ELECTRONICALLY FILED

2011 Apr 12 AM 11:19 CLERK OF DISTRICT COURT - STORY

IN THE IOWA DISTRICT COURT IN AND FOR STORY COUNTY _____________________________________________________________________ ) Law No. LACV045119 ) Law No. LACV046341 Plaintiff, ) ) vs. ) ) IOWA STATE BOARD OF REGENTS, ) STIPULATED PROTECTIVE IOWA STATE UNIVERSITY OF ) ORDER SCIENCE AND TECHNOLOGY, ) AND PAMELA REINIG, ) ) Defendants. ) _____________________________________________________________________
Plaintiff and Defendants jointly agree to the following protective order to limit the disclosure of certain information. The parties acknowledge that records of persons not party to this lawsuit will be disclosed during the course of discovery and any trial in this case. The parties are also aware of the sensitive and confidential nature of some of the records in this case. In order to limit the dissemination of such information, IT IS HEREBY ORDERED THAT: 1. This protective order governs the treatment of all documents, deposition

DENNIS L. SMITH,

transcripts, deposition exhibits, interrogatory answers, responses to requests for admission, and other written, recorded, computerized, electronic or graphic material, copies, excerpts, or summaries of documents produced or provided in discovery in this case and designated by a
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party as a confidential document pursuant to the terms of this Order (collectively, Confidential Discovery Material). Prior to designating any material as Confidential Discovery Material hereunder , the designating party must make a determination that good cause exists to designate the material as confidential. A party may only make such designations with respect to materials it produced and may not make such designations with respect to materials produced by another party or a nonparty. 2. All Confidential Discovery Material shall be used by the parties solely for the

purpose of preparation, trial, appeal, or settlement of this litigation and for no other purpose whatsoever and shall not be used by, or disclosed to, any person except Qualified Persons as defined below, except by order of this Court. The parties specifically agree that they shall not post or refer to the Confidential Discovery Materials on a website, blog or other social media site or provide the Confidential Discovery Materials to others for the purpose of doing so. The parties specifically agree not to post Confidential Discovery Materials received by another party in discovery, and not already in their possession to any blog. The plaintiff agrees not to provide any Confidential Discovery Materials produced by Iowa State University and not already in his possession, to Chad Brewbaker. 3. Qualified persons, as used herein, means:

a) Attorneys of record and employees of such attorneys whose access to the Confidential Discovery Material is necessary for purposes of trial, preparation, appeal, or settlement of this litigation; b) Independent third parties retained or used by attorneys of record in this litigation solely for the purposes of trial, preparation, appeal or settlement of this litigation;
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d) Named parties and employees, or former employees, of parties, who are working on this litigation and to whom it is necessary that the Confidential Discovery Material be shown for purposes of trial, preparation, appeal or settlement of this litigation; e) Court reporters employed for this litigation; f) Any other person who is designated as a Qualified Person by written agreement of the parties, or by Order of this Court. 4. In the event that any of the parties disagree with the designation of any

information as Confidential, or the designation of any person as a Qualified Person, the parties shall first try to resolve the dispute in good faith on an informal basis. If the dispute cannot be resolved, the objecting party may seek appropriate relief from the court. The parties may, by joint written stipulation, provide for exceptions to this Order. Any party, after notice to all parties, may seek an order of the court modifying this order. This order shall be without prejudice to any party to bring before the court at any time the question of whether any particular Confidential Discovery Material can be disclosed beyond the scope of this Protective Order. The party that designated the material as Confidential Discovery Material shall have the burden of proving by a preponderance of the evidence that there is good cause for continued protection under the terms of this Order. 5. Within 60 days of the conclusion of this litigation all Confidential Discovery

Material, including deposition transcripts, and all photocopies or other copies thereof, shall be returned to the party who disclosed, produced, or provided the same, except as this Court may otherwise order or as the parties may otherwise agree in writing.

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Nothing in this Order shall be deemed to preclude any party from seeking and

obtaining additional protection with respect to specific Confidential Discovery Material . 7. Nothing in this Order, and no action taken pursuant to this order, shall prejudice

the right of any party to contest the relevance, admissibility, or discoverability of documents subject to this order. 8. Nothing in this Order shall preclude any party from referring to or using

Confidential Discovery Material in connection with any filing with the Court or from using such materials at the time of trial, appeal or settlement. 9. This order is subject to further orders of this court.

DATED this _________ day of February, 2011.

__________________________________ JUDGE

State of Iowa Courts

Case Title: Case Number: Type:

DENNIS SMITH VS IA STATE BD OF REGENTS,ISU,PAMELA REINIG,ETA LACV046341 OTHER ORDER

So Ordered

Electronically signed by bellefso on 2011-04-12 11:19:03

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