11 22 33 44 55 66 77 88 UNITED STATES DISTRICT COURT 99 DISTRICT OFNEVADA 1100 1111 HARRY STUART KINDER, Case No. 2:23-cv-01338-JAD-BNW 1122 Plaintiff, [AMENDED PROPOSED] PROTECTIVEORDER 1133 v. 1144 LM INSURANCE CORPORATION, LIBERTYMUTUAL INSURANCE 1155 COMPANY,and Does1 through 100, 1166 Defendants. 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266 2277 1 1. OVERVIEW OF PROTECTIVE ORDER 2 1.1 Purposes and Limitations 3 Discoveryinthisactionislikelytoinvolveproductionofconfidential,proprietaryorprivate 4 informationforwhichspecialprotectionfrompublicdisclosureandfromuseforanypurposeother 5 than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and 6 petitiontheCourttoenterthe followingStipulatedProtectiveOrder.Thepartiesacknowledgethat 7 this Order doesnot confer blanketprotections on all disclosures orresponses to discoveryand that 8 the protection it affords from public disclosure and use extends only to the limited information or 9 items thatareentitledto confidentialtreatment undertheapplicable legal principles. 10 1.2. Good Cause Statement 11 This action is likely to involve commercial, financial, technical, and/or proprietary 12 informationforwhichspecialprotectionfrompublicdisclosureandfromuseforanypurposeother 13 than prosecution of this action is warranted. Such confidential and proprietary materials and 14 information consist of, among other things, confidential business or proprietary information, 15 information regarding confidential business practices, or other confidential commercial 16 information,informationotherwisegenerallyunavailabletothepublic,orwhichmaybeprivileged 17 or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, 18 or common law. 19 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 20 disputes over confidentiality of discovery materials, to adequately protect information the parties 21 are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses 22 of such material in preparation for and in the conduct of trial, to address their handling at the end 23 ofthelitigation,andservetheendsofjustice, aprotectiveorderforsuchinformationisjustifiedin 24 this matter. It is the intent of the parties that information will not be designated as confidential for 25 tactical reasons and that nothing be so designated without a good faith belief that it has been 26 maintainedinaconfidential,non-publicmanner,andthere is good cause why it should not be part 27 of the public recordof this case. 1 1.3 Acknowledgement of Procedurefor Filing UnderSeal 2 The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 3 Protective Order does not entitle them to file confidential information under seal; Local Rule IA 4 10-5 sets forth the procedures that must be followed and the standards that will be applied when a 5 partyseeks permission from the courtto file materialunderseal. 6 There is a strong presumption that the public has a right of access to judicial proceedings 7 and records in civil cases. In connection with non-dispositive motions, good cause must be shown 8 tosupportafilingunderseal. SeeKamakanav.CityandCountyofHonolulu,447F.3d1172,1176 9 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar- 10 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 11 orders require good cause showing), and a specific showing of good cause or compelling reasons 12 with proper evidentiary support and legal justification, must be made with respect to Protected 13 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure of 14 Discovery Material as HIGHLY CONFIDENTIAL and/or CONFIDENTIAL does not—without 15 the submission of competent evidence by declaration, establishing that the material sought to be 16 filed under seal qualifies as confidential, privileged, or otherwise protectable—constitute good 17 cause. 18 Further, if a party requests sealing related to a dispositive motion or trial, then compelling 19 reasons,notonlygoodcause,forthesealingmustbeshown,andthereliefsoughtshallbenarrowly 20 tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors Ass’n, 605 21 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought 22 tobefiledorintroducedundersealinconnectionwithadispositivemotionortrial,thepartyseeking 23 protection must articulate compelling reasons, supported by specific facts and legal justification, 24 for the requested sealing order. Competent evidence supporting the application to file documents 25 undersealmust beprovidedbydeclaration. 26 Any document that is not confidential, privileged, or otherwise protectable in its entirety 27 will not be filed under seal if the confidential portions can be redacted. If documents can be 1 redacted, then a redacted version for public viewing, omitting only the confidential, privileged, or 2 otherwise protectable portions of the document, shall be filed. Any application that seeks to file 3 documents under seal in their entirety should include an explanation of why redaction is not 4 feasible. 5 2. DEFINITIONS 6 2.1 Action:Thispendingfederallawsuit intheUnited StatesFederalDistrictCourtfor 7 the District of Nevada, CaseNo. 2:23-cv-01338-JAD-BNW. 8 2.2 Challenging Party: A Party or Non-Party that challenges the designation of 9 information oritems underthis Order. 10 2.3 “HIGHLYCONFIDENTIAL”InformationorItems: Information(regardlessof 11 howitisgenerated,storedormaintained)ortangiblethingsthatqualifyforprotectionunderFederal 12 Rule ofCivil Procedure 26(c). 13 2.4 “CONFIDENTIAL” Information or Items: Information (regardless of how it is 14 generated, stored or maintained) or tangible things that constitute private business information, as 15 specified abovein theGood CauseStatement. 16 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their support 17 staff). 18 2.6 Designating Party: A Partyor Non-Partythat designates information or items that 19 it produces in disclosures or in responses to discovery as “HIGHLY CONFIDENTIAL” or 20 “CONFIDENTIAL.” 2.7 Disclosure or Discovery Material: All items or information, regardless of the 21 mediumormannerin whichitis generated,stored,ormaintained(including, amongotherthings, 22 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 23 responses to discoveryin this matter. 24 2.8 Expert:Apersonwithspecializedknowledgeorexperienceinamatterpertinentto 25 the litigation who has been retained bya Partyor its counsel to serve as an expert witness or as a consultant in this Action. 26 2.9 House Counsel: Attorneys who are employees of a party to this Action. House 27 Counsel does notinclude Outside Counsel of Recordoranyotheroutsidecounsel. 2.10 Non-Party:Anynaturalperson,partnership,corporation,associationorotherlegal 1 entitynot named as aPartyto this action. Thedefinitionof“Non-Party” does not include a party 2 affiliateand/orsubsidiary. 3 2.11 Outside Counsel of Record: Attorneys who are not employees of a party to this 4 Action but are retained to represent or advise a party to this Action and have appeared in this 5 Action on behalf of that party or are affiliated with a law firm that has appeared on behalf of that party, and includes support staff. 6 2.12 Party:Anypartyto this Action, including allof its officers, directors, employees, 7 consultants, retained experts,and OutsideCounselof Record (and their support staffs). 8 2.13 Producing Party: A Party or Non-Party that produces Disclosure or Discovery 9 Material in this Action.
Free access — add to your briefcase to read the full text and ask questions with AI
11 22 33 44 55 66 77 88 UNITED STATES DISTRICT COURT 99 DISTRICT OFNEVADA 1100 1111 HARRY STUART KINDER, Case No. 2:23-cv-01338-JAD-BNW 1122 Plaintiff, [AMENDED PROPOSED] PROTECTIVEORDER 1133 v. 1144 LM INSURANCE CORPORATION, LIBERTYMUTUAL INSURANCE 1155 COMPANY,and Does1 through 100, 1166 Defendants. 1177 1188 1199 2200 2211 2222 2233 2244 2255 2266 2277 1 1. OVERVIEW OF PROTECTIVE ORDER 2 1.1 Purposes and Limitations 3 Discoveryinthisactionislikelytoinvolveproductionofconfidential,proprietaryorprivate 4 informationforwhichspecialprotectionfrompublicdisclosureandfromuseforanypurposeother 5 than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and 6 petitiontheCourttoenterthe followingStipulatedProtectiveOrder.Thepartiesacknowledgethat 7 this Order doesnot confer blanketprotections on all disclosures orresponses to discoveryand that 8 the protection it affords from public disclosure and use extends only to the limited information or 9 items thatareentitledto confidentialtreatment undertheapplicable legal principles. 10 1.2. Good Cause Statement 11 This action is likely to involve commercial, financial, technical, and/or proprietary 12 informationforwhichspecialprotectionfrompublicdisclosureandfromuseforanypurposeother 13 than prosecution of this action is warranted. Such confidential and proprietary materials and 14 information consist of, among other things, confidential business or proprietary information, 15 information regarding confidential business practices, or other confidential commercial 16 information,informationotherwisegenerallyunavailabletothepublic,orwhichmaybeprivileged 17 or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, 18 or common law. 19 Accordingly, to expedite the flow of information, to facilitate the prompt resolution of 20 disputes over confidentiality of discovery materials, to adequately protect information the parties 21 are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses 22 of such material in preparation for and in the conduct of trial, to address their handling at the end 23 ofthelitigation,andservetheendsofjustice, aprotectiveorderforsuchinformationisjustifiedin 24 this matter. It is the intent of the parties that information will not be designated as confidential for 25 tactical reasons and that nothing be so designated without a good faith belief that it has been 26 maintainedinaconfidential,non-publicmanner,andthere is good cause why it should not be part 27 of the public recordof this case. 1 1.3 Acknowledgement of Procedurefor Filing UnderSeal 2 The parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated 3 Protective Order does not entitle them to file confidential information under seal; Local Rule IA 4 10-5 sets forth the procedures that must be followed and the standards that will be applied when a 5 partyseeks permission from the courtto file materialunderseal. 6 There is a strong presumption that the public has a right of access to judicial proceedings 7 and records in civil cases. In connection with non-dispositive motions, good cause must be shown 8 tosupportafilingunderseal. SeeKamakanav.CityandCountyofHonolulu,447F.3d1172,1176 9 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar- 10 Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective 11 orders require good cause showing), and a specific showing of good cause or compelling reasons 12 with proper evidentiary support and legal justification, must be made with respect to Protected 13 Material that a party seeks to file under seal. The parties’ mere designation of Disclosure of 14 Discovery Material as HIGHLY CONFIDENTIAL and/or CONFIDENTIAL does not—without 15 the submission of competent evidence by declaration, establishing that the material sought to be 16 filed under seal qualifies as confidential, privileged, or otherwise protectable—constitute good 17 cause. 18 Further, if a party requests sealing related to a dispositive motion or trial, then compelling 19 reasons,notonlygoodcause,forthesealingmustbeshown,andthereliefsoughtshallbenarrowly 20 tailored to serve the specific interest to be protected. See Pintos v. Pacific Creditors Ass’n, 605 21 F.3d 665, 677-79 (9th Cir. 2010). For each item or type of information, document, or thing sought 22 tobefiledorintroducedundersealinconnectionwithadispositivemotionortrial,thepartyseeking 23 protection must articulate compelling reasons, supported by specific facts and legal justification, 24 for the requested sealing order. Competent evidence supporting the application to file documents 25 undersealmust beprovidedbydeclaration. 26 Any document that is not confidential, privileged, or otherwise protectable in its entirety 27 will not be filed under seal if the confidential portions can be redacted. If documents can be 1 redacted, then a redacted version for public viewing, omitting only the confidential, privileged, or 2 otherwise protectable portions of the document, shall be filed. Any application that seeks to file 3 documents under seal in their entirety should include an explanation of why redaction is not 4 feasible. 5 2. DEFINITIONS 6 2.1 Action:Thispendingfederallawsuit intheUnited StatesFederalDistrictCourtfor 7 the District of Nevada, CaseNo. 2:23-cv-01338-JAD-BNW. 8 2.2 Challenging Party: A Party or Non-Party that challenges the designation of 9 information oritems underthis Order. 10 2.3 “HIGHLYCONFIDENTIAL”InformationorItems: Information(regardlessof 11 howitisgenerated,storedormaintained)ortangiblethingsthatqualifyforprotectionunderFederal 12 Rule ofCivil Procedure 26(c). 13 2.4 “CONFIDENTIAL” Information or Items: Information (regardless of how it is 14 generated, stored or maintained) or tangible things that constitute private business information, as 15 specified abovein theGood CauseStatement. 16 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their support 17 staff). 18 2.6 Designating Party: A Partyor Non-Partythat designates information or items that 19 it produces in disclosures or in responses to discovery as “HIGHLY CONFIDENTIAL” or 20 “CONFIDENTIAL.” 2.7 Disclosure or Discovery Material: All items or information, regardless of the 21 mediumormannerin whichitis generated,stored,ormaintained(including, amongotherthings, 22 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 23 responses to discoveryin this matter. 24 2.8 Expert:Apersonwithspecializedknowledgeorexperienceinamatterpertinentto 25 the litigation who has been retained bya Partyor its counsel to serve as an expert witness or as a consultant in this Action. 26 2.9 House Counsel: Attorneys who are employees of a party to this Action. House 27 Counsel does notinclude Outside Counsel of Recordoranyotheroutsidecounsel. 2.10 Non-Party:Anynaturalperson,partnership,corporation,associationorotherlegal 1 entitynot named as aPartyto this action. Thedefinitionof“Non-Party” does not include a party 2 affiliateand/orsubsidiary. 3 2.11 Outside Counsel of Record: Attorneys who are not employees of a party to this 4 Action but are retained to represent or advise a party to this Action and have appeared in this 5 Action on behalf of that party or are affiliated with a law firm that has appeared on behalf of that party, and includes support staff. 6 2.12 Party:Anypartyto this Action, including allof its officers, directors, employees, 7 consultants, retained experts,and OutsideCounselof Record (and their support staffs). 8 2.13 Producing Party: A Party or Non-Party that produces Disclosure or Discovery 9 Material in this Action. 10 2.14 Professional Vendors: Persons or entities that provide litigation support services 11 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and 12 subcontractors. 13 2.15 Protected Material: Any Disclosure or Discovery Material that isdesignated 14 as“HIGHLYCONFIDENTIAL”or“CONFIDENTIAL.” 15 2.16 Receiving Party: A Party that receives Disclosure or Discovery Material from a 16 ProducingParty. 17 3. SCOPE TheprotectionsconferredbythisStipulationand Ordercovernot onlyProtectedMaterial 18 (asdefined above), butalso:(1)anyinformation copiedorextracted from Protected Material; (2) 19 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 20 conversations, orpresentations byParties or their Counselthat might reveal Protected Material. 21 Any use of Protected Material at trial shall be governed by the orders of the trial judge. 22 This Orderdoes not governtheuse of Protected Material attrial. 23 4. DURATION Once a case proceeds to trial, information that was designated as HIGHLY 24 CONFIDENTIAL or CONFIDENTIAL or maintained pursuant to this protective order used or 25 introducedasanexhibitattrialbecomespublicandwillbepresumptivelyavailabletoallmembers 26 ofthepublic,includingthepress,unless compellingreasonssupportedbyspecificfactual findings 27 1 at 1180-81 (distinguishing “good cause” showing for sealing documents produced in discovery 2 from “compelling reasons” standard when merits-related documents are part of court record). 3 Accordingly, the terms of this protective order do not extend beyond the commencement of the 4 trial. 5 5. DESIGNATING PROTECTEDMATERIAL 6 5.1 Exercise of Restraintand Carein Designating Material for Protection 7 EachPartyorNon-PartythatdesignatesinformationoritemsforprotectionunderthisOrder 8 musttakecaretolimitanysuchdesignationtospecificmaterialthatqualifiesundertheappropriate 9 standards. The Designating Party must designate for protection only those parts of material, 10 documents, items or oral or written communications that qualify so that other portions of the 11 material,documents,itemsorcommunicationsforwhichprotectionisnotwarrantedarenotswept 12 unjustifiablywithin theambit of this Order. 13 Mass,indiscriminateorroutinizeddesignationsareprohibited.Designationsthatareshown 14 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 15 encumber the case development process or to impose unnecessary expenses and burdens on other 16 parties)mayexposethe DesignatingPartyto sanctions. 17 IfitcomestoaDesignatingParty’sattentionthatinformationoritemsthatitdesignatedfor 18 protection do not qualify for protection, that Designating Party must promptly notify all other 19 Parties that it is withdrawingtheinapplicable designation. 20 5.2 Mannerand Timing ofDesignations 21 Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) 22 below), or as otherwise stipulated or ordered, Disclosure, or Discovery Material that qualifies for 23 protection under this Order must be clearly so designated before the material is disclosed or 24 produced. 25 Designation in conformitywith this Orderrequires: 26 (a) For information in documentary form (e.g., paper or electronic documents, but 27 excludingtranscripts ofdepositions or other pretrial ortrial proceedings),that theProducingParty 1 affix ata minimum,the legend “HIGHLY CONFIDENTIAL”or“CONFIDENTIAL” (hereinafter 2 “legend”),to each pagethatcontainsprotected material. Ifonlyaportionofthematerialon apage 3 qualifiesforprotection,theProducingPartyalsomustclearlyidentifytheprotectedportion(s)(e.g., 4 bymakingappropriate markings in the margins). 5 A Party or Non-Party that makes original documents available for inspection need not 6 designate them for protection until after the inspecting Party has indicated which documents it 7 would like copied and produced. During the inspection and before the designation, all of the 8 material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL.” After the 9 inspecting Party has identified the documents it wants copied and produced, the Producing Party 10 mustdeterminewhichdocuments,orportionsthereof,qualifyforprotectionunderthisOrder. Then, 11 before producingthespecifieddocuments,theProducingPartymust affix thelegend to each page 12 thatcontainsProtectedMaterial. Ifonlyaportionofthematerialonapagequalifiesforprotection, 13 theProducingPartyalso mustclearlyidentifytheprotectedportion(s)(e.g.,bymakingappropriate 14 markings in the margins). 15 (b) For testimony given in depositions that the Designating Party identifies the 16 Disclosure or Discovery Material on the record, before the close of the deposition all protected 17 testimony. 18 (c) For information produced insome formotherthan documentaryand for any other 19 tangibleitems,thattheProducingPartyaffix inaprominentplaceontheexteriorofthecontainer 20 or containers in which the information is stored the legend “HIGHLY CONFIDENTIAL” or 21 “CONFIDENTIAL.” If only a portion or portions of the information warrants protection, the 22 ProducingParty,totheextentpracticable, shallidentifytheprotectedportion(s). Ifadocumentis 23 produced in its native format, then the filename shall also include the term HIGHLY 24 CONFIDENTIALorCONFIDENTIALat the beginningof the file name. 25 5.3 Inadvertent Failures to Designate 26 If timely corrected, an inadvertent failure to designate qualified information or items does 27 not, standing alone, waive the Designating Party’s right to secure protection under this Order for 1 such material. Upon timelycorrection ofa designation, theReceiving Party mustmake reasonable 2 effortstoassurethatthematerialistreatedinaccordancewiththeprovisionsofthisOrder.AParty 3 may retroactively designate documents previously produced before the entry of this Protective 4 Orderin accordancewith its terms. 5 6. CHALLENGINGCONFIDENTIALITY DESIGNATIONS 6 6.1 Timing of Challenges 7 Any Party or Non-Party may challenge a designation of confidentiality at any time that is 8 consistent with the Court’s Scheduling Order. In the event that counsel for a Party receiving 9 documents, testimony, or information in discovery designated as Highly Confidential or 10 Confidential objects to such designation with respect to anyor all of such items, said counselshall 11 advise counsel for the Designating Party, in writing, of such objections, setting forth the specific 12 documents,testimony,orinformationtowhicheachobjectionpertainsandthespecificreasonsand 13 supportforsuchobjections(the“DesignationObjections”).CounselfortheDesignatingPartyshall 14 have fourteen (14) calendar days after service of the written Designation Objections to meet and 15 confer with the objecting Party in an attempt to resolve the Designation Objections. If the parties 16 are not able to resolve the dispute during the meet-and-confer process, the Designating Party may 17 then, after advising the Requesting Party, file a motion with the Court seeking to preserve any or 18 alldesignationsondocuments,testimony,orinformationaddressedbytheDesignationObjections 19 (the “Designation Motion”). 20 Pending a resolution of the Designation Motion by the Court, any and all existing 21 designationsonthedocuments,testimony,orinformationatissueinsuchDesignationMotionshall 22 remain in place. The Designating Party shall have the burden on any Designation Motion of 23 establishing the applicability of its Highly Confidential or Confidential designation. In the event 24 that the Designating Party does not timely respond to the Designation Objections or fails to file a 25 motion with the Court after the meet and confer, then such documents, testimony, or information 26 shall be de-designated in accordance with the Designation Objections applicable to such material. 27 ThefailureofareceivingPartyexpresslytochallengethedesignationofanydocuments,testimony, 1 orinformation asHighlyConfidentialorConfidentialatthetimeofDisclosureshall not constitute 2 a waiverof the right to challenge thedesignation at anysubsequent time. 3 6.2 Meetand Confer 4 The ChallengingPartyshall initiate the dispute resolution process. 5 6.3 The burden of persuasion in any such challenge proceeding shall be on the 6 Designating Party 7 Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 8 unnecessaryexpensesandburdensonotherparties)mayexposetheChallengingPartytosanctions. 9 Unless the Designating Party has waived or withdrawn the confidentiality designation, all parties 10 shall continue to afford the materialin question the levelof protection to which it is entitledunder 11 the ProducingParty’s designation until theCourtrules on the challenge. 12 7. ACCESS TO AND USE OF PROTECTEDMATERIAL 13 7.1 Basic Principles 14 A Receiving Party may use Protected Material that is disclosed or produced by another 15 Party or by a Non-Party in connection with this Action only for prosecuting, defending or 16 attempting to settle this Action. “HIGHLY CONFIDENTIAL” Material may be disclosed only to 17 the categories of persons and under the conditions described in this Order. When the Action has 18 been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL 19 DISPOSITION). 20 Protected Material mustbe storedand maintained bya ReceivingPartyat alocation and in 21 a secure mannerthatensures thataccess is limited to the persons authorized under this Order. 22 7.2 Disclosure of “HIGHLY CONFIDENTIAL” Information orItems 23 Unless otherwise ordered by the court or permitted in writing by the Designating Party, a 24 Receiving Party may disclose any information or item designated “HIGHLY CONFIDENTIAL” 25 onlyto: 26 (a) The Receiving Party’s Outside Counsel of Record in this Action, as well as 27 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 1 information forthis Action; 2 (b) The in-house counsel, officers, directors, and managerial employees of the 3 ReceivingPartyto whom disclosureis reasonablynecessaryfor this Action; 4 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 5 reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement 6 to Be Bound” (Exhibit A); 7 (d) The courtand its personnel; 8 (e) Courtreporters and their staff; 9 (f) Professional jury or trial consultants, mock jurors, and Professional Vendors to 10 whom disclosure is reasonably necessary for this Action and who have signed the 11 “Acknowledgment and Agreement to Be Bound” (ExhibitA); 12 (g) The author or recipient of a document containing the information or a custodian or 13 other person who otherwise possessedorknew the information; 14 (h) During their depositions, witnesses, and attorneys for witnesses, in the Action to 15 whom disclosure is reasonablynecessaryprovided: 16 (1) The deposing party requests that the witness sign the form attached as 17 Exhibit Ahereto; and 18 (2) The deponent will not be permitted to keep any confidential information 19 unlesstheysignthe“AcknowledgmentandAgreementtoBeBound”(ExhibitA),unlessotherwise 20 agreedbytheDesignatingPartyorordered bythe court.Pagesoftranscribeddepositiontestimony 21 or exhibits to depositions that reveal Protected Material may be separately bound by the court 22 reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective 23 Orderand the deponentforthepurposes of reviewingand correctingthe deposition transcript; and 24 (i) Anymediatororsettlementofficer,andtheirsupportingpersonnel,mutuallyagreed 25 upon byanyof the parties engagedin settlement discussions. 26 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 27 OTHER LITIGATION 1 IfaPartyis served withasubpoenaoracourtorderissuedin otherlitigationthatcompels 2 disclosureofanyinformationoritemsdesignatedinthisActionas“HIGHLYCONFIDENTIAL” 3 or “CONFIDENTIAL,” thatPartymust: 4 (a) Promptlynotifyin writingtheDesignatingParty. Suchnotificationshallincludea 5 copyof thesubpoena or court order; 6 (b) Promptly notify in writing the party who caused the subpoena or court order to 7 notify all interested parties that some or all of the material covered by the subpoena or order is 8 subjecttothisProtectiveOrder. SuchnotificationshallincludeacopyofthisStipulatedProtective 9 Order; and 10 (c) Cooperate with respect to all reasonable procedures sought to be pursued by the 11 DesignatingPartywhose ProtectedMaterialmay beaffected. 12 IftheDesignatingPartytimelyseeksaprotectiveorder,thePartyservedwiththesubpoena 13 or court order shall not produce any information designated in this action as “HIGHLY 14 CONFIDENTIAL” or “CONFIDENTIAL” before a determination by the court from which the 15 subpoena or order issued unless the Party has obtained the Designating Party’s permission. The 16 Designating Party shall bear the burden and expense of seeking protection in that court of its 17 confidential material and nothing in these provisions should be construed as authorizing or 18 encouraging aReceiving Partyin this Action to disobeya lawful directivefrom anothercourt. 19 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 20 PRODUCED IN THIS LITIGATION 21 (a) The terms of this Order are applicable to information produced by a Non-Party in 22 this Action and designated as “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL.” Such 23 informationproducedbyNon-Partiesinconnectionwiththislitigationisprotectedbytheremedies 24 andreliefprovidedbythisOrder.Nothingin these provisionsshouldbe construedas prohibitinga 25 Non-Partyfrom seeking additionalprotections. 26 (b) Inthe eventthataPartyisrequired,byavaliddiscoveryrequest, toproduceaNon- 27 Party’s Confidential or Highly Confidential information in its possession, and the Party is subject 1 to an agreement with the Non-Partynot to produce the Non-Party’s confidential information, then 2 the Partyshall: 3 (1) Promptly notify in writing the Requesting Party and the Non- Party that 4 someoralloftheinformationrequestedissubjecttoaconfidentialityagreementwithaNon-Party; 5 (2) Promptly provide the Non-Party with a copy of the Stipulated Protective 6 Orderinthis Action,therelevant discoveryrequest(s),and a reasonablyspecificdescriptionofthe 7 information requested; and 8 (3) Make the information requested available for inspection by the Non-Party, 9 if requested. 10 (c) If the Non-Party fails to seek a protective order from this court within 14 days of 11 receiving the notice and accompanying information, the Receiving Party may produce the Non- 12 Party’s confidentialinformationresponsivetothediscoveryrequest. Ifthe Non-Partytimelyseeks 13 aprotectiveorder,theReceivingPartyshallnotproduceanyinformationinitspossessionorcontrol 14 that is subject to the confidentiality agreement with the Non-Party before a determination by the 15 court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense of 16 seekingprotection in this court ofits Protected Material. 17 10. UNAUTHORIZED DISCLOSURE OFPROTECTED MATERIAL 18 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 19 MaterialtoanypersonorinanycircumstancenotauthorizedunderthisStipulatedProtectiveOrder, 20 the Receiving Party must immediately: (a) notify in writing the Designating Party of the 21 unauthorizeddisclosures;(b)useitsbesteffortsto retrieveallunauthorizedcopiesoftheProtected 22 Material; (c) inform the person or persons to whom unauthorized disclosures were made of all the 23 terms of this Order; and (d) request such person or persons to execute the “Acknowledgment and 24 Agreement to Be Bound” that is attached hereto as ExhibitA. 25 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 26 PROTECTEDMATERIAL 27 When a Producing Party gives notice to Receiving Parties that certain inadvertently 1 produced material is subject to a claim of privilege or other protection, the obligations of the 2 ReceivingParties arethoseset forth in Federal Rule of Civil Procedure 26(b)(5)(B). 3 12. MISCELLANEOUS 4 12.1 Right to FurtherRelief 5 Nothingin thisOrder abridgestheright of anypersontoseekitsmodificationbytheCourt 6 in thefuture. 7 12.2 Right to AssertOther Objections 8 By stipulating to the entry of this Protective Order, no Party waives any right it otherwise 9 would have to object to disclosing or producing any information or item on any ground not 10 addressedin thisStipulatedProtectiveOrder.Similarly,noPartywaivesanyrighttoobjectonany 11 ground to use in evidenceof anyofthematerial covered bythis Protective Order. 12 12.3 Filing Protected Material 13 A Party that seeks to file under seal any “HIGHLY CONFIDENTIAL” and/or 14 “CONFIDENTIAL” Materialmust complywith Local Rule IA 10-5. ProtectedMaterialmayonly 15 be filed under seal pursuant to a court order authorizing the sealing of the specific Protected 16 Material at issue. If a Party’s request to file Protected Material under seal is denied by the court, 17 then the Receiving Party may file the information in the public record unless otherwise instructed 18 bythecourt. 19 13. FINAL DISPOSITION 20 After the Final Disposition of this Action, within 60 days of a written request by the 21 Designating Party, each Receiving Partymust return all Protected Material to the Producing Party 22 or destroy such material. “Final disposition” shall be defined as the final determination of this 23 Action,whether bysettlement, dismissal,or the entryof judgmentbya court of law, includingthe 24 exhaustionorexpirationoftherighttoexerciseanyappellateremedies.Asusedinthissubdivision, 25 “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other 26 format reproducing or capturing any of the Protected Material. Whether the Protected Material is 27 returned or destroyed, the Receiving Party must submit a written certification to the Producing 1|| Party (and, if not the same person or entity, to the Designating Party) by the 60 day deadline that 2|| (1) identifies (by category, where appropriate) all the Protected Material that was returned o1 3|| destroyed; and (2) affirms that the Receiving Party has not retained any copies, abstracts 4|| compilations, summaries or any other format reproducing or capturing any of the Protectec 5|| Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of al 6|| pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda 7|| correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultan 8}| and expert work product, even if such materials contain Protected Material. Any such archiva 9|| copies that contain or constitute Protected Material remain subject to this Protective Order as se 10|| forth in Section 4 (DURATION). 11}| 14. VIOLATION 12 Any violation of this Order may be punished by appropriate measures including, withou 13|| limitation, contempt proceedings and/or monetary sanctions. 14 15 IT IS SO ORDERED. 16 17 Dated: September 11, 2024 © 18 19 ZK gam les We Ene Hon. Brenda Weksler 20 U.S. Magistrate Judge 2] 22 23 24 25 26 27 28
1 2 3 EXHIBIT A 4 ACKNOWLEDGMENT ANDAGREEMENT TO BE BOUND 5 I, ___________________________ [print or type full name], of____________________ 6 [print or type full address],declareunder penaltyofperjurythat Ihave read in its entiretyand 7 understand the Stipulated Protective Orderthatwas issuedbytheUnited States District Court for 8 the District of Nevada on [date] in thecaseof Kinderv. LM Insurance Corporation, etal.,Case 9 No.2:23-cv-01338-JAD-BNW. Iagree to complywith and to be bound byall the terms ofthis 10 StipulatedProtectiveOrderand Iunderstand and acknowledge thatfailureto so complycould 11 exposemeto sanctions and punishment in the nature ofcontempt. Isolemnlypromise that Iwill 12 not disclose in anymanneranyinformation oritem thatis subjectto this Stipulated Protective 13 Orderto anyperson or entityexceptin strict compliancewith the provisions of this Order. I 14 furtheragree to submit tothe jurisdiction of the United States District Courtfor theDistrict of 15 Nevada for thepurposeof enforcingtheterms ofthis Stipulated Protective Order, even ifsuch 16 enforcement proceedings occuraftertermination ofthis action. 17 Iherebyappoint________________________________ [print ortypefull name] of 18 ________________________ [printor type full address and telephone number] as myNevada 19 agent for serviceofprocess in connection with this action or anyproceedings related to 20 enforcement of this Stipulated Protective Order. 21 Date: _________________________________ 22 Cityand State whereswornand signed: ______________________________ 23 Printed name:_______________________________ 24 25 Signature: _______________________________ 26 27