1 E. MARTIN ESTRADA United States Attorney 2 || DAVID M. HARRIS Assistant United States Attorney 3 || Chief, Civil Division JOANNE S. OSINOFF 4 || Assistant United States Attorney. Chief, Complex and Defensive Litigation Section 5 || JASON K. AXE Assistant United States Attorney 6 || California Bar Number 187101 Federal Building, Suite 7516 7 300 North Los geles Street Los Angeles, California 90012 8 Telephone: (213) 894-8790 Facsimile: (213) 894-7819 9 E-mail: J ason.Axe@usdoj Gov Attorneys for Defendant United States 10 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 CHANDAN MANANSINGH, et al., Case No. 2:20-cv-01139 DWM 14 Plaintiffs, STIPULATED PROTECTIVE ORDER 15 v. 16 UNITED STATES OF AMERICA, et 17 18 Defendants. 19 20 21 22 23 24 25 26 27 28
1 Pursuant to Federal Rule of Civil Procedure 26(c)(1), in order to protect the 2 || confidentiality of confidential information obtained and produced by the parties in 3 || connection with this case, the parties hereby agree as follows: 4 1. Any party or non-party may designate as “confidential” (by stamping the 5 || relevant page or otherwise as set forth herein) any document or response to discovery 6 || which that party or non-party considers in good faith to contain confidential information, 7 || subject to protection under the Federal Rules of Civil Procedure, or state or federal law 8 || (“Confidential Information”). Where a document or response consists of more than one 9 || page, the first page and each page on which confidential information appears shall be so 10 } designated. This protective order shall also constitute an authorizing order of a court of 11 || competent jurisdiction under 5 U.S.C. § 552a(b)(11) (part of the Privacy Act). 12 2. □ party or non-party may designate information disclosed during a 13 deposition or in response to written discovery as “confidential” by so indicating in said 14 | response or a party or non-party may designate in writing, within twenty (20) days after 15. receipt of said responses or of the deposition transcript for which the designation is 16 || proposed, that specific pages of the transcript and/or specific responses be treated as 17 || “confidential” information. Any other party may object to such proposal, in writing or on 18 || the record. Upon such objection, the parties shall follow the procedures described in 19 || paragraph 8 below. After any designation made according to the procedure set forth in 20 | this paragraph, the designated documents or information shall be treated according to the 21 || designation until the matter is resolved according to the procedures described in 22 || paragraph 8 below, and counsel for all parties shall be responsible for making all 23 || previously unmarked copies of the designated material in their possession or control with 24 || the specific designation. 25 3. All information produced or exchanged in the course of this case (other than 26 || information that is publicly available) shall be used by the party or parties to whom the 27 | information is produced solely for the purpose of this case. 28 4. Except with the prior written consent of other parties and the non-party
1 || providing the Confidential Information, if applicable, or upon the prior order of this 2 || Court obtained upon notice to opposing counsel, Confidential Information shall not be 3 || disclosed to any person other than: 4 a. counsel for the respective parties to this litigation, including in-house 5 || counsel and co-counsel retained for this litigation; 6 b. employees of such counsel; 7 c. individual parties, class representatives, any officer or employee of a 8 || party, to the extent deemed necessary by Counsel for the prosecution or defense of this 9 || litigation; 10 d. consultants or expert witnesses retained for the prosecution or 11 || defense of this litigation, provided that each such person shall execute a copy of the 12 || Certification annexed to this Order as Exhibit “A” (which shall be retained by counsel to 13 | the party so disclosing the Confidential Information and made available for inspection by 14 || opposing counsel during the pendency or after the termination of the action only upon 15 || good cause shown and upon order of the Court) before being shown or given any 16 || Confidential Information; 17 e. any authors or recipients of the Confidential Information; 18 f. the Court, Court personnel, and court reporters; and 19 g. witnesses (other than persons described in paragraph 6(e)). A witness 20 jj shall sign the Certification before being shown a confidential document. Confidential 21 || Information may be disclosed to a witness who will not sign the Certification only in a 22 || deposition at which the party who designated the Confidential Information is represented 23 |j or has been given notice that Confidential Information shall be designated “Confidential” 24 || pursuant to paragraph 2 above. Witnesses shown Confidential Information shall not be 25 || allowed to retain copies. 26 5. Any persons receiving Confidential Information shall not reveal or discuss 27 | such information to or with any person who is not entitled to receive such information, 28 || except as set forth herein.
1 6. Unless otherwise permitted by statute, rule or prior court order, papers filed 2 || with the Court under seal shall be accompanied by a contemporaneous motion for leave 3 | to file those documents under seal, and shall be filed consistent with the court’s 4 | electronic filing procedures in accordance with Local Rule JA 10-5. Notwithstanding any 5 || agreement among the parties, the party seeking to file a paper under seal bears the 6 || burden of overcoming the presumption in favor of public access to papers filed in court. 7 || Kamakana vy. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006); Pintos v. 8 || Pac. Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2010), and Center for Auto Safety 9 |v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016). 10 7. A party may designate as “Confidential” documents or discovery materials 11 || produced by a non-party by providing written notice to all parties of the relevant 12 || document numbers of other identification within thirty (30) days after receiving such 13 || documents or discovery materials. Any party or non-party may voluntarily disclose to 14 || others without restriction any information designated by that party or non-party as 15 || confidential, although a document may lose its confidential status if it is made public. 16 8. If a party contends that any material is not entitled to confidential treatment, 17 || such party may at any time give written notice to the party or non-party who designated 18 || the material. The party or non-party who designated the material shall have twenty-five 19 || (25) days from the receipt of such written notice to apply to the Court for an order 20 || designating the material as confidential. The party or non-party seeking the order has the 21 || burden of establishing that the document is entitled to protection. 22 9. Notwithstanding any challenge to the designation of material as 23 jj Confidential Information, all documents shall be treated as such and shall be subject to 24 | the provisions hereof unless and until one of the following occurs: 25 a. the party or non-party claims that the material is Confidential 26 || Information withdraws such designation in writing; or 27 b.
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1 E. MARTIN ESTRADA United States Attorney 2 || DAVID M. HARRIS Assistant United States Attorney 3 || Chief, Civil Division JOANNE S. OSINOFF 4 || Assistant United States Attorney. Chief, Complex and Defensive Litigation Section 5 || JASON K. AXE Assistant United States Attorney 6 || California Bar Number 187101 Federal Building, Suite 7516 7 300 North Los geles Street Los Angeles, California 90012 8 Telephone: (213) 894-8790 Facsimile: (213) 894-7819 9 E-mail: J ason.Axe@usdoj Gov Attorneys for Defendant United States 10 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 CHANDAN MANANSINGH, et al., Case No. 2:20-cv-01139 DWM 14 Plaintiffs, STIPULATED PROTECTIVE ORDER 15 v. 16 UNITED STATES OF AMERICA, et 17 18 Defendants. 19 20 21 22 23 24 25 26 27 28
1 Pursuant to Federal Rule of Civil Procedure 26(c)(1), in order to protect the 2 || confidentiality of confidential information obtained and produced by the parties in 3 || connection with this case, the parties hereby agree as follows: 4 1. Any party or non-party may designate as “confidential” (by stamping the 5 || relevant page or otherwise as set forth herein) any document or response to discovery 6 || which that party or non-party considers in good faith to contain confidential information, 7 || subject to protection under the Federal Rules of Civil Procedure, or state or federal law 8 || (“Confidential Information”). Where a document or response consists of more than one 9 || page, the first page and each page on which confidential information appears shall be so 10 } designated. This protective order shall also constitute an authorizing order of a court of 11 || competent jurisdiction under 5 U.S.C. § 552a(b)(11) (part of the Privacy Act). 12 2. □ party or non-party may designate information disclosed during a 13 deposition or in response to written discovery as “confidential” by so indicating in said 14 | response or a party or non-party may designate in writing, within twenty (20) days after 15. receipt of said responses or of the deposition transcript for which the designation is 16 || proposed, that specific pages of the transcript and/or specific responses be treated as 17 || “confidential” information. Any other party may object to such proposal, in writing or on 18 || the record. Upon such objection, the parties shall follow the procedures described in 19 || paragraph 8 below. After any designation made according to the procedure set forth in 20 | this paragraph, the designated documents or information shall be treated according to the 21 || designation until the matter is resolved according to the procedures described in 22 || paragraph 8 below, and counsel for all parties shall be responsible for making all 23 || previously unmarked copies of the designated material in their possession or control with 24 || the specific designation. 25 3. All information produced or exchanged in the course of this case (other than 26 || information that is publicly available) shall be used by the party or parties to whom the 27 | information is produced solely for the purpose of this case. 28 4. Except with the prior written consent of other parties and the non-party
1 || providing the Confidential Information, if applicable, or upon the prior order of this 2 || Court obtained upon notice to opposing counsel, Confidential Information shall not be 3 || disclosed to any person other than: 4 a. counsel for the respective parties to this litigation, including in-house 5 || counsel and co-counsel retained for this litigation; 6 b. employees of such counsel; 7 c. individual parties, class representatives, any officer or employee of a 8 || party, to the extent deemed necessary by Counsel for the prosecution or defense of this 9 || litigation; 10 d. consultants or expert witnesses retained for the prosecution or 11 || defense of this litigation, provided that each such person shall execute a copy of the 12 || Certification annexed to this Order as Exhibit “A” (which shall be retained by counsel to 13 | the party so disclosing the Confidential Information and made available for inspection by 14 || opposing counsel during the pendency or after the termination of the action only upon 15 || good cause shown and upon order of the Court) before being shown or given any 16 || Confidential Information; 17 e. any authors or recipients of the Confidential Information; 18 f. the Court, Court personnel, and court reporters; and 19 g. witnesses (other than persons described in paragraph 6(e)). A witness 20 jj shall sign the Certification before being shown a confidential document. Confidential 21 || Information may be disclosed to a witness who will not sign the Certification only in a 22 || deposition at which the party who designated the Confidential Information is represented 23 |j or has been given notice that Confidential Information shall be designated “Confidential” 24 || pursuant to paragraph 2 above. Witnesses shown Confidential Information shall not be 25 || allowed to retain copies. 26 5. Any persons receiving Confidential Information shall not reveal or discuss 27 | such information to or with any person who is not entitled to receive such information, 28 || except as set forth herein.
1 6. Unless otherwise permitted by statute, rule or prior court order, papers filed 2 || with the Court under seal shall be accompanied by a contemporaneous motion for leave 3 | to file those documents under seal, and shall be filed consistent with the court’s 4 | electronic filing procedures in accordance with Local Rule JA 10-5. Notwithstanding any 5 || agreement among the parties, the party seeking to file a paper under seal bears the 6 || burden of overcoming the presumption in favor of public access to papers filed in court. 7 || Kamakana vy. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006); Pintos v. 8 || Pac. Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2010), and Center for Auto Safety 9 |v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016). 10 7. A party may designate as “Confidential” documents or discovery materials 11 || produced by a non-party by providing written notice to all parties of the relevant 12 || document numbers of other identification within thirty (30) days after receiving such 13 || documents or discovery materials. Any party or non-party may voluntarily disclose to 14 || others without restriction any information designated by that party or non-party as 15 || confidential, although a document may lose its confidential status if it is made public. 16 8. If a party contends that any material is not entitled to confidential treatment, 17 || such party may at any time give written notice to the party or non-party who designated 18 || the material. The party or non-party who designated the material shall have twenty-five 19 || (25) days from the receipt of such written notice to apply to the Court for an order 20 || designating the material as confidential. The party or non-party seeking the order has the 21 || burden of establishing that the document is entitled to protection. 22 9. Notwithstanding any challenge to the designation of material as 23 jj Confidential Information, all documents shall be treated as such and shall be subject to 24 | the provisions hereof unless and until one of the following occurs: 25 a. the party or non-party claims that the material is Confidential 26 || Information withdraws such designation in writing; or 27 b. the party or non-party who claims that the material is Confidential 28 || Information fails to apply to the Court for an order designating the material confidential
1 || within the time period specified above after receipt of a written challenge to such 2 {| designation; or 3 c. the Court rules the material is not confidential. 4 10. All provisions of this Order restricting the communication or use of 5 || Confidential Information shall continue to be binding after the conclusion of this action, 6 || unless otherwise agreed or ordered. Upon conclusion of the litigation, a party in the 7 || possession of Confidential Information, other than that which is contained in pleadings, 8 || correspondence, and deposition transcripts, shall either (a) return such documents no 9 || later than thirty (30) days after conclusion of this action to counsel for the party or non- 10 || party who provided such information, or (b) destroy such documents within the time 11 |] period upon consent of the party who provided the information and certify in writing 12 || within thirty (30) days that the documents have been destroyed. 13 11. The terms of this Order do not preclude, limit, restrict, or otherwise apply to 14 || the use of documents at trial. 15 12. Nothing herein shall be deemed to waive any applicable privilege or work 16 || product protection, or to affect the ability of a party to seek relief for an inadvertent 17 || disclosure of material protected by privilege or work protection. Nothing herein and no 18 || future, voluntary act by the United States, such as attending a deposition noticed by 19 | another party, shall constitute an alteration or waiver of the Court’s Order (ECF No. 99) 20 || staying discovery as to Defendant United States. 21 13. Any witness or other person, firm or entity from which discovery is sought 22 || may be informed of and may obtain the protection of this Order by written advice to the 23 || parties’ respective counsel or by oral advice at the time of any deposition or similar 24 || proceeding. 25 26 27 28
1 14. This Protective Order does not preclude or limit the existing rights and 2 | authorizations, such as a routine use, that the government otherwise has to access and 3 || disclose information and records that may be subject to the Privacy Act or other 4 || protection or privilege. 5 6 7 || Dated: January 20, 2025 Dated: January 13, 2025 8 | MCMENEMY | HOLMES PLLC E. MARTIN ESTRADA 1645 Village Center Circle, Suite 291 United States Attorney 9 || Las Vegas, Nevada 89134 DAVID M. HARRIS Assistant United States Attorney 10 Chief, Civil Division JOANNE S. OSINOFF 11 Assistant United States Attorney, Chief, Complex and Defensive Litigation Section 12 /s/ Dustun H. Holmes /s/ Jason K. Axe 13 || Dustun H. Holmes, Esq., #12776 JASON K. AXE Ilan M. McMenemy, Esq., #13190 Assistant United States Attorney 14 Attornevs for Defendant 15 16 17 ORDER 18 ~ 19 ITISSOO RED. 20 21 TED STATES DISTRICT JUDGE 23 24 ~f— DATED: , 2025. 25 26 27 28
1 EXHIBIT “A” 2 CERTIFICATION 3 I hereby certify my understanding that Confidential Information is being provided 4 || to me pursuant to the terms and restrictions of the Protective Order filed January 20, 5 || 2025, in Manansingh, et al. v. United States, et al., Case No. 2:20-cv-01139-DWM. 6 I have been given a copy of that Order and read it. I agree to be bound by the 7 || Order. I will not reveal the Confidential Information to anyone, except as allowed by the 8 | Order. I will maintain all such Confidential Information — including copies, notes, or 9 || other transcriptions made therefrom — in a secure manner to prevent unauthorized access 10 || to it. No later than thirty (30) days after the conclusion of this action, I will return the 11 || Confidential Information — including copies, notes, or other transcriptions made 12 || therefrom — to the counsel who provided me with the Confidential Information. I hereby 13 || consent to the jurisdiction of the United States District Court for the purpose of 14 | enforcing the Protective Order. 15 16 DATED: . 17 TT 18 19 20 21 22 23 24 25 26 27 28