1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 4 KALLI PRENDERGAST, an individual, CASE NO.: 3:24-cv-00491-MMD-CSD 5 Plaintiff, 6 vs. ORDER GRANTING 7 STIPULATED PROTECTIVE ORDER CITY OF RENO, NEVADA; ERIC 8 HAGUE, an individual; WASHOE COUNTY, NEVADA; SHELLY L. 9 TONE, an individual; and DOES 1-10, 10 inclusive Defendants. / 11 In order to protect the confidentiality of confidential information obtained by the 12 parties in connection with this case, the parties hereby agree as follows: 13 1. Any party or non-party may designate as "confidential" (by stamping the relevant page 14 or other otherwise set forth herein) any document or response to discovery which that 15 party or non-party considers in good faith to contain information involving trade 16 secrets, or confidential business or financial information, subject to protection under 17 the Federal Rules of Civil Procedure or Nevada law ("Confidential Information"). 18 Where a document or response consists of more than one page, the first page and each 19 page on which confidential information appears shall be so designated. 20 2. A party or non-party may designate information disclosed during a deposition or in 21 response to written discovery as "confidential" by so indicating in said response or on 22 the record at the deposition and requesting the preparation of a separate transcript of 23 such material. Additionally a party or non-party may designate in writing, within twenty 24 (20) days after receipt of said responses or of the deposition transcript for which the 25 designation is proposed, that specific pages of the transcript and/or specific responses 26 be treated as "confidential" information. Any other party may object to such proposal, 27 in writing or on the record. Upon such objection, the parties shall follow the procedures 28 described in paragraph 8 below. After any designation made according to the procedure Reno City Attorney 1 set forth in this paragraph, the designated documents or information shall be treated 2 according to the designation until the matter is resolved according to the procedures 3 described in paragraph 8 below, and counsel for all parties shall be responsible for 4 making all previously unmarked copies of the designated material in their possession or 5 control with the specified designation. 6 3. Information, documents or things which are produced or disclosed by electronic 7 means may be designated “confidential” by so indicating in writing as described in 8 section 2, above. The parties shall have thirty (30) days from the date this Protective 9 Order is entered to so designate information, documents or things which were 10 produced prior to the entry of this Order. 11 4. All information produced or exchanged in the course of this case (other than 12 information that is publicly available) shall be used by the party or parties to whom 13 the information is produced solely for the purpose of this case. 14 5. Except with the prior written consent of other parties, or upon prior order of this Court 15 obtained upon notice to opposing counsel, Confidential Information shall not be disclosed 16 to any person other than: 17 (a)counsel for the respective parties to this litigation, including in-house counsel and 18 co- counsel retained for this litigation; 19 (b) employees of such counsel who need access to the information; 20 (c) individual defendants, class representatives, any officer or employee of a party, to 21 the extent deemed necessary by Counsel for the prosecution or defense of this 22 litigation; 23 (d) consultants or expert witnesses retained for the prosecution or defense of this 24 litigation, provided that each such person shall execute a copy of the Certification 25 annexed to this Order as Exhibit "A" (which shall be retained by counsel to the party 26 so disclosing the Confidential Information and made available for inspection by 27 opposing counsel during the pendency or after the termination of the action only upon 28 good cause shown and upon order of the Court) before being shown or given any Reno City Attorney 1 Confidential Information and provided that if the party chooses a consultant or 2 expert employed by [THE CORPORATE DEFENDANT] or one of its competitors 3 (as listed on Appendix A), the party shall notify the opposing party, or designating 4 nonparty, before disclosing any Confidential Information to that individual and shall 5 give the opposing party an opportunity to move for a protective order preventing or 6 limiting such disclosure; 7 (e)any authors or recipients of the Confidential Information; 8 (f) the Court, Court personnel, and court reporters; and 9 (g)witnesses (other than persons described in paragraph 4(e)). A witness shall sign the 10 Certification before being shown a confidential document. Confidential 11 Information may be disclosed to a witness who will not sign the Certification only 12 in a deposition at which the party who designated the Confidential Information is 13 represented or has been given notice that Confidential Information shall be 14 designated "Confidential" pursuant to paragraph 2 above. Witnesses shown 15 Confidential Information shall not be allowed to retain copies. 16 6. Any persons receiving Confidential Information shall not reveal or discuss such 17 information to or with any person who is not entitled to receive such information, except 18 as set forth herein. 19 7. Unless otherwise permitted by statute, rule or prior court order, papers filed with the 20 court under seal shall be accompanied by a contemporaneous motion for leave to file 21 those documents under seal, and shall be filed consistent with the court's electronic 22 filing procedures in accordance with Local Rule IA 10-5. Notwithstanding any 23 agreement among the parties, the party seeking to file a paper under seal bears the 24 burden of overcoming the presumption in favor of public access to papers filed in 25 court. Kamakana v. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006); 26 Pintos v. Pac. Creditors Ass'n, 605 F.3d 665, 677- 78 (9th Cir. 2010). 27 8. A party may designate as "Confidential" documents or discovery materials produced 28 by a non-party by providing written notice to all parties of the relevant document Reno City Attorney 1 numbers or other identification within thirty (30) days after receiving such 2 documents or discovery materials. Any party or non-party may voluntarily disclose 3 to others without restriction any information designated by that party or non-party as 4 confidential, although a document may lose its confidential status if it is made public. 5 9. If a party contends that any material is not entitled to confidential treatment, such party 6 may at any time give written notice to the party or non-party who designated the material. 7 The party or non-party who designated the material shall have twenty-five (25) days from 8 the receipt of such written notice to apply to the Court for an order designating the material 9 as confidential. The party or non-party seeking the order has the burden of establishing 10 that the document is entitled to protection. 11 10.
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1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 4 KALLI PRENDERGAST, an individual, CASE NO.: 3:24-cv-00491-MMD-CSD 5 Plaintiff, 6 vs. ORDER GRANTING 7 STIPULATED PROTECTIVE ORDER CITY OF RENO, NEVADA; ERIC 8 HAGUE, an individual; WASHOE COUNTY, NEVADA; SHELLY L. 9 TONE, an individual; and DOES 1-10, 10 inclusive Defendants. / 11 In order to protect the confidentiality of confidential information obtained by the 12 parties in connection with this case, the parties hereby agree as follows: 13 1. Any party or non-party may designate as "confidential" (by stamping the relevant page 14 or other otherwise set forth herein) any document or response to discovery which that 15 party or non-party considers in good faith to contain information involving trade 16 secrets, or confidential business or financial information, subject to protection under 17 the Federal Rules of Civil Procedure or Nevada law ("Confidential Information"). 18 Where a document or response consists of more than one page, the first page and each 19 page on which confidential information appears shall be so designated. 20 2. A party or non-party may designate information disclosed during a deposition or in 21 response to written discovery as "confidential" by so indicating in said response or on 22 the record at the deposition and requesting the preparation of a separate transcript of 23 such material. Additionally a party or non-party may designate in writing, within twenty 24 (20) days after receipt of said responses or of the deposition transcript for which the 25 designation is proposed, that specific pages of the transcript and/or specific responses 26 be treated as "confidential" information. Any other party may object to such proposal, 27 in writing or on the record. Upon such objection, the parties shall follow the procedures 28 described in paragraph 8 below. After any designation made according to the procedure Reno City Attorney 1 set forth in this paragraph, the designated documents or information shall be treated 2 according to the designation until the matter is resolved according to the procedures 3 described in paragraph 8 below, and counsel for all parties shall be responsible for 4 making all previously unmarked copies of the designated material in their possession or 5 control with the specified designation. 6 3. Information, documents or things which are produced or disclosed by electronic 7 means may be designated “confidential” by so indicating in writing as described in 8 section 2, above. The parties shall have thirty (30) days from the date this Protective 9 Order is entered to so designate information, documents or things which were 10 produced prior to the entry of this Order. 11 4. All information produced or exchanged in the course of this case (other than 12 information that is publicly available) shall be used by the party or parties to whom 13 the information is produced solely for the purpose of this case. 14 5. Except with the prior written consent of other parties, or upon prior order of this Court 15 obtained upon notice to opposing counsel, Confidential Information shall not be disclosed 16 to any person other than: 17 (a)counsel for the respective parties to this litigation, including in-house counsel and 18 co- counsel retained for this litigation; 19 (b) employees of such counsel who need access to the information; 20 (c) individual defendants, class representatives, any officer or employee of a party, to 21 the extent deemed necessary by Counsel for the prosecution or defense of this 22 litigation; 23 (d) consultants or expert witnesses retained for the prosecution or defense of this 24 litigation, provided that each such person shall execute a copy of the Certification 25 annexed to this Order as Exhibit "A" (which shall be retained by counsel to the party 26 so disclosing the Confidential Information and made available for inspection by 27 opposing counsel during the pendency or after the termination of the action only upon 28 good cause shown and upon order of the Court) before being shown or given any Reno City Attorney 1 Confidential Information and provided that if the party chooses a consultant or 2 expert employed by [THE CORPORATE DEFENDANT] or one of its competitors 3 (as listed on Appendix A), the party shall notify the opposing party, or designating 4 nonparty, before disclosing any Confidential Information to that individual and shall 5 give the opposing party an opportunity to move for a protective order preventing or 6 limiting such disclosure; 7 (e)any authors or recipients of the Confidential Information; 8 (f) the Court, Court personnel, and court reporters; and 9 (g)witnesses (other than persons described in paragraph 4(e)). A witness shall sign the 10 Certification before being shown a confidential document. Confidential 11 Information may be disclosed to a witness who will not sign the Certification only 12 in a deposition at which the party who designated the Confidential Information is 13 represented or has been given notice that Confidential Information shall be 14 designated "Confidential" pursuant to paragraph 2 above. Witnesses shown 15 Confidential Information shall not be allowed to retain copies. 16 6. Any persons receiving Confidential Information shall not reveal or discuss such 17 information to or with any person who is not entitled to receive such information, except 18 as set forth herein. 19 7. Unless otherwise permitted by statute, rule or prior court order, papers filed with the 20 court under seal shall be accompanied by a contemporaneous motion for leave to file 21 those documents under seal, and shall be filed consistent with the court's electronic 22 filing procedures in accordance with Local Rule IA 10-5. Notwithstanding any 23 agreement among the parties, the party seeking to file a paper under seal bears the 24 burden of overcoming the presumption in favor of public access to papers filed in 25 court. Kamakana v. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006); 26 Pintos v. Pac. Creditors Ass'n, 605 F.3d 665, 677- 78 (9th Cir. 2010). 27 8. A party may designate as "Confidential" documents or discovery materials produced 28 by a non-party by providing written notice to all parties of the relevant document Reno City Attorney 1 numbers or other identification within thirty (30) days after receiving such 2 documents or discovery materials. Any party or non-party may voluntarily disclose 3 to others without restriction any information designated by that party or non-party as 4 confidential, although a document may lose its confidential status if it is made public. 5 9. If a party contends that any material is not entitled to confidential treatment, such party 6 may at any time give written notice to the party or non-party who designated the material. 7 The party or non-party who designated the material shall have twenty-five (25) days from 8 the receipt of such written notice to apply to the Court for an order designating the material 9 as confidential. The party or non-party seeking the order has the burden of establishing 10 that the document is entitled to protection. 11 10. Notwithstanding any challenge to the designation of material as Confidential 12 Information, all documents shall be treated as such and shall be subject to the 13 provisions hereof unless and until one of the following occurs: 14 (a)the party or non-party claims that the material is Confidential Information 15 withdraws such designation in writing; or 16 (b)the party or non-party who claims that the material is Confidential Information fails 17 to apply to the Court for an order designating the material confidential within the time 18 period specified above after receipt of a written challenge to such designation; or 19 (c)the Court rules the material is not confidential. 20 11. All provisions of this Order restricting the communication or use of Confidential 21 Information shall continue to be binding after the conclusion of this action, unless 22 otherwise agreed or ordered. Upon conclusion of the litigation, a party in the possession 23 of Confidential Information, other than that which is contained in pleadings, 24 correspondence, and deposition transcripts, shall either (a) return such documents no later 25 than thirty (30) days after conclusion of this action to counsel for the party or non-party 26 who provided such information, or (b) destroy such documents within the time period 27 upon consent of the party who provided the information and certify in writing within thirty 28 (30) days that the documents have been destroyed. Reno City Attorney 1 12. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use of 2 documents at trial. 3 13. Nothing herein shall be deemed to waive any applicable privilege or work product 4 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure 5 of material protected by privilege or work product protection. 6 14. Any witness or other person, firm or entity from which discovery is sought may be 7 informed of and may obtain the protection of this Order by written advice to the parties' 8 respective counsel or by oral advice at the time of any deposition or similar proceeding. 9 DATED this 9th day of April, 2025 DATED this 9th day of April, 2025 10 RENO CITY ATTORNEY DEPUTY DISTRICT ATTORNEY 11 12 By: /s/ Mark A. Hughs By: /s/ Lindsay L. Liddell 13 KARL S. HALL Lindsay L. Liddell, Esq. Reno City Attorney Nevada Bar No. 14079 14 MARK A. HUGHS One South Sierra Street Deputy City Attorney Reno, NV 89501 15 Nevada State Bar #5375 Attorneys for Washoe County and 16 Post Office Box 1900 Shelly L. Tone Reno, Nevada 89505 17 Attorneys for City of Reno, Eric Hague 18 19 DATED this 9th day of April, 2025 20 21 SILVER STATE LAW 22 23 By: /s/ J. Robert Smith J.Robert Smith, Esq. 24 Nevada Bar No. 10992 Cody K. Marriott, Esq. 25 Nevada Bar No. 14147 26 Christopher Day, Esq. Nevada Bar No. 14045 27 61 Continental Drive Reno, NV 89509 28 Attorneys for Plaintiff Reno City Attorney 1 The jurisdiction of the court will cease upon the termination of the case. 9 || ITIS SO ORDERED. 3 wt Fie Kee 4 UNITED STATES MAGIST JUDGE DATED: — April9,20250 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Attorney .
1 CERTIFICATION 2 I hereby certify my understanding that Confidential Information is being provided to me 3 pursuant to the terms and restrictions of the Protective Order dated _____________, 4 in _____________________________________________, Civil 5 No._____________. I have been given a copy of that Order and read 6 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 8 Information - including copies, notes, or other transcriptions made therefrom - in 9 10 a secure manner to prevent unauthorized access to it. No later than thirty (30) days 11 after the conclusion of this action, I will return the Confidential Information- 12 including copies, notes or other transcriptions made therefrom - to the counsel 13 who provided me with the Confidential Information. I hereby consent to the 14 jurisdiction of the United States District Court for the purpose of enforcing the 15 Protective Order. 16 17 18 DATED: ___________________________ 19 20 21 22 23 24 EXHIBIT "A" 25 26 27 28 Reno City Attorney