Hamby v. WNBA, LLC

Opinion

1 Gregory S. Gilbert Nevada Bar No. 6310 2 Erica C. Medley 3 Nevada Bar No. 13959 HOLLAND & HART LLP 4 9555 Hillwood Drive, 2nd Floor Las Vegas, NV 89134 5 Phone: 702.669.4600 gsgilbert@hollandhart.com 6 ecmedley@hollandhart.com 7 Maureen Witt 8 Admitted Pro Hac Vice HOLLAND & HART, LLP 9 555 17th Street, Suite 3200 Denver, Colorado 80201 10 Phone: 303.290.1629 11 mwitt@hollandhart.com

12 Laurene S. Rogers Admitted Pro Hac Vice 13 HOLLAND & HART, LLP 1800 Broadway, Suite 300 14 Boulder, CO 80302 15 Phone: 303.473.2700 lsrogers@hollandhart.com 16 Attorneys for Defendant 17 Las Vegas Basketball L.P. d/b/a Las Vegas Aces 18 UNITED STATES DISTRICT COURT 19 DISTRICT OF NEVADA 20 DEARICA HAMBY, an Individual, Case No.: 2:24-cv-01474-APG-DJA 21

22 Plaintiff, STIP ULATED CONFIDENTIALITY v. AGR EEMENT AND PROTECTIVE 23 ORD ER LAS VEGAS BASKETBALL L.P. d/b/a LAS 24 VEGAS ACES,

25 Defendants.

26 IT IS HEREBY STIPULATED, AGREED, AND UNDERSTOOD that Plaintiff, by and 27 through her undersigned counsel of record, and Defendant Las Vegas Basketball L.P. d/b/a Las 1 Vegas Aces (“Defendant”) (together, Plaintiff and Defendant are referred to herein as the 2 “Parties” and each individually, a “Party”), by and through their undersigned counsel of record, 3 submit this Confidentiality Agreement and Stipulation for Entry of a Qualified Protective Order 4 (“Stipulated Protective Order”). 5 During the course of this litigation, a Party may produce or disclose documents, 6 materials, and/or information (collectively, “Information”) which are or may be confidential, 7 proprietary, trade secret, competitively sensitive, and/or contain private, confidential, or personal 8 information, including without limitation personal health information as contemplated under the 9 Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Similarly, such 10 Information may be disclosed by written discovery, document production, deposition testimony 11 (to the extent taken), or in other filings with the Court. Accordingly, the Parties agree as follows: 12 1. SCOPE. This Stipulated Protective Order shall apply to all non-public 13 information and materials provided or produced by the Parties in the course of the above- 14 captioned litigation, whether written, oral, contained in documents or transcripts, or in any other 15 form, which has in good faith been designated “Confidential” in accordance with Paragraphs 2 16 and 3 below. All Information produced in this litigation and designated as “Confidential” as 17 provided below shall be used solely for the purpose of this litigation, and will not be used or 18 disclosed outside the context of this litigation. Any person receiving such Information 19 designated as Confidential shall restrict its disclosure to persons authorized to receive the 20 Information designated as “Confidential” pursuant to this Stipulated Protective Order. A 21 Confidential designation is applicable to all copies and reproductions of any Information. 22 Nothing herein shall be deemed to restrict the right of the producing Party to use its own 23 Information that it has designated as Confidential as it chooses. 24 This Stipulated Protective Order does not confer blanket protection on all disclosures or 25 responses to discovery. The protection it affords from public disclosure and use extends only to 26 the information or items that are entitled to confidential treatment under applicable legal 27 principles, and it does not presumptively entitle parties to file confidential information under 1 2. DEFINITION OF CONFIDENTIAL INFORMATION. A producing Party may 2 designate as “Confidential” such non-public documents, information, and materials produced by 3 it which the producing Party believes in good faith constitute, contain or reflect personal health 4 information; sensitive private information; financial information; personnel information; 5 proprietary, trade secret or commercially sensitive information; or other information that is not 6 generally known and/or which the party would not normally reveal to non-parties or, if revealed 7 to non-parties, would cause non-parties to maintain in confidence. 8 3. DESIGNATION. 9 (A) A producing party or its counsel may designate as Confidential any 10 documents or other tangible things by (i) marking every page of such item Confidential as the 11 case may be or (ii) sending written notice designating each page of such documents or each 12 portion of such tangible things to be treated as Confidential as the case may be. 13 (B) A producing party or its counsel may designate deposition or other 14 testimony provided by the producing party as Confidential by any one of the following means: 15 (i) stating orally on the record, with reasonable precision as to the affected testimony, on the day 16 the testimony is given that the information is Confidential, or (ii) sending written notice 17 designating, by page and line, the portions of the transcript of the deposition or other testimony 18 to be treated as Confidential within fourteen (14) days after receipt of the official transcripts. 19 (C) In addition to the foregoing, the Parties agree that any personal health 20 information obtained pursuant to a medical release, whether such release is executed by a Party 21 to this litigation or by a third party, shall be automatically designated Confidential. After any 22 such personal health information is obtained pursuant to a medical release, the Parties shall mark 23 the word “Confidential” on the face of the original of the document and each page so designated, 24 or on the face of the photocopy of the document, and on the photocopies of each page so 25 designated. 26 (D) Exercise of Restraint and Care in Designating Material for Protection. 27 Each party or non-party that designated information or items for protection under this agreement 1 appropriate standards. The designating party must designate for protection only those parts of 2 material, documents, items, or oral or written communications that qualify, so that other portions 3 of the material, documents, items, or communications for which protection is not warranted are 4 not swept unjustifiably within the ambit of the agreement. Mass, indiscriminate, or routinized 5 designations are prohibited. If it comes to the designating party’s attention that information or 6 items that it designated for protection do not qualify for protection, the designating party must 7 promptly notify all other parties that it is withdrawing the mistaken designation. 8 (E) Inadvertent Failures to Designate: if timely corrected, an inadvertent 9 failure to designate qualified information or items does not, standing alone, waive the 10 designating party’s right to secure protection under this agreement for such material. Upon 11 timely correction of a designation, the receiving party must make reasonable efforts to ensure 12 that the material is treated in accordance with the provisions of this agreement. 13 4. RESTRICTIONS ON ACCESS TO CONFIDENTIAL INFORMATION. 14 (A) Except with the prior written consent of the other Party, or upon prior 15 order of this Court obtained upon notice to opposing counsel, access to Confidential information, 16 and to any copies, portions, summaries, analyses or excerpts of any documents containing 17 information that has been designated “Confidential” shall be limited to: 18 (1) Counsel of record for the Parties to the litigation, including office 19 associates, paralegals, stenographic and clerical employees; 20 (2) The Parties to this action, their representatives, employees and 21 agents, including in-house counsel; 22 (3) Non-party witnesses currently or formerly employed by the Aces, 23 and consultants and/or experts who are engaged by either Party, subject to the provisions of 24 Paragraph 5 below; 25 (4) Any person who is indicated on the face of a document to have 26 been an author, addressee, or copy recipient thereof; 27 (5) The Court and its personnel, including clerks and stenographic 1 (6) Court reporters or stenographers who record deposition or other 2 testimony in the litigation; 3 (7) Outside photocopying services, graphic production services, or 4 litigation support services employed by the Parties or their counsel to assist in this litigation, and 5 computer personnel performing duties in relation to a computerized litigation system; 6 (8) Any other person whom the producing Party agrees to in writing. 7 5. ACCESS BY OUTSIDE CONSULTANTS, AND/OR EXPERTS TO 8 CONFIDENTIAL INFORMATION. The Parties’ counsel may, to the extent necessary to the 9 pursuit or defense of this action, in accordance with the terms of this Stipulated Protective Order, 10 and in good faith, make Confidential documents or information and any copies, portions, 11 summaries, analyses or excerpts of any documents containing confidential information available 12 to witnesses (as allowed in Paragraph 4), consultants, or expert witnesses, provided, however, 13 that, prior to delivering any such information to such witness, consultant, or expert, counsel shall 14 obtain from the witness, consultant or expert, a signed and dated copy of Exhibit A, which 15 includes a statement to the effect that the person has read this Stipulated Protective Order, agrees 16 to bound by its terms, and consents to the jurisdiction of the United States District Court for the 17 District of Nevada, Southern Division for the purposes of enforcing the Stipulated Protective 18 Order. 19 6. DEPOSITIONS. To the extent depositions occur in this case, persons may be 20 deposed regarding documents or information of which they have knowledge which have been 21 designated “Confidential.” All transcripts of these depositions and any other deposition 22 containing confidential information will be treated in accordance with this Stipulated Protective 23 Order, provided the designating Party follows the procedure set forth in this Stipulated Protective 24 Order for designating deposition testimony, or portions thereof, as “Confidential.” Aside from 25 the witness and the Parties, no person shall attend any portion of any deposition containing 26 testimony regarding confidential information or documents except counsel for the parties unless 27 such person has executed the written statement described in Paragraph 5. Any court reporter 1 testimony, that all testimony containing confidential information is and shall remain confidential 2 and shall not be disclosed except as provided in this Stipulated Protective Order and that copies 3 of any transcript, reporter’s notes or any other transcription records of any such testimony will 4 be retained in absolute confidentiality and safekeeping by such shorthand reporter or delivered 5 to attorneys of record or filed with the Court. 6 7. DISPUTES CONCERNING DESIGNATION OR DISCLOSURE OF 7 DOCUMENTS. Any Party in this action may at any time object to or challenge the designation 8 of Confidential Information on the ground that such information does not constitute the same by 9 serving written notice upon counsel for the designating Party, specifying the item(s) by Bates 10 number. The Parties shall attempt to resolve each challenge in good faith through a meet and 11 confer to be initiated by the designating Party within fourteen (14) days of the date of service of 12 the notice. If the Parties cannot resolve a challenge without court intervention, the designating 13 Party shall file and serve a motion to retain confidentiality within fourteen (14) days of the Parties 14 agreeing that the meet and confer process will not resolve their dispute. Failure by the 15 designating Party to make such a motion within 14 days shall automatically waive the 16 confidentiality designation for each challenged designation. The burden of persuasion in any 17 such challenge proceeding shall be on the designating Party. Unless the designating Party has 18 waived the confidentiality designation by failing to file a motion to retain confidentiality as 19 described above, all Parties shall continue to afford the material in question the level of 20 protection to which it is entitled under the designation until the Court rules on the motion. 21 The failure of any Party to challenge the designation by another producing Party of 22 documents, materials, or information as Confidential during the discovery period shall not be a 23 waiver of that Party’s right to object or challenge to the designation of such material at the 24 hearing in any motion, hearing, or at trial. 25 9. FILING WITH THE COURT. Unless otherwise permitted by statute, rule or prior 26 court order, all discovery materials filed with the Court which contain “Confidential” 27 information, and any pleading, brief or memorandum purporting to quote, reproduce, or 1 TO PROTECTIVE ORDER and shall be accompanied by a contemporaneous motion for leave 2 to file those documents under seal, and shall be filed consistent with the court’s electronic filing 3 procedures in accordance with Local Rule IA 10-5(b), as well as Kamakana v. City and County 4 of Honolulu, 447 F.3d 1172 (9th Cir. 2006). If the sole ground for a motion to seal is that the 5 opposing Party (or non-Party) has designated a document as confidential, the designating Party 6 shall file (within seven (7) days of the filing of the motion to seal) either: (1) a declaration 7 establishing sufficient justification for sealing each document at issue; or (2) a notice of 8 withdrawal of the designation(s) and consent to unsealing. If neither filing is made, the Court 9 may order the document(s) unsealed without further notice. In the event the Court refuses to 10 allow the filing under seal of such Information designated as Confidential, a Party shall still be 11 permitted to file such Information, but it will continue to be treated as Confidential in all other 12 respects. 13 10. NO IMPLIED ACKNOWLEDGMENT OF CONFIDENTIALITY. The receipt 14 of documents, information or other materials designated as Confidential pursuant to this 15 Stipulated Protective Order shall not constitute an acknowledgment that the same are in fact 16 confidential or otherwise legally protectable, and the Parties and their counsel shall not be 17 obliged to challenge the propriety of any confidentiality designation. Failure to do so shall not 18 preclude a subsequent challenge to the propriety of any such designation. Until and unless the 19 Parties may agree or the Court may finally determine that such documents, information or 20 materials are not properly designated as Confidential pursuant hereto, the same shall continue to 21 be treated as so designated in accordance with the terms of this Stipulated Protective Order. 22 11. NO WAIVER. The production of documents for inspection shall not constitute 23 a waiver of a Party’s rights to claim in this lawsuit or otherwise that the documents are privileged 24 or otherwise undiscoverable. Production by any party of confidential documents or information 25 in other litigation shall not constitute a waiver of its right to claim in this lawsuit or hereafter that 26 such documents or information are confidential, privileged or otherwise undiscoverable. 27 Nothing in this Stipulated Protective Order requires any party to produce any documents or 1 this Stipulated Protective Order, the parties do not waive any right to object to any discovery 2 request, or to the admission of evidence on any ground, or seek any further protective order, or 3 to seek relief from the Court from any provision of this Stipulated Protective Order by application 4 on notice on any grounds. 5 12. USE OF CONFIDENTIAL INFORMATION AT TRIAL. The terms of this 6 Stipulated Protective Order do not preclude, limit, restrict, or otherwise apply to the use of 7 documents at trial. 8 13. DISPOSITION OF CONFIDENTIAL DOCUMENTS AND INFORMATION 9 UPON FINAL DETERMINATION. Within 60 days after the final determination of this action, 10 whether by award or judgment which is no longer appealable, determination after appeal, 11 settlement, or otherwise, if requested by the designating Party, all documents, information and 12 material designated as “Confidential” and all copies, summaries, extracts, or abstracts of such 13 documents or of such information shall promptly be destroyed or returned to the producing 14 party’s counsel, or disposed of pursuant to further order of the Court Alternatively, the parties 15 may agree upon appropriate methods of destruction. Notwithstanding this provision, counsel 16 shall be entitled to retain one archival copy of all documents filed with the court, trial, deposition, 17 and hearing transcripts, correspondence, deposition and trial exhibits, expert reports, attorney 18 work product, consultant and expert work product, and all memoranda or other documents 19 prepared by counsel embodying information derived from any such materials, even if such 20 materials contain Confidential material; provided, however, that no subsequent use shall entail 21 disclosure of any information as to which claim of confidentiality has been made unless the 22 designating party agrees otherwise in writing or a court orders otherwise. The final determination 23 of this action shall not terminate the limitations on use and disclosure contained in this Stipulated 24 Protective Order. 25 14. AMENDMENT AND MODIFICATION. This Stipulated Protective Order may 26 be amended by the written agreement of counsel for the Parties submitted to an approved by the 27 Court in this case. Nothing in this Stipulated Protective Order shall preclude any Party to this 1 15. JURISDICTION AND ENFORCEMENT. Any person to whom documents or 2 information designated as “Confidential” is disclosed shall be subject to the jurisdiction of the 3 Court for purposes of determining, assuring and adjudging such person’s compliance with this 4 Stipulated Protective Order. This jurisdiction shall survive the termination of this action. 5 / / / 6 7 / / / 8 9 / / / 10 11 / / / 12 13 / / / 14 15 / / / 16 17 / / / 18 19 / / / 20 21 / / / 22 23 / / / 24 25 / / / 26 27 / / / 1 Any party or person subject to this Stipulated Protective Order who violates its provisions shall be liable for damages for any injuries or loss suffered by the producing party as a result of 3|| such violation. 4 IT IS SO STIPULATED. 6 DATED this 24th day of October 2025. DATED this 24th day of October 2025. 7) HOLLAND & HART LLP HKM EMPLOYMENT ATTORNEYS LLP /s/ Laurene S. Rogers - 9|| Gregory S. Gilbert is/ Erin Nor, gard Nevada Bar No. 6130 Dana Sniegocki, Esq. (11715) Erica C. Medley Erin S. Norgaard, Esq. (Pro Hac Vice) Nevada Bar No. 13959 Artur Davis, Esq. (Pro Hac Vice) 1] HOLLAND & HART LLP 101 Convention Center Dr., Suite 600 D 10 ond Fl Las Vegas, Nevada 89109 Lwood WTive, 2nd Ploor Tel: (702) 805-8340

g 8s Woes: NV 82134 Fax: (702) 805-8340 3 Maureen Witt dsniegocki@hkm.com Admitted Pro Hac Vice enorgaard@hkm.com HOLLAND & HART LLP adavis@hkm.com ag 555 17th Street, Suite 3200 Attorneys for Plaintiff Denver, Colorado 80201

27, 16 25 Laurene S. Rogers 17|| Admitted Pro Hac Vice HOLLAND & HART LLP 1800 Broadway, Suite 300 Boulder, CO 80302 19 Attorneys for Defendant 20|| Las Vegas Basketball L.P. d/b/a Las Vegas Aces 21 22 ITI es RDERED. _

24 UNITED STATES|MAGISTRATE JUDGE 25 DATED. _ 10/28/2025 26 27 28 10

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 The undersigned hereby acknowledges that he/she has read the Protective Order in the 4 above-captioned case (Hamby v. Las Vegas Basketball, L.P. dba Las Vegas Aces, Case No.: 2:24- 5 cv-01474-APG-DJA) and attached hereto, understands the terms thereof, and agrees to be bound 6 7 by those terms. The undersigned submits to the jurisdiction of the United States District Court of 8 the District of Nevada in matters relating to the aforementioned and attached Protective Order and 9 understands that the terms of the Protective Order obligate him/her to use the materials designated 10 as Confidential in accordance with the Order solely for the purposes of the above-captioned action, 11 and not to disclose any such Confidential Information to any other person, firm, or concern. The 12 undersigned acknowledges that violation of the Protective Over may result in penalties for 13 contempt of court. 14 15 16 Name (printed): _______________________________________ 17 Job Title: _______________________________________ 18 Employer: _______________________________________ 19 Business Address: _______________________________________ 20 _______________________________________ 21 Date: _______________________________________ 22 23 24 Signature: _______________________________________ 25