1 2 3 4 5 8 || KEENEN R. AGEE, 9 3:24-cv-00306-MMD-CSD Plaintiff, 10 v. STIPULATED PROTECTIVE ORDER 11 || RENO POLICE DEPARTMENT, ef ai, 12 Defendants. 13 14 In order to protect the confidentiality of confidential information obtained by the parties i 15 connection with this case, the parties hereby agree as follows: 1. Any party or non-party may designate as "confidential" (by stamping the relevant page or other otherwise set forth herein) any document or response to discovery which that par
19 or non-party considers in good faith to contain information involving trade secrets, o1 20 confidential business or financial information, subject to protection under the Federal Rule 21 of Civil Procedure or Nevada law ("Confidential Information"). Where a document ot 22 response consists of more than one page, the first page and each page on which confidential 23 information appears shall be so designated. 24 2. A party or non-party may designate information disclosed during a deposition or ir response to written discovery as "confidential" by so indicating in said response or o
97 the record at the deposition and requesting the preparation of a separate transcript of sucl
1 material. Additionally a party or non-party may designate in writing, within twenty (20 2 days after receipt of said responses or of the deposition transcript for which th 3 designation is proposed, that specific pages of the transcript and/or specific responses b treated as "confidential" information. Any other party may object to such proposal, i1 writing or on the record. Upon such objection, the parties shall follow the procedure 8 described in paragraph 8 below. After any designation made according to the procedur set forth in this paragraph, the designated documents or information shall be treate
9 according to the designation until the matter is resolved according to the procedure 10 described in paragraph 8 below, and counsel for all parties shall be responsible for makin 11 all previously unmarked copies of the designated material in their possession or contro] 12 with the specified designation. 13 3. Allinformation produced or exchanged in the course of this case (other than informatio that is publicly available) shall be used by the party or parties to whom the information i
16 produced solely for the purpose of this case.
17 4. Except with the prior written consent of other parties, or upon prior order of this Cour 18 obtained upon notice to opposing counsel, Confidential Information shall not be disclosed 19 to any person other than: 20 (a) counsel for the respective parties to this litigation, including in-house counsel and co 2" counsel retained for this litigation; 22 (b) employees of such counsel; 20 (c) individual defendants, class representatives, any officer or employee of a party, to th 25 extent deemed necessary by Counsel for the prosecution or defense of this litigation; 26 (d) consultants or expert witnesses retained for the prosecution or defense of this litigation,
1 provided that each such person shall execute a copy of the Certification annexed to thi 2 Order as Exhibit "A" (which shall be retained by counsel to the party so disclosing th 3 Confidential Information and made available for inspection by opposing counsel durin 4 the pendency or after the termination of the action only upon good cause shown and upo order of the Court) before being shown or given any Confidential Information and 8 provided that if the party chooses a consultant or expert employed by [TH CORPORATE DEFENDANT] or one of its competitors (as listed on Appendix A), th
9 party shall notify the opposing party, or designating nonparty, before disclosing any 10 Confidential Information to that individual and shall give the opposing party a opportunity to move for a protective order preventing or limiting such disclosure; 12 (e) any authors or recipients of the Confidential Information; (f) the Court, Court personnel, and court reporters; and . (g) witnesses (other than persons described in paragraph 4(e)). A witness shall sign th
46 Certification before being shown a confidential document. Confidential Information ma
17 be disclosed to a witness who will not sign the Certification only in a deposition at whic 18 the party who designated the Confidential Information is represented or has been give 19 notice that Confidential Information shall be designated "Confidential" pursuant t 20 paragraph 2 above. Witnesses shown Confidential Information shall not be allowed to retair 21 copies. 22 5. Any persons receiving Confidential Information shall not reveal or discuss such informatior
to or with any person who is not entitled to receive such information, except as set forth herein. 25 6. Unless otherwise permitted by statute, rule or prior court order, papers filed with the cour 26 under seal shall be accompanied by a contemporaneous motion for leave to file thos 27
1 documents under seal, and shall be filed consistent with the court’s electronic filing procedure 2 in accordance with Local Rule IA 10-5. Notwithstanding any agreement among the parties. 3 the party seeking to file a paper under seal bears the burden of overcoming the presumptior 4 in favor of public access to papers filed in court. Kamakana v. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006); Pintos v. Pac. Creditors Ass'n, 605 F.3d 665, 677-78 (9t 6 Cir, 2019),
3 7. A party may designate as "Confidential" documents or discovery materials produced 9 by a non-party by providing written notice to all parties of the relevant document 40 numbers or other identification within thirty (30) days after receiving such document 11 or discovery materials. Any party or non-party may voluntarily disclose to other 12 without restriction any information designated by that party or non-party a 3 confidential, although a document may lose its confidential status if it is made public. 8. Ifa party contends that any material is not entitled to confidential treatment, such part
16 may at any time give written notice to the party or non-party who designated th
17 material. The party or non-party who designated the material shall have seven (7) day 18 from the receipt of such written notice to apply to the Court for an order designating th 19 material as confidential. The party or non-party seeking the order has the burden of 20 establishing that the document is entitled to protection. 21 9. Notwithstanding any challenge to the designation of material as Confidential Information, all documents shall be treated as such and shall be subject to the provisions hereof unles
and until one of the following occurs: 25 (a) the party or non-party claims that the material is Confidential Information withdraws suc 26 designation in writing; or at
4 (b) the party or non-party who claims that the material is Confidential Information fails t 2 apply to the Court for an order designating the material confidential within the time period 3 specified above after receipt of a written challenge to such designation; or + (c) the Court rules the material is not confidential. 10. All provisions of this Order restricting the communication or use of Confidential 6 Information shall continue to be binding after the conclusion of this action, unles t 5 otherwise agreed or ordered. Upon conclusion of the litigation, a party in the possession of
9 Confidential Information, other than that which is contained in pleadings, correspondence, 10 and deposition transcripts, shall either (a) return such documents no later than thirty (30 11 days after conclusion of this action to counsel for the party or non-party who provided 12 such information, or (b) destroy such documents within the time period upon consent of 13 . . .
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1 2 3 4 5 8 || KEENEN R. AGEE, 9 3:24-cv-00306-MMD-CSD Plaintiff, 10 v. STIPULATED PROTECTIVE ORDER 11 || RENO POLICE DEPARTMENT, ef ai, 12 Defendants. 13 14 In order to protect the confidentiality of confidential information obtained by the parties i 15 connection with this case, the parties hereby agree as follows: 1. Any party or non-party may designate as "confidential" (by stamping the relevant page or other otherwise set forth herein) any document or response to discovery which that par
19 or non-party considers in good faith to contain information involving trade secrets, o1 20 confidential business or financial information, subject to protection under the Federal Rule 21 of Civil Procedure or Nevada law ("Confidential Information"). Where a document ot 22 response consists of more than one page, the first page and each page on which confidential 23 information appears shall be so designated. 24 2. A party or non-party may designate information disclosed during a deposition or ir response to written discovery as "confidential" by so indicating in said response or o
97 the record at the deposition and requesting the preparation of a separate transcript of sucl
1 material. Additionally a party or non-party may designate in writing, within twenty (20 2 days after receipt of said responses or of the deposition transcript for which th 3 designation is proposed, that specific pages of the transcript and/or specific responses b treated as "confidential" information. Any other party may object to such proposal, i1 writing or on the record. Upon such objection, the parties shall follow the procedure 8 described in paragraph 8 below. After any designation made according to the procedur set forth in this paragraph, the designated documents or information shall be treate
9 according to the designation until the matter is resolved according to the procedure 10 described in paragraph 8 below, and counsel for all parties shall be responsible for makin 11 all previously unmarked copies of the designated material in their possession or contro] 12 with the specified designation. 13 3. Allinformation produced or exchanged in the course of this case (other than informatio that is publicly available) shall be used by the party or parties to whom the information i
16 produced solely for the purpose of this case.
17 4. Except with the prior written consent of other parties, or upon prior order of this Cour 18 obtained upon notice to opposing counsel, Confidential Information shall not be disclosed 19 to any person other than: 20 (a) counsel for the respective parties to this litigation, including in-house counsel and co 2" counsel retained for this litigation; 22 (b) employees of such counsel; 20 (c) individual defendants, class representatives, any officer or employee of a party, to th 25 extent deemed necessary by Counsel for the prosecution or defense of this litigation; 26 (d) consultants or expert witnesses retained for the prosecution or defense of this litigation,
1 provided that each such person shall execute a copy of the Certification annexed to thi 2 Order as Exhibit "A" (which shall be retained by counsel to the party so disclosing th 3 Confidential Information and made available for inspection by opposing counsel durin 4 the pendency or after the termination of the action only upon good cause shown and upo order of the Court) before being shown or given any Confidential Information and 8 provided that if the party chooses a consultant or expert employed by [TH CORPORATE DEFENDANT] or one of its competitors (as listed on Appendix A), th
9 party shall notify the opposing party, or designating nonparty, before disclosing any 10 Confidential Information to that individual and shall give the opposing party a opportunity to move for a protective order preventing or limiting such disclosure; 12 (e) any authors or recipients of the Confidential Information; (f) the Court, Court personnel, and court reporters; and . (g) witnesses (other than persons described in paragraph 4(e)). A witness shall sign th
46 Certification before being shown a confidential document. Confidential Information ma
17 be disclosed to a witness who will not sign the Certification only in a deposition at whic 18 the party who designated the Confidential Information is represented or has been give 19 notice that Confidential Information shall be designated "Confidential" pursuant t 20 paragraph 2 above. Witnesses shown Confidential Information shall not be allowed to retair 21 copies. 22 5. Any persons receiving Confidential Information shall not reveal or discuss such informatior
to or with any person who is not entitled to receive such information, except as set forth herein. 25 6. Unless otherwise permitted by statute, rule or prior court order, papers filed with the cour 26 under seal shall be accompanied by a contemporaneous motion for leave to file thos 27
1 documents under seal, and shall be filed consistent with the court’s electronic filing procedure 2 in accordance with Local Rule IA 10-5. Notwithstanding any agreement among the parties. 3 the party seeking to file a paper under seal bears the burden of overcoming the presumptior 4 in favor of public access to papers filed in court. Kamakana v. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006); Pintos v. Pac. Creditors Ass'n, 605 F.3d 665, 677-78 (9t 6 Cir, 2019),
3 7. A party may designate as "Confidential" documents or discovery materials produced 9 by a non-party by providing written notice to all parties of the relevant document 40 numbers or other identification within thirty (30) days after receiving such document 11 or discovery materials. Any party or non-party may voluntarily disclose to other 12 without restriction any information designated by that party or non-party a 3 confidential, although a document may lose its confidential status if it is made public. 8. Ifa party contends that any material is not entitled to confidential treatment, such part
16 may at any time give written notice to the party or non-party who designated th
17 material. The party or non-party who designated the material shall have seven (7) day 18 from the receipt of such written notice to apply to the Court for an order designating th 19 material as confidential. The party or non-party seeking the order has the burden of 20 establishing that the document is entitled to protection. 21 9. Notwithstanding any challenge to the designation of material as Confidential Information, all documents shall be treated as such and shall be subject to the provisions hereof unles
and until one of the following occurs: 25 (a) the party or non-party claims that the material is Confidential Information withdraws suc 26 designation in writing; or at
4 (b) the party or non-party who claims that the material is Confidential Information fails t 2 apply to the Court for an order designating the material confidential within the time period 3 specified above after receipt of a written challenge to such designation; or + (c) the Court rules the material is not confidential. 10. All provisions of this Order restricting the communication or use of Confidential 6 Information shall continue to be binding after the conclusion of this action, unles t 5 otherwise agreed or ordered. Upon conclusion of the litigation, a party in the possession of
9 Confidential Information, other than that which is contained in pleadings, correspondence, 10 and deposition transcripts, shall either (a) return such documents no later than thirty (30 11 days after conclusion of this action to counsel for the party or non-party who provided 12 such information, or (b) destroy such documents within the time period upon consent of 13 . . . po: ws □□□ as the party who provided the information and certify in writing within thirty (30) days tha 14 the documents have been destroyed. 15 16 11. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use o 17 documents at trial. 18 12. Nothing herein shall be deemed to waive any applicable privilege or work produc 19 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure o 20 material protected by privilege or work product protection. 21 = HI 23
24 If] 25 26 27
4 13. Any witness or other person, firm or entity from which discovery is sought may b 2 informed of and may obtain the protection of this Order by written advice to the parties’ 3 respective counsel or by oral advice at the time of any deposition or similar proceeding. 4 - Ve 2 5 oy S ERED KEENAN R. a
a Il paren: y /8 2g Peter K. Kg By ‘
9 ( 40 || CERTIFICATION 11 I hereby certify my understanding that Confidential Information is being provided to m 12 pursuant to the terms and restrictions of the Protective Order dated ; in , Civil No. 14 15 I have been given a copy of that Order and read it. I agree to be bound by the Order. I will
16 not reveal the Confidential Information to anyone, except as allowed by the Order. I wil
17 maintain all such Confidential Information - including copies, notes, or other transcription 18 made therefrom - in a secure manner to prevent unauthorized access to it. No later tha 19 thirty (30) days after the conclusion of this action, I will return the Confidentia 20 Information- including copies, notes or other transcriptions made therefrom - to the counsel al who provided me with the Confidential Information. I hereby consent to the jurisdictio of the United States District Court for the purpose of enforcing the Protective Order.
24 DATED: 25 26 27