Smith v. Douglas County

• Court: District Court, D. Nevada
• Decided: January 13, 2025
• Docket: 3:24-cv-00340
• Status: Unknown

Opinion

1 Katherine F. Parks, Esq. Nevada Bar No. 6227 2 Thorndal Armstrong, PC 6590 S. McCarran Blvd., Suite B 3 Reno, Nevada 89509 Tel: (775) 786-2882 4 kfp@thorndal.com Attorney for Defendants 5 DOUGLAS COUNTY, MATTHEW SAMPSON, CHRISTOPHER CARSON, and TYREE HOLDRIDGE 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 HUNTER SMITH, an individual, 10 Plaintiff, Case No. 3:24-cv-00340-MMD-CLB 11 vs. 12 DOUGLAS COUNTY on relation of the ORDER GRANTING STIPULATED DOUGLAS COUNTY SHERIFF’S OFFICE, a PROTECTIVE ORDER 13 political subdivision of the State of Nevada; MATTHEW SAMPSON, individually; 14 CHRISTOPHER CARSON, individually; TYREE HOLDRIDGE, individually; DOES I- 15 V, inclusive, 16 Defendants. 17 18 In order to protect the confidentiality of confidential information obtained by the parties 19 identified in the above caption in connection with this case, the parties hereby agree as follows: 20 1. The parties hereby stipulate and agree that the following documents shall be produced 21 by the Defendants, and shall be so designated, as confidential documents: 22 A. Documents bate-stamp numbered DC00408 – DC00456 – Inmate Jail file; 23 B. Documents bate-stamp numbered DC00457 – DC00488 – Inmate Jail Health 24 Records; 25 C. Documents bate-stamp numbered DC00495 – DC00528 – Sampson Personnel 26 Incident Reports; 27 D. Documents bate-stamp numbered DC00529 -DC00550 – Holdridge Personnel 28 Incident Reports; 1 E. Documents bate-stamp numbered DC00551-DC00662 – Sampson 2 Employment/Training Records; 3 F. Document bate-stamp numbered DC00926 – approval for request for 4 representation for Sampson; 5 G. Documents bate-stamp numbered DC00930-DC00951, additional 6 Employment/Training records for Sampson; 7 H. Documents bate-stamp numbered DC00952-DC01011, Holdridge 8 Employment/Training Records; 9 I. Documents bate-stamp numbered DC01012-DC01066, Carson 10 Employment/Training Records. 11 3. All confidential information produced or exchanged in the course of this case as 12 described herein (other than information that is publicly available) shall be used by the party or 13 parties to whom the information is produced solely for the purpose of this case. 14 4. Except with the prior written consent of the party or parties who designated the 15 material “Confidential Information,” or upon the prior order of this Court obtained upon notice 16 to opposing counsel, Confidential Information shall not be disclosed 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; 20 (c) individual parties, class representatives, any officer or employee of a party, to the 21 extent deemed necessary by Counsel for the prosecution or defense of this litigation; 22 (d) consultants or expert witnesses retained for the prosecution or defense of this 23 litigation; 24 (e) the Court, Court personnel, and court reporters; and 25 (f) witnesses. 26 5. Any persons receiving Confidential Information shall not reveal or discuss such 27 information to or with any person who is not entitled to receive such information, except as set 28 forth herein. 1 6. Unless otherwise permitted by statute, rule or prior court order, papers filed with 2 the Court under seal shall be accompanied by a concurrently filed motion for leave to file those 3 documents under seal, and shall be filed consistent with the court’s electronic filing procedures 4 in accordance with Local Rule IA 10-5. Notwithstanding any agreement among the parties, the 5 party seeking to file a paper under seal bears the burden of overcoming the presumption in favor 6 of public access to papers filed in court. Kamakana v. City and County of Honolulu, 447 F.2d 7 1172 (9th Cir. 2006) and Center for Auto Safety v. Chrysler Group, LLC., 809 F.3d 1092, 1097 8 (9th Cir. 2016). 9 7. If a party contends that any material is not entitled to confidential treatment, such 10 party may at any time give written notice to the party or non-party who designated the material. 11 The party or non-party who designated the material shall have twenty-five (25) days from the 12 receipt of such written notice to apply to the Court for an order designating the material as 13 confidential. The party seeking the order has the burden of establishing that the document is 14 entitled to protection. 15 8. Notwithstanding any challenge to the designation of material as Confidential 16 Information, all documents shall be treated as such and shall be subject to the provisions hereof 17 unless and until one of the following occurs: 18 (a) the party who claims that the material is Confidential Information withdraws such 19 designation in writing; or 20 (b) the party who claims that the material is Confidential Information fails to apply to 21 the Court for an order designating the material confidential within the time period specified 22 above after receipt of a written challenge to such designation; or 23 (c) the Court rules the material is not confidential. 24 9. All provisions of this Order restricting the communication or use of Confidential 25 Information shall continue to be binding after the conclusion of this action, unless otherwise 26 agreed or ordered. Upon conclusion of the litigation, a party in the possession of Confidential 27 Information, other than that which is contained in pleadings, correspondence, and deposition 28 transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion 1 || of this action to counsel for the party who provided such information, or (b) destroy such 2 || documents within the time period upon consent of the party who provided the information and 3 || certify in writing within thirty (30) days that the documents have been destroyed. 4 10. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the 5 || use of documents at trial. 6 11. Nothing herein shall be deemed to waive any applicable privilege or work product 7 || protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of materia 8 || protected by privilege or work protection. 9 12. Any witness or other person, firm or entity from which discovery is sought may 10 || be informed of and may obtain the protection of this Order by written advice to the parties’ 11 |] respective counsel or by oral advice at the time of any deposition or similar proceeding. 12 13. By entering into the foregoing Stipulated Protective Order, the parties do not 13 || waive the right to assert confidentiality of other documents and/or materials during the pendency 14 || of discovery in this case. 15 16 || Dated this 13" day of January, 2025. Dated this 13 day of January, 2025. 17 || BREEDEN & ASSOCIATES, PLLC THORNDAL ARMSTRONG, PC 18 19 By: __ /s/Adam Breeden By: □□ □□□ Katherine Parks ADAM J. BREEDEN, ESQ. KATHERINE F. PARKS, ESQ. 20 7432 W. Sahara Ave., Suite 101 6590 S. McCarran Blvd, Suite B Las Vegas, NV 89117 Reno, NV 89509 21 Attorneys for Plaintiff Attorney for Defendants 22 23 ORDER 24 25 IT IS SO ORDERED. 26 DATED: This 13th day of Januar 2025. . 27 28 UNITED STATES\MAGISTRATE JUDGE _4-