Jones v. City of North Las Vegas

• Court: District Court, D. Nevada
• Decided: June 11, 2021
• Docket: 2:21-cv-00241
• Status: Unknown

Opinion

1 | |Margaret A. McLetchie, Nevada Bar No. 10931 Alina M. Shell, Nevada Bar No. 11711 21 Leo S. Wolpert, Nevada Bar No. 12658 3 | |MCLETCHIE LAW 602 South Tenth Street 4 | |Las Vegas, NV 89101 Telephone: (702) 728-5300 5 | |Facsimile: (702) 425-8220 6 | |Email: maggie@nvlitigation.com 7 | |Jennifer L. Braster, Nevada Bar No. 9982 NAYLOR & BRASTER 8 | | 1050 Indigo Drive, Suite 200 g | |Las Vegas, NV 89145 Telephone: (702) 420-7000 10 | |Facsimile: (702) 420-7001 Email: jbraster@nblawnv.com Counsel for Plaintiffs, Genoa Jones and Cornell Tinsley 12 UNITED STATES DISTRICT COURT . 13 14 DISTRICT OF NEVADA 15 | |GENOA JONES and CORNELL TINSLEY, | Case. No.: 2:21-cv-00241-GMN-DJA individuals, 7 Plaintiffs, vs. 18 19) | CITY OF NORTH LAS VEGAS, Nevada, a| #2ROPOSED}STIPULATED 20 Municipal Corporation; SERGEANT SCOTT | PROTECTIVE ORDER SALKOFF, an individual; and OFFICER 21 | □ MICHAEL ROSE, an individual, 22 Defendants. 23 Plaintiffs GENOA JONES and CORNELL TINSLEY and Defendants CITY OF 24 | NORTH LAS VEGAS, SERGEANT SCOTT SALKOFF, and OFFICER MICHAEL ROSE 25 | |by their respective counsel, having agreed to the following and for good cause under Rule 26 | |26(c)(1) of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED as follows: ar 1. PURPOSES AND LIMITATIONS. 28 Disclosure and discovery activity in this action may involve production of

1 | |confidential, proprietary, or private information for which special protection from public 2 | |disclosure may be warranted under Rule 26(c)(1) of the Federal Rules of Civil Procedure. 3| |The parties acknowledge that this Order does not confer blanket protections on all 4 | |disclosures or responses to discovery and that the protection it affords extends to only the 5 | {limited information or items that are entitled under law to treatment as confidential. 6 2. SCOPE. 7 All documents produced in the course of discovery, all responses to discovery 8 | |requests, and all deposition testimony and exhibits and any other materials which may be 9 | |subject to discovery (hereinafter collectively “Discovery Material”) shall be subject to this 10 | |stipulated protective order concerning confidential information as set forth below. A copy 11 | Jof this Order must be included with any subpoena to any third party. Any party, or any third 12 | |party who produces documents in this litigation, may designate documents as Confidential ~ 13} {but only after review of the documents by an attorney who has, in good faith, determined Bs : 2 |that the documents contain “Confidential Information,” as defined below, and pursuant to 15 | |the procedure set forth below. 16 3. CONFIDENTIAL INFORMATION. 17 “Confidential Information” shall mean information meriting special protection 18 | /under the Federal Rules of Civil Procedure and applicable case law. Confidential 19 | |Information does not include information that (a) is in the public domain at the time of 20 | |disclosure; (b) becomes part of the public domain through no fault of the Receiving Party; 21 | |(c) the Receiving Party can show was in its rightful and lawful possession at the time of 22 | |disclosure; or (d) the Receiving Party lawfully receives from a Non-party later without 23 | |restriction as to disclosure. 24 4. OTHER DEFINITIONS. 25 Party: any party to this action, including all of its officers, directors, agents, and 26 | |attorney(s) of record for a Party in this action (including their associates, paralegals, and 27 | |support/ clerical staff). 28 Non-party: any individual, corporation, association, or natural person or entity

1 | jother than a party. 2 Protected Material: any Discovery Material containing Confidential Information 3 | |that is designated by a Party or Non-party as “CONFIDENTIAL,” unless the Receiving 4 | |Party challenges the confidentiality designation and (a) the Court decides such material is 5 | |not entitled to protection as confidential; (b) the Designating Party fails to apply the Court 6 | |for an order designating the material confidential within the time period specified below; or 7 | |(c) the Designating Party withdraws its confidentiality designation in writing. 8 Producing Party: a Party or Non-party that produces Discovery Material in this 9 | Jaction. 10 Receiving Party: a Party that receives Discovery Material from a Producing Party. 11 Designating Party: a Party or Non-party that designates Discovery Material as 12 | |“CONFIDENTIAL”. The Party or Non-party designating information or items as Protected ~ 13] |Material bears the burden of establishing good cause for the confidentiality of all such items. 14 Challenging Party: a party that elects to initiate a challenge to a Designating 15 | |Party’s confidentiality designation. 16 Confidentiality Log: a Confidentiality Log must accompany any production of 17| |documents designated as “CONFIDENTIAL” that includes the Bates numbers of the 18 | |documents designated (or the portions thereof) as “Confidential” and the basis for doing so. 19 | |Each Producing Party shall keep this log cumulatively and re-produce it every time they 20 | |designate something as “CONFIDENTIAL” so that it is a cumulative record of what the 21 | |party has marked “CONFIDENTIAL.” 22 5. FORM AND TIMING OF DESIGNATION. 23 Protected Material shall be so designated by the Producing Party by placing or 24 | |affixing the word “CONFIDENTIAL” on the document in a manner which will not interfere 25 | |with the legibility of the document and which will permit complete removal of the 26 | |“Confidential” designation. A Confidentiality Log must accompany any production of 27 | |Protected Material that includes the Bates numbers of the documents designated (or portions 28 | |thereof) as “CONFIDENTIAL” and the basis for doing so. Documents shall be designated

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

1 | |Designating Party must exercise restraint and make good faith efforts to limit 2 | |“CONFIDENTIAL” designations to specific materials that qualify for protection under the 3 | |appropriate standards. 4 Inadvertent or unintentional production of Protected Material without prior 5 | |designation as “Confidential” shall not be deemed a waiver, in whole or in part, of the right 6 | |to designate documents as Protected Material as otherwise allowed by this Order. Further, 7| {a Party may assert that disclosures or discovery material produced by another Party 8 | |constitute Protected Material by informing the opposing Party by following the procedures 9 | |set forth herein for a Designated Party. 10 6. PROTECTION OF PROTECTED MATERIAL. 11 a. General Protections. Protected Material shall not be used or disclosed by the 12 | |parties or counsel for the parties or any other persons identified below (§ 6.b.) for any ~ |purposes whatsoever other than preparing for and conducting litigation in the above-entitled Bs : action (including any appeal). 15 b. Qualified Receiving Parties and Limited Third-Party Disclosures. Protected 16 | |Material shall be held in confidence by each qualified Receiving Party to whom it is 17 | |disclosed, shall be used only for purposes of this action, and shall not be disclosed to any 18 | person who is not a qualified recipient. All Protected Material shall be carefully maintained 19 | |so as to preclude access by persons who are not qualified Receiving Parties. 20 Subject to these requirements, in addition to Parties and the Court, the following 21 | |categories of persons may be allowed to review Protected Material pursuant to this Order 22 | |after executing an acknowledgment (in the form set forth at Exhibit B hereto), that he or she 23 | |has read and understands the terms of this Order and is bound by it: 24 (1) Any officers, directors, or designated employees of a Party deemed 25 necessary by counsel of record in this action to aid in the prosecution, 26 defense, or settlement of this action; 27 (2) Professional outside vendors for attorneys of record (such as copying 28 services and translators and interpreters),

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

1 | |Protective Order, the Receiving Party must immediately (a) notify in writing the 2 | |Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 3 | |copies of the Protected Material, (c) inform the person or persons to whom unauthorized 4 | |disclosures were made of all the terms of this Order, and (d) request such person or persons 5 | |to execute the “Acknowledgment and Agreement to Be Bound by Stipulated Protective 6 | |Order” (Exhibit B). 7 8. FILING PROTECTED MATERIAL 8 The Parties shall follow Rule 10-5 of the Local Rules of Practice for the U.S. 9 | |District Court of Nevada and must file documents under seal under the Court’s electronic 10 | |filing procedures, 11 Further, the Parties recognize the presumption of public access inherent in judicial 12 | |records and that a Protective Order does not establish that documents meet the standard for ~ 13} |sealing set forth in Rule 10-5 of the Local Rules of Practice for the U.S. District Court of : 14| |Nevada and the Ninth Circuit’s decisions in Kamakana vy. City and County of Honolulu, 447 15 | |F.3d 1172 (9th Cir. 2006) and Ctr. for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 16 | |1097 (9th Cir.), cert. denied sub nom. FCA U.S. LLC v. Ctr. for Auto Safety, 137 S. Ct. 38 17 | |(2016). When a motion to seal is related to the merits of the case, a “party seeking to seal a 18 | |judicial record then bears the burden of overcoming this strong presumption by meeting the 19 | |‘compelling reasons’ standard.” Kamakana, 447 F.3d at 1178. But when motion to seal is 20 | junrelated to the merits of the case, a party may overcome this presumption by meeting a less 21 | jexacting “good cause standard.” Chrysler Group, 809 F.3d at 1097. To establish good cause, 22 | |a party must show specific prejudice or harm—such as protecting a party from annoyance, 23 | jembarrassment, oppression, or undue burden or expense—will result if the motion to seal is 24 | |denied. /d. (quoting Fed. R. Civ. P. 26(c)). Further, the Court should make an independent 25 | |determination regarding whether documents merits sealed status, and thus expressly 26 | |reserves the right to do. Kamakana 447 F.3d at 1186-87. 27 In recognition of this legal standard, and the fact that the party filing Protected 28 | |Material may not be the party that designated it confidential (and thus, may not believe good

] | |cause exists for sealing), the Parties suggest that the procedure set forth below is followed 2 | \1f the sole ground for a motion to seal is that the opposing party (or non-party) has designated 3 | |a document as subject to protection pursuant to this Stipulated Protective Order: the Party 4 | |filing such Protected Materials may assert in the accompanying motion any reasons why the 5 | |Protected Materials should not, in fact, be kept under seal and the Designating Party, who 6| {must be properly noticed, may likewise file a response asserting its position that the 7 | |Protected Material merits protection under Rule 26(c) of the Federal Rules of Civil 8 | |Procedure and attaching a declaration supporting the assertion that the designated material 9 | |meets the applicable standard. 10 9. CHALLENGES TO PROTECTED MATERIAL. 11 Any designation of Protected Material is subject to challenge. The following 12 | |procedures shall apply to any such challenge: - a. Burden. The burden of proving the necessity of a “CONFIDENTIAL” : 2 14 | |designation remains with the party asserting confidentiality. 15 b. Notice; Opportunity to Challenge. A party who contends that Protected 16 | |Material is not entitled to confidential treatment shall give written notice to the party who 17 | \affixed the “CONFIDENTIAL” designation of the specific basis for the challenge. The party 18 | |who so designated the documents shall have ten (10) days from service of the written notice 19 | |to determine if the dispute can be resolved without judicial intervention and, if not, to move 20 | |for an Order confirming the “CONFIDENTIAL” designation, and the status as Protected 21 | Material. 22 c. Treatment as Protected Material until Order or Withdrawal. 23 | |Notwithstanding any challenge to the designation of documents as such, all material 24 | |previously designated “CONFIDENTIAL” shall continue to be treated as Protected Material 25 | |subject to the full protections of this Order until one of the following occurs: (1) the Party 26||who claims that the documents are Protected Material withdraws such designation in 27 | |writing; (2) the Party who claims that the documents are confidential fails to move timely 28 | |for an Order designating the documents as confidential as set forth in paragraph 9.b. above;

1 | Jor (3) the Court rules that the documents are not Protected Material and/or should no longer 2 | |be designated as “CONFIDENTIAL.” 3 d. No Waiver. Challenges to the confidentiality of documents may be made at any 4 | |time and are not waived by the failure to raise the challenge at the time of initial disclosure 5 | jor designation. 6 10. DURATION; CONCLUSION OF LITIGATION. 7 All provisions of this Order restricting the use of Protected Material shall continue 8 | |to be binding after the conclusion of the litigation unless otherwise agreed or ordered. 9 | |However, the dismissal of this action will terminate the jurisdiction of this Court, including 10 | Jover this Order. 11 Within thirty (30) days of the final termination of in the above-entitled action, 12 | |which would be either a final judgment on all claims or stipulation and order for dismissal ~ 13] |with prejudice, all documents and information designated as CONFIDENTIAL by a Bs : 2 |Designating Party and which has not been challenged, including any copies, or documents 15 | |containing information taken therefrom, shall be returned to the Designating Party. In the 16 | jalternative, within thirty (30) days of the final termination of this case, which would be 17 | jeither a final judgment on all claims or stipulation and order for dismissal with prejudice, 18 | |all such documents, including copies, may be shredded or disposed of in a manner to ensure 19 | |the destruction thereof and a declaration certifying such destruction or disposal provided to 20 | |the Designating Party. To the extent a party has designated portions of a deposition 21 | |transcript as CONFIDENTIAL, the non-designating party is under no obligation or duty to 22 | |shred or dispose of the deposition transcript, however, the CONFIDENTIAL designation 23 | | will remain. 24 11. PROTECTED MATERIAL SUBPOENAED OR ORDERED 25 PRODUCED IN OTHER LITIGATION. 26 Ifa Party is served with a subpoena or an order issued in other litigation that would 27 | |compel disclosure of Protected Material designated by another Party or Non-party, the Party 28 | |must so notify the Designating Party, in writing (by e-mail or fax, if possible) within three

1 | |(3) court days after receiving the subpoena or order. Such notification must include a copy 2 | |of the subpoena or court order. 3 12, ORDER SUBJECT TO MODIFICATION. 4 This Order shall be subject to modification on motion of any Party or any other 5 | |person who may show an adequate interest in the above-entitled action to intervene for 6 | |purposes of addressing the scope and terms of this Order. The Order shall not, however, be 7 | |modified until the Parties shall have been given notice and an opportunity to be heard on 8 | {the proposed modification. 9 13. NO JUDICIAL DETERMINATION. 10 This Order is entered based on the representations and agreements of the Parties 11 | Jand for the purpose of facilitating discovery. Nothing herein shall be construed or presented 12 | Jas a judicial determination that any specific document or item of information designated as ~ 13] |CONFIDENTIAL by counsel is subject to protection under Rule 26(c) of the Federal Rules Bs 14 | Jof Civil Procedure or otherwise until such time as a document-specific ruling shall have 15 | |been made. : : 16 14. MISCELLANEOUS. 17 a. Public Health and Safety. Nothing in this Order is intended to prevent any 18 | |Party from raising with the Court any concern that the disclosure of certain Protected 19 | |Material may have a possible adverse effect upon the general public health or safety, or the 20 | administration or operation of government or public office. 21 b. Right to Further Relief. Nothing is this Order abridges the right of any person 22 | |to seek its modification by the Court in the future. 23 c. Right to Assert Other Objections. By stipulating to the entry of this Order, no 24 | |Party waives any right it otherwise would have to object to disclosing or producing any 25 | |information or item on any ground not addressed in this Order. Similarly, no Party waives 26 | right to object on any ground to use in evidence of any of the material covered by this 27 | |Protective Order. 28 | |///

1 15. PERSONS BOUND UPON ENTRY OF ORDER. 2 This Order shall take effect when entered and shall be immediately binding upon 3 | |the Parties (as defined herein). It shall also be binding upon subsequent parties that are added 4 | |to this matter, each of which shall execute Exhibit B (Agreement to be bound). 5 IT IS SO STIPULATED. 6 DATED this 9" day of June, 2021. DATED this 9" day of June, 2021. 7 MCLETCHIE LAW NORTH LAS VEGAS CITY 8 ATTORNEY’S OFFICE 7 /s/ Leo S. Wolpert /s/ Rhiann Jarvis Denman 10 | |Margaret A. McLetchie, NBN 10931 Micaela Rustia Moore, NBN 9676 Alina M. Shell, NBN 11711 Noel E. Eidsmore, NBN 7688 11 | |Leo S. Wolpert, NBN 12658 Rhiann Jarvis Denman, NBN 13509 12 | | 701 East Bridger Avenue, Suite 520 2250 Las Vegas Blvd. North, Suite 810 Las Vegas, NV 89101 North Las Vegas, Nevada 89030 - 2B Telephone: (702) 728-5300 Telephone: (702) 633-1050 . Email: maggie@nvlitigation.com Email: jarvisr@cityofnorthlasvegas.com Zs 14 Counsel for Defendants, 15 | |Jennifer L. Braster, Nevada Bar No. 9982 City of North Las Vegas, Sgt. Scott Salkoff, NAYLOR & BRASTER and Ofc. Michael Rose 16||1050 Indigo Drive, Suite 200 Las Vegas, NV 89145 = 171 |\ Telephone: (702) 420-7000 1g | | Email: jbraster@nblawnv.com Counsel for Plaintiffs, 19 | |Genoa Jones and Cornell Tinsley 20 ORDER 21 IT IS SO ORDERED. 23 ~ 24 [

25 U.S. DISTRICT COURT IMAGISTRATE JUDGE 26 June 11, 2021 DATED: 27 28

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1 EXHIBIT B 2 ACKNOWLEDGMENT OF UNDERSTANDING AND AGREEMENT TO BE BOUND 3 4 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 5 GENOA JONES and CORNELL TINSLEY, | Case. No.: 2:21-ev-00241-GMN-DJA 6 | | individuals, 7 Plaintiffs, vs. 8 CITY OF NORTH LAS VEGAS, Nevada, a| ACKNOWLEDGMENT OF 9 Municipal Corporation; SERGEANT SCOTT | UNDERSTANDING AND 19 | |SALKOFF, an individual; and OFFICER ) AGREEMENT TO BE BOUND MICHAEL ROSE, an individual, 11 Defendants. 12 The undersigned hereby acknowledges that he or she has read the Confidentiality _ |Order dated , 2021, in the above-captioned action, understands the terms = 5 2 |thereof, and agrees to be bound by such terms. The undersigned submits to the jurisdiction 15 | jof the United States District Court for the District of Nevada relating to the Confidentiality 16 | |Order during the pendency of the above-entitled action and understands that the terms of

= $ |said Order obligate him/her to use discovery materials designated CONFIDENTIAL solely 18 | |for the purposes of the above-captioned action, and not to disclose any such Protected 19 | |Material to any person, firm, entity, or concern. 20 The undersigned acknowledges that violation of the Stipulated Confidentiality 21 | |Order may result in penalties for contempt of court. 22 Name: 23 Job Title: Employer: 24 Business Address: 25 26 27 28 Date Signature