Oronoz v. Washoe County School District

• Court: District Court, D. Nevada
• Decided: March 5, 2025
• Docket: 3:24-cv-00478
• Status: Unknown

Opinion

1 || Sara K. Montalvo, Esq., Nev. Bar No. 11899 sara.montalvo@washoeschools.net 2 || Kevin A. Pick, Esq., Nev. Bar No. 11683 kevin.pick@washoeschools.net 3 || WASHOE COUNTY SCHOOL DISTRICT P.O. Box 30425 4 || Reno, NV 89520-3425 Telephone: 775-348-0300 5 Fax: 775-333-6010 Attorneys for Defendant Washoe County School District 6 7 UNITED STATES DISTRICT COURT

o 8 IN AND FOR THE DISTRICT OF NEVADA ch 9 |} CRISTINA ORONOZ, CASE NO.: 3:24-cv-00478-MMD-CLB ak 10 Plaintiff, Ell Vs. STIPULATED PROTECTIVE ORDER © 12 || WASHOE COUNTY SCHOOL DISTRICT, and DOES I-X, 2 13 = Defendants. “R14 / 3 15 Pursuant to Federal Rule of Civil Procedure (FRCP) 26(c), in order to protect the © 16 confidentiality of confidential information obtained by the Parties in connection with this case, ‘7 || the Parties hereby agree as follows: 8 Any Party or non-party may designate as “confidential” (by stamping the relevant page or 19 as otherwise set forth herein) any document or response to discovery which that Party or non- 20 party considers in good faith to contain information (herein referred to as “Confidential 21 || Information”) involving: (a) employment records of any employees or former employees of any 22 || Party; (b) confidential notes, memoranda, and statements regarding non-party employees; (c) 23 || confidential information concerning the discipline and/or termination of non-party employees and 24 || former employees; (d) any document or response to discovery which that party considers in good

1 || faith to contain information subject to protection under the Federal Rules of Civil Procedure or 2 || Nevada law; (e) medical records, including medical bills and psychological records, and medical 3 || information of any person, whether a Party or non-party to the present litigation; and (f) the name, 4 |\identity, record or personally identifiable information of any student or former student of 5 Defendant Washoe County School District which information is protected by the Family 6 || Educational Rights and Privacy Act of 1974, 20 U.S.C. §1232g (FERPA) and any other personally 7 ||identifiable information subject to protection under the Federal Rules of Civil Procedure or

> 8 Nevada law, as “confidential” by stamping the relevant page or as otherwise set forth herein. : 9 || Where a document or response consists of more than one page, the first page and each page on || which confidential information appears shall be so designated. as “confidential” by stamping the

3 E ||relevant page or as otherwise set forth herein. ‘ : 12 1. A Party or non-party may designate information disclosed during a deposition or 23 ||in response to written discovery as “confidential” by so indicating in said response or on the '4 record at the deposition and requesting the preparation of a separate transcript of such material. 5 || Additionally, a Party or non-party may designate in writing, within twenty (20) days after receipt '6 || of said responses or of the deposition transcript for which the designation is proposed, that specific || pages of the transcript and/or specific responses be treated as “confidential” information. Any '8 || other Party may object to such proposal, in writing or on the record. Upon such objection, the 19 || Parties shall follow the procedures described herein below. After any designation made according 20 || to the procedure set forth in this paragraph, the designated documents or information shall be 21 treated according to the designation until the matter is resolved according to the procedures 22 || described herein below, and counsel for all Parties shall be responsible for making all previously 23 || unmarked copies of the designated material in their possession or control with the specified 24 || designation.

] 2. All information produced or exchanged in the course of this case (other than 2 ||information that is publicly available) shall be used by the Party or Parties to whom the 3 || mformation is produced solely for the purpose of this case. 4 3. Except with the prior written consent of other Parties, or upon prior order of this 5 || Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed 6 || to any person other than: 7 a) Counsel for the respective Parties to this litigation, including in-house

> 8 counsel and co-counsel retained for this litigation; : 9 b) Employees of such counsel; Cc) Individual defendants, class representatives, any officer or employee of a

3 E || Party, to the extent deemed necessary by Counsel for the prosecution or defense of this litigation; ‘ : 12 d) Consultants or expert witnesses retained for the prosecution or defense of 2 || this litigation, provided that each such person shall execute a copy of the Certification annexed to this Order as Exhibit “A” (which shall be retained by counsel to the Party so disclosing the 5 '5 || Confidential Information and made available for inspection by opposing counsel during the '6 || pendency or after the termination of the action only upon good cause shown and upon order of || the Court) before being shown or given any Confidential Information; 8 e) Any authors or recipients of the Confidential Information; 19 f) The Court, Court personnel, and court reporters; and 20 g) Non-party witnesses (other than persons described in paragraph 4(e)). A 21 ||non-party witness (other than persons described in paragraph 4(c) and 4(e)) shall sign the 22 || Certification before being shown a confidential document. Confidential Information may be 23 || disclosed to a non-party witness (other than persons described in paragraph 4(c) and 4(e)) who 24 will not sign the Certification only in a deposition at which the Party who designated the

1 || Confidential Information is represented or has been given notice that Confidential Information 2 ||shall be designated “Confidential”, as set forth herein above. Witnesses shown Confidential 3 || Information shall not be allowed to retain copies. 4 4. If a party wishes to use a document which has been marked as Confidential as an 5 || exhibit to a motion or pleading filed with the Court, the party may do so without seeking that the 6 ||entire document be filed under seal by redacting the “confidential information” from the 7 || document.

> 8 5. Any persons receiving Confidential Information shall not reveal or discuss such 9 || information to or with any person who is not entitled to receive such information, except as set || forth herein.

3 E 6. Unless otherwise permitted by statute, rule or prior court order, papers filed with ‘ : 12 □□□ court under seal shall be accompanied by a contemporaneous motion for leave to file those 2 13 || documents under seal, and shall be filed consistent with the court’s electronic filing procedures '4 || in accordance with Local Rule IA 10-5 and shall also comply with the requirements of Center for 5 || Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016). Notwithstanding any '6 agreement among the Parties, the Party seeking to file a paper under seal bears the burden of || overcoming the presumption in favor of public access to papers filed in court. Kamakana v. City '8 || and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006); Pintos v. Pac. Creditors Ass’n, 605 F.3d 19 || 665, 677- 78 (9th Cir. 2010). 20 7. A Party may designate as “Confidential” documents or discovery materials 21 || produced by a non-party by providing written notice to all Parties of the relevant document 22 |}numbers or other identification within thirty (30) days after receiving such documents or 23 || discovery materials. Any Party or non-party may voluntarily disclose to others without restriction 24

1 || any information designated by that Party or non-party as confidential, although a document may 2 || lose its confidential status if it is made public. 3 8. If a Party contends that any material is not entitled to confidential treatment, such 4 || Party may at any time give written notice to the Party or non-party who designated the material. 5 || The Party or non-party who designated the material shall have twenty-five (25) days from the 6 ||receipt of such written notice to apply to the Court for an order designating the material as 7 || confidential. The Party or non-party seeking the order has the burden of establishing that the

> 8 document is entitled to protection. : 9 9. Notwithstanding any challenge to the designation of material as Confidential || Information, all documents shall be treated as such and shall be subject to the provisions hereof

3 E || unless and until one of the following occurs: ‘ : 12 a) The Party or non-party claims that the material is Confidential Information 2 || withdraws such designation in writing; or 4 b) The Party or non-party who claims that the material is Confidential 5 '5 || Information fails to apply to the Court for an order designating the material confidential within || the time period specified above after receipt of a written challenge to such designation; or 17 Cc) The Court rules the material is not confidential. 8 10. — All provisions of this Order restricting the communication or use of Confidential 19 || Information shall continue to be binding after the conclusion of this action, unless otherwise 20 || agreed or ordered. Upon conclusion of the litigation, a Party in the possession of Confidential 21 Information, other than that which is contained in pleadings, correspondence, and deposition 22 || transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion 23 || of this action to counsel for the Party or non-party who provided such information, or (b) destroy 24 ///

1 || such documents within the time period upon consent of the Party who provided the information 2 || and certify in writing within thirty (30) days that the documents have been destroyed. 3 11. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the 4 || use of documents at trial. 5 □□□ Nothing herein shall be deemed to waive any applicable privilege or work product 6 || protection, or to affect the ability of a Party to seek relief for an inadvertent disclosure of material 7 || protected by privilege or work product protection. o 8 13. Any witness or other person, firm or entity from which discovery 1s sought may S = 9 ||be informed of and may obtain the protection of this Order by written advice of the Parties’ 10 respective counsel or by oral advice at the time of any deposition or similar proceeding.

3 £ 1 14. This Court will only retain jurisdiction to enforce the terms of this Order while this

S 12 |) case is pending and its jurisdiction will terminate upon the dismissal of this case. . 13 DATED this 5® day of March, 2025. DATED this 5" day of March, 2025. on =R 14 DREHER LAW WASHOE COUNTY SCHOOL DISTRICT OFFICE OF THE GENERAL COUNSEL

5 15 16 By: /s/Ronald J. Dreher, Esq. By: /s/ Sara K. Montalvo, Esq. Ronald J. Dreher, Esq. Sara K. Montalvo, Esq. 17 ron@dreherlaw.net sara.montavlo@washoeschools.net PO Box 6494 Kevin A. Pick, Esq. 18 Reno, Nevada 89513 kevin.pick@washoeschools.net Attorney for Cristina Oronoz P.O. Box 30425 19 Reno, Nevada 89520-3425 Attorney for Washoe County School District 20 21 IT IS SO ORDERED. 22 DATED: March 5, 2025 23 UNITED STATES MAGISTRATE JUDGE 24

1 EXHIBIT A 2 CERTIFICATION 3 I hereby certify my understanding that Confidential Information is being provided to me 4 ||pursuant to the terms and restrictions of the Stipulated Protective Order dated 5 , 2025, filed in Case No. 3:24-cv-00478. I have been given a copy of that 6 || Order and read it. I agree to be bound by the Order. I will not reveal the Confidential Information 7 ||to anyone, except as allowed by the Order. I will maintain all such Confidential Information—

> 8 including copies, notes, or other transcriptions made therefrom — in a secure manner to prevent 9 || unauthorized access to it. No later than thirty (30) days after the conclusion of this action, I will ||return the Confidential Information—including copies, notes or other transcriptions made

3 E || therefrom — to the counsel who provided me with the Confidential Information. I hereby consent ‘ : 12 to the jurisdiction of the United States District Court for the purpose of enforcing the Stipulated 13 || Protective Order. © DATED: 2 Signature 16 PrintedName s—‘“‘isOCSCS™S 17 18 19 20 21 22 23 24