12. 	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.
13. 	Jurisdiction. 	The obligations under this Protective Order, and the court’s
jurisdiction to enforce the provisions of this order, survive the final disposition of this case. A party
or nonparty may file a motion to seek leave to reopen the case to enforce the provisions of this
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Order.
14. 	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.
15. 	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.
16. 	Confidential 	Information 	Subpoenaed 	or 	Ordered 	Produced 	in 	Other
Litigation. If a receiving party is served with a subpoena, lawful directive, or order (collectively,
a “directive”) that would compel disclosure of any material or document produced and 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 five business days after receiving the directive.
Such notification must include a copy of the directive.
The receiving party also must immediately inform in writing the party who caused the
directive to issue in the other litigation that some or all of the material covered by the directive 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 directive to issue.
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 directive 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
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paragraph remain in effect while the party has in its possession, custody, or control Confidential
Information by the other party to this case.
17. 	Inadvertent Disclosure of Confidential Information Covered by Attorney-
Client Privilege or Work Product. A document that contains information protected by a privilege
or the work product doctrine is a protected document. A party or non-party who discovers that it
has inadvertently disclosed or produced a protected document must notify the receiving party
within 14 days after discovery of such inadvertent disclosure 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. 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. 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).
18. 	Cooperation with Law Enforcement Not Prohibited. Nothing in this Protective
Order shall be construed to prohibit, limit, or restrain a party’s cooperation with a state or federal
law enforcement investigation.
19. 	Serving this Protective Order on Nonparties. A party serving a subpoena on a
non-party must simultaneously serve a copy of this Protective Order.
IT IS SO ORDERED.
Dated this 13 th day of February, 2026.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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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
Dated: November 20, 2025
Premo Frank PLLC
/s/ Stephen M. Premo (with permission)
Stephen M. Premo (MN # 0393346)
stephen@premofrank.com
Matthew A. Frank (MN # 0395362)
matt@premofrank.com
401 Minneapolis Grain Exchange
400 South Fourth Street
Minneapolis, MN 55415
(612) 445-7042
Attorney for Plaintiff(s)
November 20, 2025
Polsinelli PC
/s/ Meghan H. Hanson
Karen K. Cain (MO #47420) (admitted to
U.S.D.C. N.D 07.29.25)
900 W. 48th Place, Suite 900
Kansas City, MO 64112
Telephone: (816) 753-1000
Facsimile: (816) 753-1536
E-mail: 	kcain@polsinelli.com
Jessica M. Andrade, WSBA #39297
admitted to U.S.D.C. N.D.
1000 2nd Ave., Ste. 3500
Seattle, WA 98104
Telephone: (206) 393-5422
Facsimile: (206) 299-9423
Email: jessica.andrade@polsinelli.com
Meghan H. Hanson (CO #60354)
(admitted to U.S.D.C. N.D. 04.23.25)
1401 Lawrence Street, Suite 1400
Denver, CO 80219
Telephone: (303) 572-9300
Facsimile: (303) 572-7883
E-mail: mhanson@polsinelli.com
Attorneys for Defendants
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ATTACHMENT A
ACKNOWLEDGMENT
AND
AGREEMENT TO BE BOUND
I hereby acknowledge that I have read the Protective Order dated _______________ in the
case captioned, Burton Mollman v. Northland PACE Program, et al., Case No. 1:25-cv-00170-
DLH-CRH (the “Action”), understand its terms, and agree to be bound by its terms. I submit to
the jurisdiction of the United States District Court for the District of North Dakota in matters
relating to this Protective Order and understand that the terms of the Protective Order require me:
(1) to use materials designated as Confidential Information in accordance with the
Order solely for the purposes of the Action;
(2) not to disclose any such Confidential Information to any other person, firm, or
concern, except in accordance with the provisions of the Protective Order; and
(3) to return or destroy documents designated as containing Confidential Information
60 days after this Action concludes by settlement, final judgment, or final order,
including all appeals.
I acknowledge that violating the Protective Order may subject me to penalties for contempt
of court.
Name: 	______________________________________
Job Title: 	______________________________________
Employer: 	______________________________________
Business Address: 	___________________________
___________________________
Date: _________________ 	___________________________
Signature
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