Jamee Deirdre Hundley (AKA James Derrick Hundley) v. Aranas

Opinion

1 MARGARET A. MCLETCHIE, Nevada Bar No. 10931 LEO S. WOLPERT, Nevada Bar No. 12658 2) MCLETCHIE LAW 602 South Tenth Street 3 | |Las Vegas, Nevada 89101 4 Telephone: (702) 728-5300 Fax: (702) 425-8220 5 | |Email: efile@nvlitigation.com ‘ Counsel for Plaintiff Jamee Deirdre Hundley DISTRICT OF NEVADA 8 JAMEE DEIRDRE HUNDLEY, aka Case. No.: 3:19-cv-00458-ART-CSD 9 | | JAMES DERRICK HUNDLEY Plaintiff, PROTECTIVE ORDER 11 VS. 12 = 13||STATE OF NEVADA ex. Rel, BOARD OF PRISON COMMISSIONERS, et al.

15 Defendants. ArSZ 16 Plaintiff JAMME DEIRDRE HUNDLEY, fka JAMES DERRICK HUNDLEY = 17 (“Plaintiff Hundley” or “Ms. Hundley’”)', by and through her counsel, Margaret A. 18 /McLetchie and Leo S. Wolpert of McLetchie Law, and Defendants Kim Adamson, Cisco 19 Aguilar, Romeo Aranas, David Bequette, Russelle Donnelly, James Dzurenda, Aaron Ford, 20) Tim Garrett, David Greene, Joseph Lombardo, Dana Marks, Michael Minev, Martin 21 Naughton, Donald Poag, and David Rivas, by and through their counsel, Aaron D. Ford, 22 Attorney General of the State of Nevada, and Douglas R. Rands, Senior Deputy Attorney 23 | |General (“NDOC Defendants”) (collectively “the Parties”), in accordance with Rule 26 of 24 | |the Federal Rules of Civil Procedure, with Rule 26-1 of the Local Rules of the United States 25 | |District Court, District of Nevada, having agreed to the following and for good cause under 26 | |Rule 26(c)(1) of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED as 271 follows: 28 | | ' Plaintiff is referred to herein by her female name and pronouns.

1 1. PURPOSES AND LIMITATIONS. 2 Disclosure and discovery activity in this action may involve production of 3 | |confidential, proprietary, or private information for which special protection from public 4 | |disclosure may be warranted under Rule 26(c)(1) of the Federal Rules of Civil Procedure. 5| |The parties acknowledge that this Order does not confer blanket protections on all 6 | |disclosures or responses to discovery and that the protection it affords extends to only the 7 {limited information or items that are entitled under law to treatment as confidential. 8 2. SCOPE. 9 All documents produced in the course of discovery, all responses to discovery 10 | |requests, and all deposition testimony and exhibits and any other materials which may be 11 | |subject to discovery (hereinafter collectively “Discovery Material”) shall be subject to this 12 | |stipulated protective order concerning confidential information as set forth below. A copy 13 | |of this Order must be included with any subpoena to any third party. Any party, or any third zen 14 | |party who produces documents in this litigation, may designate documents as Confidential 15 | |but only after review of the documents by an attorney who has, in good faith, determined 16 | |that the documents contain “Confidential Information,” as defined below, and pursuant to 17 | |the procedure set forth below. 18 3. CONFIDENTIAL INFORMATION. 19 “Confidential Information” shall mean information meriting special protection 20 junder the Federal Rules of Civil Procedure and applicable case law. Confidential Information does not include information that (a) is in the public domain at the time of 22 | |disclosure; (b) becomes part of the public domain through no fault of the Receiving Party; 23 | |(c) the Receiving Party can show was in its rightful and lawful possession at the time of 24 | |disclosure; or (d) the Receiving Party lawfully receives from a Non-party later without 25 | |restriction as to disclosure. 26 4. OTHER DEFINITIONS. 27 Party: any party to this action, including all of its officers, directors, agents, and 28 | |attorney(s) of record for a Party in this action (including their associates, paralegals, and

1 | |support/ clerical staff). 2 Non-party: any individual, corporation, association, or natural person or entity 3 Jother than a party. 4 Protected Material: any Discovery Material containing Confidential Information 5 | |that is designated by a Party or Non-party as “CONFIDENTIAL,” unless the Receiving 6 | |Party challenges the confidentiality designation and (a) the Court decides such material is 7 | |not entitled to protection as confidential; (b) the Designating Party fails to apply the Court 8 | | for an order designating the material confidential within the time period specified below; or 9 | |(c) the Designating Party withdraws its confidentiality designation in writing. 10 Producing Party: a Party or Non-party that produces Discovery Material in this 11 Jaction. 12 Receiving Party: a Party that recetves Discovery Material from a Producing Party. 13 Designating Party: a Party or Non-party that designates Discovery Material as 58 14 | |“CONFIDENTIAL”. The Party or Non-party designating information or items as Protected 15 | |Material bears the burden of establishing good cause for the confidentiality of all such items. 16 Challenging Party: a party that elects to initiate a challenge to a Designating 17 | |Party’s confidentiality designation. 18 Confidentiality Log: a Confidentiality Log must accompany any production of 19 | |documents designated as “CONFIDENTIAL” that includes the Bates numbers of the 20 | |documents designated (or the portions thereof) as “Confidential” and the basis for doing so. Each Producing Party shall keep this log cumulatively and re-produce it every time they 22 | |designate something as “CONFIDENTIAL” so that it is a cumulative record of what the 23 | |party has marked “CONFIDENTIAL.” 24 5. FORM AND TIMING OF DESIGNATION. 25 Protected Material shall be so designated by the Producing Party by placing or 26 | |affixing the word “CONFIDENTIAL” on the document in a manner which will not interfere with the legibility of the document and which will permit complete removal of the 28 | |“Confidential” designation. A Confidentiality Log must accompany any production of

1 | |Protected Material that includes the Bates numbers of the documents designated (or portions 2 | |thereof) as “CONFIDENTIAL” and the basis for doing so. Documents shall be designated 3 | |“Confidential” prior to, or contemporaneously with, the production or disclosure of the 4 | |documents. The designation of documents as “CONFIDENTIAL” shall be accompanied 5 | |}with a Confidentiality Log in the form included at Exhibit A. 6 A Designating Party must exercise restraint and make good faith efforts to limit 7| |CONFIDENTIAL designations to specific materials that qualify for protection under the 8 | |appropriate standard. Further, a Designating Party must use good faith efforts to designate 9| |for protection only those parts of material, documents, items, or communications that 10 | |qualify—so that other portions of the materials, documents, items, or communications for 11 | |which protection is not warranted are not swept unjustifiably within the ambit of this Order. 12 | |If only a portion or portions of materials on a page or within a document merit protection, a 13 | |Producing Party must so indicate by making appropriate markings in the margins but not zen 14 | Jover text. The accompanying log should clearly explain which portion is designated as 15 | |CONFIDENTIAL. 16 A Producing Party that makes original documents or materials available for 17 | |inspection need not designate them for protection until after the inspecting Party has 18 {indicated which material it would like copied and produced. During the inspection and 19 | |before the designation, all of the material made available for inspection shall be deemed 20 | |““Confidential.” After the inspecting Party has identified the documents it wants copied and 21] produced, the Producing Party must determine which documents, or portions thereof, 22 | |qualify for protection under this Order, and, before producing the specified documents, the 23 | |Producing Party must affix the appropriate legend on each page that contains Protected 24 | |Material. If only a portion or portions of the material on a page qualifies for protection, the 25 | |Producing Party also must clearly identify the protected portion(s) (e.g., by making 26 | |appropriated markings in the margins or by redacting protected portions). 27 Portions of depositions shall be designated CONFIDENTIAL when the deposition 28 | |is taken or within fourteen (14) business days after receipt of the transcript, if feasible. Such

1 | |designation shall be specific as to the portions to be protected and, if made by a Party, shall 2 be accompanied with a certification and log on the form, attached as Exhibit A. A 3 Designating Party must exercise restraint and make good faith efforts to limit 4 | |“CONFIDENTIAL” designations to specific materials that qualify for protection under the 5 | |appropriate standards. 6 Inadvertent or unintentional production of Protected Material without prior 7 | |designation as “Confidential” shall not be deemed a waiver, in whole or in part, of the right 8 | |to designate documents as Protected Material as otherwise allowed by this Order. Further, Party may assert that disclosures or discovery material produced by another Party 10 | |constitute Protected Material by informing the opposing Party by following the procedures 11 | |set forth herein for a Designated Party. 12 6. PROTECTION OF PROTECTED MATERIAL. 13 a. General Protections. Protected Material shall not be used or disclosed by the zen 14 | |parties or counsel for the parties or any other persons identified below (4 6.b.) for any 15 | |purposes whatsoever other than preparing for and conducting litigation in the above-entitled 16 | |action (including any appeal). 17 b. Qualified Receiving Parties and Limited Third-Party Disclosures. Protected 18 | |Material shall be held in confidence by each qualified Receiving Party to whom it is 19 | |disclosed, shall be used only for purposes of this action, and shall not be disclosed to any 20 | |person who is not a qualified recipient. All Protected Material shall be carefully maintained 21 | |so as to preclude access by persons who are not qualified Receiving Parties. 22 Subject to these requirements, in addition to Parties and the Court, the following 23 | |categories of persons may be allowed to review Protected Material pursuant to this Order 24 | |after executing an acknowledgment (in the form set forth at Exhibit B hereto), that he or she 25 | |has read and understands the terms of this Order and is bound by it: 26 (1) Any officers, directors, or designated employees of a Party deemed 27 necessary by counsel of record in this action to aid in the prosecution, 28 defense, or settlement of this action;

] (2) Professional outside vendors for attorneys of record (such as copying 2 services and translators and interpreters), 3 (3) Court reporters, deposition notaries and staff; 4 (4) The author of any document designated as CONFIDENTIAL or the 5 original source of Confidential Information contained therein; 6 (5) Persons other than legal counsel who have been retained or specially 7 employed by a party as an expert witness for purposes of this lawsuit or 8 to perform investigative work or fact research; 9 (6) Deponents during the course of their depositions; 10 (7) Counsel for issuers of insurance policies under which any issuer may be 11 liable to satisfy part or all of a judgment that may be entered in these 12 proceedings or indemnify or reimburse payments or costs associated with 13 these proceedings; 14 (8) Any private mediator or arbitrator appointed by the Court or selected by 15 mutual agreement of the parties and the mediator or arbitrator’s 16 secretarial and clerical personnel; 17 (9) Any other person as to whom the Producing Party has consented to 18 disclosure in advance and in writing, on notice to each Party hereto. 19 c. Control of Documents. Counsel for Parties shall take reasonable efforts to 20 | |prevent unauthorized disclosure of Protected Material pursuant to the terms of this Order. 21 | |No copies of Protected Material shall be made except by or on behalf of attorneys of record, 22 | |in-house counsel, or the parties in this action. 23 d. Copies. Any person making copies of Protected Material shall maintain all 24 | |copies within their possession or the possession of those entitled to access such information 25 | |under the Protective Order. All copies shall be immediately affixed with the designation 26 | |““CONFIDENTIAL” if the word does not already appear on the copy. All such copies shall 27 | |be afforded the full protection of this Order. 28 □□□

1 7. INMATE’S ACCESS TO FILES 2 Plaintiff's counsel may share with the Plaintiff copies of documents deemed Protected Material, even if access otherwise prohibited under NDOC Administrative 4 | |Regulations (“ARs”) 568 and 639. NDOC does not have a specific confidentiality or safety 5 interest regarding Plaintiff's medical records given the open and obvious nature of her 6 | |injuries at issue in this case. Further, Plaintiffs interest in maintaining open and informed 7 | |communication between Plaintiff and her counsel weighs in favor of superseding AR 568 8 | |and 639 in this instance. 9 Accordingly, this Protective Order supersedes AR 568 and 639 and Plaintiff may 10 | |possess copies of institutional records and medical documentation produced by NDOC over 11 | |the course of this litigation. However, following the litigation, the NDOC may retrieve the 12 | |medical and institutional records utilized in this litigation from Plaintiff. Additionally, this 13 | | Protective Order is limited to this litigation, and not separate litigation involving the parties 14 | |to this Protective Order. 15 8. UNAUTHORIZED DISCLOSURE. 16 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 17 | |Protected Material to any person or in any circumstance not authorized under this Stipulated 18 | |Protective Order, the Receiving Party must immediately (a) notify in writing the 19 | |Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 20 | |copies of the Protected Material, (c) inform the person or persons to whom unauthorized 21 | |disclosures were made of all the terms of this Order, and (d) request such person or persons 22 | |to execute the “Acknowledgment and Agreement to Be Bound by Stipulated Protective 23 | |Order” (Exhibit B). 24 9. FILING PROTECTED MATERIAL 25 The Parties shall follow Rule 10-5 of the Local Rules of Practice for the U.S. 26 | |District Court of Nevada and must file documents under seal under the Court’s electronic 27 | |filing procedures, 28 Further, the Parties recognize the presumption of public access inherent in judicial

1 | |records and that a Protective Order does not establish that documents meet the standard for 2 | |sealing set forth in Rule 10-5 of the Local Rules of Practice for the U.S. District Court of 3 | |Nevada and the Ninth Circuit’s decisions in Kamakana v. City and County of Honolulu, 447 4 | |F.3d 1172 (9th Cir. 2006) and Ctr. for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 5 | |1097 (9th Cir.), cert. denied sub nom. FCA U.S. LLC v. Ctr. for Auto Safety, 137 S. Ct. 38 6 (2016). When a motion to seal is related to the merits of the case, a “party seeking to seal a 7 | |judicial record then bears the burden of overcoming this strong presumption by meeting the 8 | |‘compelling reasons’ standard.” Kamakana, 447 F.3d at 1178. But when motion to seal is 9 Junrelated to the merits of the case, a party may overcome this presumption by meeting a less 10 | |exacting “good cause standard.” Chrysler Group, 809 F.3d at 1097. To establish good cause, 11 Ja party must show specific prejudice or harm—such as protecting a party from annoyance, 12 }embarrassment, oppression, or undue burden or expense—will result if the motion to seal is 13 | |denied. /d. (quoting Fed. R. Civ. P. 26(c)). Further, the Court should make an independent 58 14 | |determination regarding whether documents merits sealed status, and thus expressly 15 | |reserves the right to do. Kamakana 447 F.3d at 1186-87. 16 In recognition of this legal standard, and the fact that the party filing Protected 17 | |Material may not be the party that designated it confidential (and thus, may not believe good 18 | |cause exists for sealing), the Parties suggest that the procedure set forth below is followed 19 jif the sole ground for a motion to seal is that the opposing party (or non-party) has designated 20 | |a document as subject to protection pursuant to this Stipulated Protective Order: the Party 21 | |filing such Protected Materials may assert in the accompanying motion any reasons why the 22 | |Protected Materials should not, in fact, be kept under seal and the Designating Party, who 23 | |must be properly noticed, may likewise file a response asserting its position that the 24 | |Protected Material merits protection under Rule 26(c) of the Federal Rules of Civil 25 | |Procedure and attaching a declaration supporting the assertion that the designated material 26 | |meets the applicable standard. 27 10. CHALLENGES TO PROTECTED MATERIAL. 28 Any designation of Protected Material is subject to challenge. The following

1 | |procedures shall apply to any such challenge: 2 a. Burden. The burden of proving the necessity of a “CONFIDENTIAL” 3 | |designation remains with the party asserting confidentiality. 4 b. Notice; Opportunity to Challenge. A party who contends that Protected 5 | |Material is not entitled to confidential treatment shall give written notice to the party who 6 | |affixed the “CONFIDENTIAL” designation of the specific basis for the challenge. The party 7 | |who so designated the documents shall have ten (10) days from service of the written notice 8 | |to determine if the dispute can be resolved without judicial intervention and, if not, to move 9 | |for an Order confirming the “CONFIDENTIAL” designation, and the status as Protected 10 | | Material. 11 c. Treatment as Protected Material until Order or Withdrawal. 12 | |Notwithstanding any challenge to the designation of documents as such, all material 13 | |previously designated “CONFIDENTIAL” shall continue to be treated as Protected Material zen 14 | |subject to the full protections of this Order until one of the following occurs: (1) the Party 15 | |who claims that the documents are Protected Material withdraws such designation in 16 | |writing; (2) the Party who claims that the documents are confidential fails to move timely 17 | |for an Order designating the documents as confidential as set forth in paragraph 10.b. above; 18 Jor (3) the Court rules that the documents are not Protected Material and/or should no longer 19 | |be designated as “CONFIDENTIAL.” 20 d. No Waiver. Challenges to the confidentiality of documents may be made at any 21 | |time and are not waived by the failure to raise the challenge at the time of initial disclosure 22 jor designation. 23 11. DURATION; CONCLUSION OF LITIGATION. 24 All provisions of this Order restricting the use of Protected Material shall not 25 | |continue to be binding after the conclusion of the litigation unless otherwise agreed or 26 ordered. 27 /// 28 ///

1 12, PROTECTED MATERIAL SUBPOENAED OR ORDERED 3 Ifa Party is served with a subpoena or an order issued in other litigation that would 4 | |compel disclosure of Protected Material designated by another Party or Non-party, the Party 5 | |must so notify the Designating Party, in writing (by e-mail or fax, if possible) within three 6 | |(3) court days after receiving the subpoena or order. Such notification must include a copy 7 | |of the subpoena or court order. 8 13. ORDER SUBJECT TO MODIFICATION. 9 This Order shall be subject to modification on motion of any Party or any other 10 | |person who may show an adequate interest in the above-entitled action to intervene for 11 | |purposes of addressing the scope and terms of this Order. The Order shall not, however, be 12 | |modified until the Parties shall have been given notice and an opportunity to be heard on 13 | |the proposed modification. 58 14 14. NO JUDICIAL DETERMINATION. 15 This Order is entered based on the representations and agreements of the Parties 16 | |and for the purpose of facilitating discovery. Nothing herein shall be construed or presented 17 Jas a judicial determination that any specific document or item of information designated as 18 | |CONFIDENTIAL by counsel is subject to protection under Rule 26(c) of the Federal Rules 19 jof Civil Procedure or otherwise until such time as a document-specific ruling shall have 20 | |been made. 21 15. MISCELLANEOUS. 22 a. Public Health and Safety. Nothing in this Order is intended to prevent any 23 | |Party from raising with the Court any concern that the disclosure of certain Protected 24 | |Material may have a possible adverse effect upon the general public health or safety, or the 25 | |administration or operation of government or public office. 26 b. Right to Further Relief. Nothing is this Order abridges the right of any person 27 | |to seek its modification by the Court in the future. 28 c. Right to Assert Other Objections. By stipulating to the entry of this Order, no

1] | |Party waives any right it otherwise would have to object to disclosing or producing any 2 | |information or item on any ground not addressed in this Order. Similarly, no Party waives 3 Jany right to object on any ground to use in evidence of any of the material covered by this 4 | |Protective Order. 5 16. PERSONS BOUND UPON ENTRY OF ORDER. 6 This Order shall take effect when entered and shall be immediately binding upon 7 | |the Parties (as defined herein). It shall also be binding upon subsequent parties that are added 8 | |to this matter, each of which shall execute Exhibit B (Agreement to be bound). 10 [signature page to follow| 1] 12 13

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1 DATED this 8" day of April, 2024. DATED this 8" day of April, 2024. 2 MCLETCHIE LAW STATE OF NEVADA OFFICE OF THE ATTORNEY GENERAL 3 4 /s/ Leo S. Wolpert /s/ Douglas R. Rands MARGARET A. MCLETCHIE, NBN 10931 DOUGLAS R. RANDS, NBN 3572 □□ LEO S. WOLPERT, NBN 12658 100 N. Carson Street 602 South Tenth Street Carson City, Nevada 89701 61) Las Vegas, NV 89101 Telephone: (775) 684 — 1150 7 | | Altorneys for Plaintiff Jamee Deirdre Email: drands@ag.nv.gov Hundley Attorneys for NDOC Defendants 8 9 10 12 - 2B IT IS SO ORDERED.

15 Cc’ Ss 16 UNITED STATES MZ@ISTRATE JUDGE 2 17 18 DATED: April9,2024 19 20 21 22 23 24 25 26 27 28

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AND AGREEMENT TO BE BOUND 3 DISTRICT OF NEVADA 5 JAMEE DEIRDRE HUNDLEY, aka Case. No.: 3:19-cv-00458-ART-CSD ] JAMES DERRICK HUNDLEY Plaintiffs, UNDERSTANDING AND 8 AGREEMENT TO BE BOUND vs. 9 19 | |STATE OF NEVADA ex. Rel, BOARD OF PRISON COMMISSIONERS, et al. 11 12 Defendants, & 13 The undersigned hereby acknowledges that he or she has read the Confidentiality 2 14 | Order dated , 2024, in the above-captioned action, understands the terms

thereof, and agrees to be bound by such terms. The undersigned submits to the jurisdiction

= 4 16 | |of the United States District Court for the District of Nevada relating to the Confidentiality © 171 lorder during the pendency of the above-titled action and understands that the terms of said 18 | |Order obligate him/her to use discovery materials designated CONFIDENTIAL solely for 19 the purposes of the above-captioned action, and not to disclose any such Protected Material 20] to any person, firm, entity, or concern. 21 The undersigned acknowledges that violation of the Stipulated Confidentiality 22 /Order may result in penalties for contempt of court. 23 Name: 24 Job Title: 25 Employer: Business Address: 26 27 28 Date Signature