United States District Court, D. North Dakota
Charles S. Miller, Jr., Magistrate Judge
the court is a “Stipulation for Protective Order
Regarding Non-Party Student Education Records and
Information” filed by the parties on March 14, 2017.
The court ADOPTS the parties'
stipulation (Docket No. 25) and ORDERS:
Confidential student records, and the information contained
therein, may be given, shown, disclosed, made available, or
communicated only to:
(a) Attorneys for the parties who have executed this
Protective Order or are working with such attorneys in their
respective firms on this matter, and the paralegal,
administrative, clerical and secretarial personnel assisting
such attorneys for whom access to such material is necessary
to perform their duties with respect to this case, provided
that execution of this Protective Order by any member of a
law firm representing a party shall constitute a
representation that all persons in or employed by that firm
shall observe this Protective Order;
(b) The parties, to whom the confidentiality provisions of
this Protective Order also apply. The parties may testify,
consistent with the rules of evidence, concerning the
documents and information disclosed in the documents, and
concerning events and circumstances concerning and
surrounding those student-athletes and their records, as long
as such testimony is reasonably related to the subject matter
involved in this lawsuit;
(c) Deposition witnesses and court reporters in the course of
such depositions, provided that as to the court reporters and
the witnesses - if the witness is not a party to this
litigation - such disclosure can only be made after execution
of the attached Acknowledgment and according to the terms of
this Protective Order.
(d) Experts and consultants qualified for access as follows:
Before allowing an expert or consultant to gain access to the
confidential student records or information contained the
disclosing counsel shall first require the expert or
consultant to execute the Acknowledgment form attached hereto
and provide him or her with a copy of this Protective Order.
In the event the expert is to be utilized as an expert at
trial or deposition, a copy of the signed undertaking shall
be provided to opposing counsel, and otherwise any such
executed form shall be provided to opposing counsel upon
(e) The Court, in accordance with the terms of this
Protective Order, and if the Court finds any such document or
the information contained therein admissible at trial and so
orders, the jury.
these student records shall be maintained securely at the
offices of the attorney for the respective parties, in such a
way as to allow access to those records only to those persons
set forth above.
party intends to disclose a confidential student record or
the information contained therein or reasonably related
thereto in any public filing in any way that would reveal the
individual's name, address, e-mail address, telephone
number or other personally identifiable information
concerning that individual, the party must seek permission
from the Court.
event there is any inadvertent or unintended disclosure
pursuant to discovery in this lawsuit of confidential student
records or information contained therein or related thereto,
it shall not be deemed a waiver in whole or in part of a
subsequent claim of protected treatment under this Protective
Order, either as to the specific information and/or documents
disclosed or as to any other information and/or documents.
Notice of the inadvertent disclosure shall be made to the
opposing counsel in a timely fashion upon learning of the
termination of this litigation, the originals and all copies
of confidential student records, as well as any other
materials containing such information, shall be turned over
without demand to the party or non-party who produced such
material, through its counsel, including any copies provided
to any third parties.
in this Protective Order or the fact that a party has
consented to entry of the Protective Order constitutes an
agreement to provide any confidential student record or
information, or constitutes a determination as to the
propriety or enforceability of any subpoena or discovery
requests, constitutes a waiver of any objection to any
subpoena or discovery request, or constitutes a determination
as to the discoverability or admissibility of any document or
OF READING AND AGREEMENT TO BE BOUND ...