File ii a a WASHINGTON COUNTY DISTRICT COURT I STATE OF MINNESOTA IE- DEC 1 9 2335 DISTRICT COURT CHRISTINA VDLKERS COUNTY OF WASHINGTON COURT ATTEISTRATOR TENTH JUDICIAL DISTRICT nomm: Felicia Palmer, Sesario Briseno, Terry Case Type: Civil Maslowski, Pamela Maslowski, Gary A. Paulson, and Karen Paulson, Court File No: 62-04-6309 individually and on behalf of all others Hon. Mary E. Hannon similarly situated, Plaintiffs, PROTECTIVE ORDER GOVERNING vs. CONFIDENTIAL INFORMATION 3M Company, Defendant. Pursuant to the Court's Order dated December 19, 2005 concerning the above? entitied matter, the Court hereby makes the following: To facilitate the expeditious production of documents and materials in this matter and the conduct of deposition discovery, the following materials shall be treated as Con?dential information subject to this Protective Order: a. All documents or other material produced or made availabie for inspection and copying by any party. Such documents or materials shall be marked with a legend designating the document as ?Con?dential Information: Subject to Protective Order in Palmer v. 3M, No. 02-04-6309"; b. All documents or other material produced by any other person or entity that bear a legend designating the document andlor material as ?Confidential Information: Subject to Protective Order in Palmer v. 3M, No. (3204-6309"; c. All deposition testimony by a party or by a current or former director, of?cer, agent or employee of a party, or any expert witness testifying in the case, or any witness to whom Con?dential information under subparagraph is disclosed; and d- Any summary, compilation, notes, copy, electronic image or database, or documents or materiais, produced from. containing, or re?ecting Con?dential information under subparagraphs or Con?dential Information shall not be disclosed to anyone other than a party (including current of?cers, directors, employees, or agents of a party), an attorney of record for a party, a formally designated expert witness, an independent consultant or third-party litigation support vendor engaged in connection with Palmer 3M, Civil File No. 02?04?5309. Before Con?dential Information is disclosed to any expert witness, independent consultant, or third- party litigation support vendor, each person to whom the Con?dential information is disclosed shall read a copy of this Protective Order and shall agree in writing to be bound by its terms by signing a copy of the Non-Disclosure Agreement annexed hereto as Exhibit A. Counsel for the party obtaining a person?s signature on the NDA shail retain the original signed NBA, and if the Court so orders, shall provide a copy of the signed NDA to all counsel of record. Any Con?dential information shall be used only for the litigation between the parties in Palmer v. 3M, Civil Fiie No. 02-04-6309, shall not be used for any business, ?nancial, or other purpose whatsoever, and may not be electronically stored, distributed, disseminated, transmitted, or maintained in any location accessible to any person or entity other than the parties and attorneys of record for Plaintiffs and Defendant. Any Con?dential Information may be used by any party at any hearing or trial of this action subject to the rules of evidence and the requirements of this Order, or such other Order as the Court may enter. Prior to introducing any Con?dential Information into evidence or otherwise disclosing at trial, or in motions, briefs, pleadings or other papers ?led with the Court, the parties shall agree on a procedure to maintain con?dentiality and such procedure shall be submitted to . the Special Discovery Master for approval. _'lf subsequent to being furnished any Con?dential Information, a party (?the challenging party?) wishes, based on a good-faith beiief that the material or testimony is not entitled to protection under Minnesota Rules of Civil Procedure 26-03, to challenge whether the material or testimony shouid in fact be treated as Con?dential Information under this Protective Order, the chailenging party shall give written notice to all other parties in this case, identifying on a document-by- document basis for written materials and by page and line number for testimony, the speci?c material or testimony that the challenging party contends is not property designated as con?dential. Thereafter, the parties shalt promptiy meet and confer in an effort to resolve any disagreement with respect to the con?dentiality of each such document or any such testimony. If the parties cannot resolve the dispute, the producing party or any other party with an interest in maintaining the confidentiality of the challenged material must then ?le a motion for protective order with the Special Discovery Master within 15 days of the parties? meeting to preserve the Con?dential Information status of such materials or testimony. All materials and testimony subject to these procedures will continue to be treated as Con?dential Information until any such motion is ?nally resolved, including any appeal. For purposes of resolving any dispute regarding the con?dentiality of any information. pursuant to the procedures set forth in the preceding paragraph, the parties and the Special I3iscovery Master shall apply applicable principles of Minnesota law and, where applicable, federal law. The party interested in maintaining the con?dentiality of the challenged-material shalt always bear the burden of demonstrating good cause for protection pursuant to Rule 26.03 of Minnesota Rules of Civil Procedure. I If any government entity or agency or third party requests Con?dential information through subpoena or otherwise directed to a party other than the party originally producing the materials in this action. the party receiving the request shall immediately notify the producing party of the request. The producing party shall have standing to object to the request, and the receiving party shall not challenge this standing. If the party receiving the request must produce information or material designated as Con?dential Information to the government, the party must follow that entity?s or agency?s rules for maintaining the con?dentiality of such material. If the party receiving the request must produce information or material designated as Con?dential Information to a third party. the party will take appropriate steps to maintain the con?dentiality of such information or material. Third parties that produce documents in this litigation may obtain protection under this Order by agreeing to the terms of this Order and executing Exhibit A to this Order. Notwithstanding the good faith efforts of a party responding to any request for discovery in this matter to make a reasonable and diligent effort to assert any claims of attomey-client- privilege. work?product protection or other recognized privilege when responding to any request for discovery. inadvertent disclosure of such information may occur. if an alleged inadvertent disclosure of privileged . information or work-product has occurred, the parties shail employ the procedures set out in paragraph 5 of this Order. The party claiming inadvertent disclosure shall give written notice to all other parties in this case. identifying on a . document-by-document basis for written materiais and by page and line number for testimony. the speci?c material or testimony that the party contends is priviteged or protected. Thereafter, the parties shall meet and center in an effort to resolve any disagreement with respect to this issue. If the parties cannot resolve the dispute, the party claiming inadvertent disclosure of privileged information or work-product shall then bring a motion before the Speciai Discovery'?aster within 15 days of the parties? meeting. Such motion shall be evaluated and resolved under the appticable principles of Minnesota law and. where applicabie, federal law. 10. Nothing in this Order shall restrict a producing party's ability to control, manage, or disseminate its own documents or information. even if such material is Con?dentiai Information. A party's management or dissemination of its own material shall not affect the material?s status as Con?dential Information. 11. The parties will follow this Protective Order, and the protections it affords, in producing documents or other material, or making documents or other material available for inspection and selection, in this action. This Protective Order, and the protections it affords, will facilitate discovery in this action. 12. At the conclusion of this litigation all Confidential Information and all copies of such materials shall be returned to the producing party through its attorneys of record. Counsel for any party or third-party receiving Confidential Information shall make written certi?cation of compliance with this provision and shall deiiver the same to counsel for each designating party within 120 days after the conclusion of this action, including any appeals. 13. The Washington County Court Administrator shall serve a true and correct copy of this Order and Memorandum by US. Mai! upon counsel for the above?named parties and any pro se parties. BY THE COURT: MM Flo?norabi ry E. Harmon Judge of Istrict Court Tenth Judiciai District Signed at Chambers Stillwater, Minnesota This (21 :dayof 2005 Exhibit NON-DISCLOSURE AGREEMEN l. . do solemnly swear that I have read and am fully familiar with the terms of the Protective Order entered in Paimer v. 3M, Civil File No. 02-04-6309, in the District Court of Washington County, Tenth Judicial District, Minnesota. i agree to comply with and be bound by the terms and conditions of that Order unless and until modi?ed _by further order of the Washington County District Court. i consent to the jurisdiction of the Washington County District Court for purposes of enforcing that Order. declare under penalty of perjury under the laws of the State of Minnesota that the foregoing is true and correct. Executed this day of 200__, at Minnesota. Signed: Name (printed): Employer: Business Address: