We recently covered Defendant TiZA’s extremely broad view of a proposed protective order in the case. We now have the ACLU’s response (here). Of particular interest is the news that threats and intimidation have apparently caused a third-party witness whom the ACLU wished to depose to cancel the deposition. ”Stopping TIZA’s intimidation of potential witnesses is expected to be the subject of motion practice before Judge Graham soon,” counsel for the ACLU foreshadows.
It is now up to U.S. Judge Donovan Frank (D. Minn.) to hammer out the protective order, which is usually a formality (as evidenced by the court’s providing forms) but there’s substantial doubt that TiZA’s broad proposal will pass muster.