DAVID S. DOTY, District Judge.
This matter is before the court upon the motion for order to show cause why plaintiff should not be found in contempt for violating the protective order in this now-closed case and to compel the immediate return of confidential documents by defendant Mayo Clinic Health System — Albert Lea (MCHSAL). Also before the court are the motions to dismiss and for change of venue by plaintiff Alaa Elkharwily.
The closed employment dispute underlying the instant motions arose out of the termination of plaintiff Alaa Elkharwily by MCHSAL. On February 5, 2015, the court granted summary judgment to MCHSAL and dismissed the matter with prejudice. The Eighth Circuit Court of Appeals affirmed the decision and later denied Elkharwily's petition for rehearing. The Supreme Court denied his petition for certiorari on November 14, 2016, and denied his petition for rehearing on January 9, 2017. On March 3, 3017, MCHSAL brought the instant motion to show cause after learning that Elkharwily has been contacting MCHSAL patients, patients' families, and MCHSAL employees and disclosing information from confidential documents produced by MCHSAL in the litigation. MCHSAL argues that Elkharwily's conduct violates the underlying protective order, which remains viable post-judgment.
In response to the motion, Elkharwily, now pro se, filed a motion to dismiss MCHSAL's motion, arguing that MCHSAL did not attempt to meet and confer with him as required and that he is entitled to discovery. Elkharwily also filed a baseless motion for change of venue to federal court in Washington, arguing that the case cannot be handled fairly in this district because one of MCHSAL's former attorneys is now a United States Magistrate Judge for the District of Minnesota.
The court disagrees with Elkharwily's position. First, paragraph 3 of the protective order prohibits the parties from using confidential documents or information contained therein for purposes outside the scope of the litigation.
Second, paragraph 11 of the protective order requires counsel for the parties (Elkharwily now included) to, within "60 days of the termination of this action, including any appeals, . . . destroy or return to the opposing party all documents designated by the opposing party as `Confidential', and all copies of such documents, and shall destroy all extracts and/or data taken from such documents."
As a result, based on the file, record, proceedings herein, and the arguments of the parties, the court is satisfied that Elkharwily has violated the terms of the protective order and that his defenses and motions lack merit.
Accordingly,
1. The motion for order to show cause [ECF No. 285] is granted;
2. Elkharwily is in civil contempt of court for his violations of the protective order issued in this matter;
3. Within three days of the date of this order, Elkharwily shall (a) return all documents in his possession, custody or control, including those documents that remain in the possession of his former attorney, Rick Wylie, obtained from MCHSAL that contain confidential medical records and patient information; (b) destroy all electronic copies of such documents and all extracts and/or data taken from such documents; and (c) certify in writing that he has returned and destroyed all such documents;
4. Elkharwily is ordered to refrain from using MCHSAL's confidential records or the information contained therein for any purpose;
5. Elkharwily is ordered to pay MCHSAL's reasonable attorney's fees and costs associated with bringing the motion for order to show cause;
6. Counsel for MCHSAL is ordered to submit a request for attorney's fees and costs to this court for its review by April 28, 2017, after which a further order will issue;
7. The motion to dismiss [ECF No. 301] is denied; and
8. The motion to change venue [ECF No. 309] is denied.