Culver v. Summit BHC Sacramento, LLC dba Valley Recovery Center of NV

Opinion

WILLIAM J. GEDDES 1 Nevada Bar No. 6984 KRISTEN R. GEDDES 2 Nevada Bar No. 9027 THE GEDDES LAW FIRM, P.C. 3 1575 Delucchi Lane, Suite 206 Reno, Nevada 89502 Phone: (775) 853-9455 Fax: (775) 299-5337 5 Email: Will@TheGeddesLawFirm.com Email: Kristen@TheGeddesLawFirm.com 6 Attorneys for Plaintiff Joe Culver 9 JOE CULVER, an individual, CASE NO: 3:20-cv-140-MMD-WGC 10 Plaintiff, vs. suMMIT BHC SACRAMENTO, LLC d/b/a 13 VALLEY RECOVERY CENTER OF NV, a STIPULATED PROTECTIVE ORDER foreign limited liability company; DOE Regarding 14 BUSINESS ENTITIES 1-10. CONFIDENTIALITY OF DOCUMENTS 15 Defendant. PRODUCED IN LITIGATION

17 Pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 26(f) and U.S. District Court 18] Nevada Rule (“Local Rule”) 26-1(e), the parties through their respective counsel, hereby submit t 19 following Stipulated Protective Order. RECITALS 21 WHEREAS: the parties to the above-captioned litigation anticipate that discovery will requ: the parties to disclose records and information that are confidential and sensitive, including becau such records are anticipated to include the parties’ private employment records, private medical recor or records containing trade secret information; and 25 WHEREAS: the parties seek to protect and prevent the improper dissemination of su confidential and private records and information to third parties, during the course of litigation and aft the litigation has ended; STIPLUATION

1 THEREFORE: the parties, by and through their respective counsel of record, hereby stipula 2 and request the Court issue an Order (“‘Stipulated Protective Order’), protecting the confidential natu 3 of certain records and information as may be produced during the course of the above-caption matters, as follows: 5 1. If any person or entity, whether or not a party to the instant action, produces or receiv 6 answers to interrogatories, or documents or other things, which the producing or receiving person entity considers to be “Confidential Information,” as defined in § II(3)(A)(1) infra; or 8 2. If there is deposition testimony which any person or entity, whether or not a party to t 9] instant action, believes contains “Confidential Information,” as defined in § II(3)(A)() infra; or 10 3. Third parties produce information which the third-parties assert is confidential, t 11 following procedure shall govern pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 26 ( 12] et. seq.: 13 A. Any documents (and the contents thereof), things or information falling with 14]| the definition of “Confidential Information,” set forth in § II(3)(A)(D infra, that are produced may | 3 15|| designated and marked, in whole or in part, without regard to whether redactions are mac 16 “Confidential” by the party producing the documents or information, at the time the documents a 17] delivered to or made available for inspection by any party; 18 I. “Confidential Information” is defined herein as: (a) employment recor of any employees or former employees of any party; (b) confidential notes, memoranda, and statemer 20 regarding non-party employees; (c) confidential information concerning the discipline and/ termination of non-party employees and former employees; (d) the production of information documents proprietary to any party, including by way of example and not limitation, tax □□□□□ 23 financial statements; (e) other private information of any party or non-party to the present litigatic including consumer records, e.g., phone bills; (f) financial records and business records of any pers 25] or entity, whether a party or non-party to the present litigation; and (g) medical records, includi 26] medical bills and psychological records, and medical information of any person, whether a party non-party to the present litigation. 28 B. If a party produces to another party items that contain Confidential Informati

as defined above, that party may designate one or more documents, or a portion of a document, 2 || “Confidential” before producing that document to the other party. Such designation shall be made | 3] marking, stamping or typing the word “Confidential” on each page of the document at the time it produced to the receiving party’s counsel; 5 C. Any party may designate deposition testimony as “Confidential” by oral 6 making such a designation on the record either at the commencement of the deposition, at the time t testimony is given, and/or before the end of that day's questioning. Following such a designation, t court reporter shall mark “Confidential” on the transcript or the portion thereof containing t 9 “Confidential” testimony; 10 D. In addition, documents or items produced by one party may be designat 11 “Confidential” by the other party, i.e., the receiving party, by: 12 I. marking the document, in whole or in part, “Confidential” in the san 13 imanner as stated above; and 14 Il. then forwarding a copy of the marked document back to the produci 3 15 |party; 16 E. In this regard, the receiving party seeking the “Confidential” designation □□ 17] designate, by number, each document it believes should be “Confidential”; 18 F. If the receiving party has no objection to the “Confidential” designation made | the producing party, the receiving party may either expressly notify the producing party or allow the t calendar-day objection period (set forth below) to lapse. Where there has been no written objecti made, once a document or item has been produced and designated as provided herein to the receivi 22 party, the document or item shall be treated as “Confidential,” respectively, pursuant to this Stipulat 23 Protective Order, until further order of the Court; 24 4. The following protocol shall apply in the event of an objection to a designation 25 “Confidential”: 26 A. If there is an objection to the “Confidential” designation, the party so objecti must notify the other party in writing of both the objection and the grounds for the objection within t 28 calendar days from the date the designation was made or the document(s)/item(s) received, whichev

1 is later, and the procedure in § II(4)(B) infra, shall apply; 2 B. If the parties do not agree that the documents, information or testimony shou 3 be treated as confidential, the parties shall attempt to resolve the issue by meeting and conferring. If 4 resolution does not occur, either party may file a motion with the Court to resolve the dispute. Su 5 motion must be filed within 30 calendar days of receipt of the written objection to the designatio 6 unless stipulated otherwise by counsel. If an objection has been raised, the documents, testimor 7\| and/or information at issue shall be governed by § II (3)(A)-(F), inclusive, of this Stipulated Protecti 8 Order, and treated and regarded as “Confidential” from the date of disclosure and/or production un 9 the dispute is resolved informally by the parties or a final order is issued by the Court resolving t 10] dispute. In the event of such motion, the parties having entered into this Stipulation and the existen 11] of the Court's Order entered thereon shall not affect the burden of proof on any such motion, n 12] impose any burdens upon any party that would not exist had this Stipulated Protective Order not be 13 entered; 14 5. A document or testimony, or portion, summary, or abstract thereof, that is to be treat 3 “Confidential” pursuant to this Stipulated Protective Order shall not be disclosed to any persons oth than the parties, counsel of record for the parties, attorneys, legal assistants and clerical personn 17 employed by them, and other persons to whom disclosure is necessary for the purposes of th 18] litigation. (This allows disclosure to the officers, directors, employees or former employees of t parties, persons requested by counsel for any party to furnish technical or expert service or to gi expert testimony with regard to the subject matter of the document(s), item(s) or expert testimony f the trial of this action). However, each such person to whom a party makes such disclosure shall re this Stipulated Protective Order and acknowledge in writing that he/she is fully familiar with the terr 23 || hereof and agrees to comply with, and be bound by, this Stipulated Protective Order until modified | either further order of the Court or agreement of all the affected parties; 25 6. Anyone seeking to file any “Confidential” documents, testimony, or information or ai pleadings or memorandum purporting to reproduce or paraphrase all or any portion of such □□□□□□□□□ material with this Court must first attempt to make such filings confidentially, by seeking to obta 28 prior leave of Court for filing the same under seal. Notwithstanding any agreement among the partic

] || the party seeking to file a paper under seal bears the burden of overcoming the presumption in favor 2 public access to papers filed in Court. NOTE: If the document is filed electronically, the approprie 3] protocol for that purpose will be utilized; 4 7. If such application for leave of Court to file any document(s) under seal is denied, th 5 the party who sought leave will be relieved, in that instance only, and only as to such documents f 6 which leave of Court was denied, from complying with this stipulation in relation to that filing; 7 8. Any documents, testimony, and/or information that has been rendered “Confidentie 8 under the parties’ Stipulated Protective Order is to be used only in the above-captioned action, and m not be used in any other action or for any other purpose unless the party seeking to make such use h 10] acquired the documents, testimony, and/or information from a source independent of the abov 11 captioned action; 12 9. Within 45 calendar days of the entry of the final order concluding this judici 13] proceeding, all “Confidential” documents or things; any copies, summaries, and abstracts thereof; 14] notes relating thereto, shall be returned to the producing party or destroyed by the receiving pat 3 15]| (including by being shredded), at the option of the receiving party, with proof or attestation of su 16] destruction of records being transmitted by the receiving party to the producing party, except otherwise ordered by the Court or stipulated in writing by the parties. Counsel of record shall obta 18] return of such information, things, and/or documents from any person to whom that counsel has ma available the documents or information produced by the other party designated as “Confidentia Notwithstanding any other language contained in this Order, each party’s counsel of record shall | allowed to retain for its files a copy of all pleadings, motions, exhibits, or other papers filed and/ lodged with the Court, and of all documents designated by both parties or any non-party 23 “Confidential” and/or summaries or abstracts thereof (including but not limited to documents of a: type prepared by a party and/or counsel that are subject to the attorney-client privilege and/or t attorney work-product doctrine). All such documents and information retained by counsel of reco must be maintained in a confidential manner and used only in accordance with this Order. 27 10. This Stipulated Protective Order may be amended, without prior leave of the Court, | 28 the agreement of counsel for the parties in the form of a stipulation and order that shall be filed in tl

case. Nothing herein shall be construed so as to prevent any party from seeking relief from this Ord 2 at any time; and 3 11. The parties reserve their rights to assert the confidentiality of documents ai information produced irrespective of their production pursuant to this Stipulated Protective Order. 5 6 Dated: May 28, 2020 THE GEDDES LAW FIRM, P.C. 7 8 William J. Geddes, Esq. Nevada Bar No. 6984 9 Kristen R. Geddes Nevada Bar No. 9027 10 1575 Delucchi Lane, Suite 206 Reno, Nevada 89502 11 Phone: (775) 853-9455 Fax: (775) 299-5337 12 Email: Kristen@thegeddeslawfirm.com Attorneys for Plaintiff Robert Thurman- 13 Silva

15 = 16 Dated: May 28, 2020 LIPSON NEILSON, P.C. 7 Electronic Signature Authorized /s/ 18 Joseph P. Garin, Esq. 19 Nevada Bar No. 6653 Jessica A. Green, Esq. 20 Nevada Bar No. 12383 9900 Covington Cross Drive, Suite 120 21 Las Vegas, NV 89144 Email: jgarin@lipsonneilson.com 22 Email: jgreen@lipsonneilson.com Attorneys for Defendant Summit BHC Sacrament 23 LLC dba Valley Recovery Center of NV 24 25 26 27 28

ORDER Paragraph 6 is modified to reflect that any motion regarding filing confidential information anc 3 motions to seal shall comply with LR IA 10-5 and the requirements of Kamakana v. City and County « 4 Honolulu, 447 F.3d 1172 (9th Cir. 2006). See also, Center for Auto Safety v. Chrysler Group, LLC, 8( 5 F.3d 1092, 1097 (9th Cir. 2016). Ol rr IS SO ORDERED. 7 8 9 bit G. Cobh 10 UNITED STATES MAGISTRATE JUDGE DATED: May 29, 2020 11 12 13

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