Stanley Weaver, III v. State of Nevada ex. rel. Division of Public and Behavioral Health of the Department of Human Services (f/k/a Department of Health and Human Services); Cody Phinney; Richard Whitley; and, Las Vegas Metropolitan Police Department

Opinion

1 MARGARET A. MCLETCHIE, Nevada Bar No. 10931 LEO S. WOLPERT, Nevada Bar No. 12658 21 MCLETCHIE LAW GROUP, PLLC 3 {602 South Tenth Street Las Vegas, NV 89101 4 | | Telephone: (702) 728-5300; Fax: (702) 425-8220 Email: maggie@nvlitigation.com Counsel for Plaintiff 6 UNITED STATES DISTRICT COURT 8 STANLEY WEAVER, III, an individual, Case. No.: 2:26-cv-01250-DJA 9 Plaintiff, 10 vs. [PROPOSED] STIPULATED PROTECTIVE ORDER STATE OF NEVADA ex. rel. DIVISION OF PUBLIC AND BEHAVIORAL 13|]|HEALTH of the DEPARTMENT OF 5 14 HUMAN SERVICES (f/k/a | As amended on pages 6 and 10 Be = DEPARTMENT OF HEALTH AND 15 | |HUMAN SERVICES); CODY PHINNEY, 2% individually; RICHARD WHITLEY, = — individually; LAS VEGAS DEPARTMENT; KEVIN MCMAHILL, in 18 his official capacity; DOE DEFENDANTS 19 1-10, 12-20; ROE ENTITIES 1-10, 20 Defendants. Plaintiff STANLEY WEAVER, III and Defendants STATE OF NEVADA ex. rel. DIVISION OF PUBLIC AND BEHAVIORAL HEALTH of the DEPARTMENT OF 23 HUMAN SERVICES (f/k/a DEPARTMENT OF HEALTH AND HUMAN SERVICES); 4 CODY PHINNEY; RICHARD WHITLEY; and, LAS VEGAS METROPOLITAN POLICE 5 DEPARTMENT, by and through their respective counsel, having agreed to the following %6 and for good cause under Rule 26(c)(1) of the Federal Rules of Civil Procedure, IT IS 7 HEREBY ORDERED as follows: 28

1 1. PURPOSES AND LIMITATIONS. 2 Disclosure and discovery activity in this action may involve production of 3 | |confidential, proprietary, or private information for which special protection from public 4 | |disclosure may be warranted under Rule 26(c)(1) of the Federal Rules of Civil Procedure. 5| |The Parties acknowledge that this Order does not confer blanket protections on all 6 | |disclosures or responses to discovery and that the protection it affords extends to only the 7 {limited information or items that are entitled under law to treatment as confidential. 8 2. SCOPE. 9 All documents produced in the course of discovery, all responses to discovery 10 | |requests, all deposition testimony and exhibits, responses to subpoenas from third parties Jand any other materials which may be subject to discovery (hereinafter collectively 12 | |“Discovery Material”) shall be subject to this stipulated protective order concerning 13 | |confidential information as set forth below.. Any party, or any third party who produces : 14 | |documents in this litigation, may designate documents as Confidential but only after review 15 | |of the documents by an attorney who has, in good faith, determined that the documents 16 | |contain “Confidential Information,” as defined below, and pursuant to the procedure set 17 | |forth below. 18 3. CONFIDENTIAL INFORMATION. 19 “Confidential Information” shall mean information meriting special protection 20 junder the Federal Rules of Civil Procedure and applicable case law. Confidential Information does not include information that (a) is in the public domain at the time of 22 | |disclosure; (b) becomes part of the public domain through no fault of the Receiving Party; 23 | |(c) the Receiving Party can show was in its rightful and lawful possession at the time of 24 | |disclosure; or (d) the Receiving Party lawfully receives from a Non-party later without 25 | |restriction as to disclosure. 26 27 28

1 4. OTHER DEFINITIONS. 2 Party: any party to this action, including all of its officers, directors, agents, and 3 Jattorney(s) of record for a Party in this action (including their associates, paralegals, and 4 | |support/ clerical staff). 5 Non-party: any individual, corporation, association, or natural person or entity 6 jother than a party. 7 Protected Material: any Discovery Material containing Confidential Information 8 {that is designated by a Party or Non-party as “CONFIDENTIAL,” unless the Receiving 9 | |Party challenges the confidentiality designation and (a) the Court decides such material is 10 {not entitled to protection as confidential; (b) the Designating Party fails to apply the Court 11 | |for an order designating the material confidential within the time period specified below; or 12 | |(c) the Designating Party withdraws its confidentiality designation in writing. 13 Producing Party: a Party or Non-party that produces Discovery Material in this 14 Jaction. 5 15 Receiving Party: a Party that receives Discovery Material from a Producing Party. 16 Designating Party: a Party or Non-party that designates Discovery Material as 17 | |“CONFIDENTIAL”. The Party or Non-party designating information or items as Protected 18 | |Material bears the burden of establishing good cause for the confidentiality of all such items. 19 Challenging Party: a party that elects to initiate a challenge to a Designating 20 | |Party’s confidentiality designation. 21 Confidentiality Log: a Confidentiality Log must accompany any production of 22 | |documents designated as “CONFIDENTIAL” that includes the Bates numbers of the 23 | |documents designated (or the portions thereof) as “Confidential” and the basis for doing so. 24 | |Each Producing Party shall keep this log cumulatively and re-produce it every time they 25 | |designate something as “CONFIDENTIAL” so that it is a cumulative record of what the 26 | |party has marked “CONFIDENTIAL.” 27 28

1 5. FORM AND TIMING OF DESIGNATION. 2 Protected Material shall be so designated by the Producing Party by placing or 3 jaffixing the word “CONFIDENTIAL” on the document in a manner which will not interfere 4] {with the legibility of the document, and which will permit complete removal of the 5 | |“Confidential” designation. A Confidentiality Log must accompany any production of 6 | |Protected Material that includes the Bates numbers of the documents designated (or portions 7 | |thereof) as “CONFIDENTIAL” and the basis for doing so. Documents shall be designated 8 | |“Confidential” prior to, or contemporaneously with, the production or disclosure of the documents. The designation of documents as “CONFIDENTIAL” shall be accompanied 10 | |with a Confidentiality Log in the form included at Exhibit A. 11 A Designating Party must exercise restraint and make good faith efforts to limit 12 | |CONFIDENTIAL designations to specific materials that qualify for protection under the 13 | |appropriate standard. Further, a Designating Party must use good faith efforts to designate 14| |for protection only those parts of material, documents, items, or communications that 15 | |qualify—so that other portions of the materials, documents, items, or communications for 16 | |which protection is not warranted are not swept unjustifiably within the ambit of this Order. 17 | |If only a portion or portions of materials on a page or within a document merit protection, a 18 | |Producing Party must so indicate by making appropriate markings in the margins but not 19 jover text. The accompanying log should clearly explain which portion is designated as 20 | |CONFIDENTIAL. 21 A Producing Party that makes original documents or materials available for 22 | |inspection need not designate them for protection until after the inspecting Party has 23 | |indicated which material it would like copied and produced. During the inspection and 24 | |before the designation, all of the material made available for inspection shall be deemed 25 | |“Confidential.” After the inspecting Party has identified the documents it wants copied and 26 | |produced, the Producing Party must determine which documents, or portions thereof, 27 | |qualify for protection under this Order, and, before producing the specified documents, the 28

1 | |Producing Party must affix the appropriate legend on each page that contains Protected 2 | |Material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 4 | |appropriated markings in the margins or by redacting protected portions). 5 Portions of depositions shall be designated CONFIDENTIAL when the deposition 6 Jis taken or within fourteen (14) business days after receipt of the transcript, if feasible. Such 7 | | designation shall be specific as to the portions to be protected and, if made by a Party, shall be accompanied with a certification and log on the form, attached as Exhibit A. A 9 Designating Party must exercise restraint and make good faith efforts to limit 10 | |“CONFIDENTIAL” designations to specific materials that qualify for protection under the 11 | |appropriate standards. 12 Inadvertent or unintentional production of Protected Material without prior 13 | |designation as “Confidential” shall not be deemed a waiver, in whole or in part, of the nght 14 | |to designate documents as Protected Material as otherwise allowed by this Order. Further, : |a Party may assert that disclosures or discovery material produced by another Party 16 | |constitute Protected Material by informing the opposing Party by following the procedures 17 | |set forth herein for a Designated Party. 18 6. PROTECTION OF PROTECTED MATERIAL. 19 a. General Protections. Protected Material shall not be used or disclosed by the 20 | |Parties or counsel for the Parties or any other persons identified below 6.b.) for any 21 | |purposes whatsoever other than preparing for and conducting litigation in the above-entitled 22 | |action (including any appeal). 23 b. Qualified Receiving Parties and Limited Third-Party Disclosures. Protected 24 | |Material shall be held in confidence by each qualified Receiving Party to whom it is 25 | |disclosed, shall be used only for purposes of this action, and shall not be disclosed to any 26 | |person who is not a qualified recipient. All Protected Material shall be carefully maintained 27 | |so as to preclude access by persons who are not qualified Receiving Parties. 28

and its staff ] Subject to these requirements, in addition to Parties and the Court, the following 2 | |categories of persons may be allowed to review Protected Material pursuant to this Order 3 jafter executing an acknowledgment (in the form set forth at Exhibit B hereto), that he or she 4 | |has read and understands the terms of this Order and is bound by it: 5 (1) Any officers, directors, or designated employees of a Party deemed 6 necessary by counsel of record in this action to aid in the prosecution, 7 defense, or settlement of this action; 8 (2) Professional outside vendors for attorneys of record (such as copying 9 services and translators and interpreters), 10 (3) Court reporters, deposition notaries and staff; 11 (4) The author of any document designated as CONFIDENTIAL or the 12 original source of Confidential Information contained therein; 13 (5) Persons other than legal counsel who have been retained or specially : 14 employed by a party as an expert witness for purposes of this lawsuit or : 15 to perform investigative work or fact research; 16 (6) Deponents during the course of their depositions; 17 (7) Counsel for issuers of insurance policies under which any issuer may be 18 liable to satisfy part or all of a judgment that may be entered in these 19 proceedings or indemnify or reimburse payments or costs associated with 20 these proceedings; 21 (8) Any private mediator or arbitrator appointed by the Court or selected by 22 mutual agreement of the Parties and the mediator or arbitrator’s 23 secretarial and clerical personnel; 24 (9) Any other person as to whom the Producing Party has consented to 25 disclosure in advance and in writing, on notice to each Party hereto. 26 c. Control of Documents. Counsel for Parties shall take reasonable efforts to 27 | |prevent unauthorized disclosure of Protected Material pursuant to the terms of this Order. 28

1 | |No copies of Protected Material shall be made except by or on behalf of attorneys of record, 2 | |in-house counsel, or the Parties in this action. 3 d. Copies. Any person making copies of Protected Material shall maintain all 4 | |copies within their possession or the possession of those entitled to access such information 5 Junder the Protective Order. All copies shall be immediately affixed with the designation 6 “CONFIDENTIAL” if the word does not already appear on the copy. All such copies shall 7 | |be afforded the full protection of this Order. 8 7. UNAUTHORIZED DISCLOSURE. 9 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 10 Protected Material to any person or in any circumstance not authorized under this Stipulated 11 | |Protective Order, the Receiving Party must immediately (a) notify in writing the 12 | |Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 13 | |copies of the Protected Material, (c) inform the person or persons to whom unauthorized : 14 | |disclosures were made of all the terms of this Order, and (d) request such person or persons 15 | |to execute the “Acknowledgment and Agreement to Be Bound by Stipulated Protective 16 | |Order” (Exhibit B). 17 8. FILING PROTECTED MATERIAL 18 The Parties shall follow Rule 10-5 of the Local Rules of Practice for the U.S. 19 | |District Court of Nevada and must file documents under seal under the Court’s electronic 20 filing procedures, 21 Further, the Parties recognize the presumption of public access inherent in judicial 22 | |records and that a Protective Order does not establish that documents meet the standard for 23 | |sealing set forth in Rule 10-5 of the Local Rules of Practice for the U.S. District Court of 24 | |Nevada and the Ninth Circuit’s decisions in Kamakana v. City and County of Honolulu, 447 25 | |F.3d 1172 (9th Cir. 2006) and Ctr. for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 26 | |1097 (9th Cir.), cert. denied sub nom. FCA U.S. LLC v. Ctr. for Auto Safety, 137 S. Ct. 38 27 | |((2016). When a motion to seal is related to the merits of the case, a “party seeking to seal a 28

] | |yudicial record then bears the burden of overcoming this strong presumption by meeting the 2 | |‘compelling reasons’ standard.” Kamakana, 447 F.3d at 1178. But when motion to seal is 3 Junrelated to the merits of the case, a party may overcome this presumption by meeting a less 4 | |exacting “good cause standard.” Chrysler Group, 809 F.3d at 1097. To establish good cause, 5 | |a party must show specific prejudice or harm—such as protecting a party from annoyance, 6 }embarrassment, oppression, or undue burden or expense—will result if the motion to seal is 7 | |denied. /d. (quoting Fed. R. Civ. P. 26(c)). Further, the Court should make an independent 8 | |determination regarding whether documents merits sealed status, and thus expressly 9 | |reserves the right to do. Kamakana 447 F.3d at 1186-87. 10 In recognition of this legal standard, and the fact that the party filing Protected 11 | |Material may not be the party that designated it confidential (and thus, may not believe good 12 | |cause exists for sealing), the Parties suggest that the procedure set forth below is followed 13 jif the sole ground for a motion to seal is that the opposing party (or non-party) has designated 14 | |a document as subject to protection pursuant to this Stipulated Protective Order: the Party : 15 | |filing such Protected Materials may assert in the accompanying motion any reasons why the 16 | |Protected Materials should not, in fact, be kept under seal and the Designating Party, who must be properly noticed, may likewise file a response asserting its position that the 18 | |Protected Material merits protection under Rule 26(c) of the Federal Rules of Civil 19 | |Procedure and attaching a declaration supporting the assertion that the designated material 20 | |meets the applicable standard. 21 9. CHALLENGES TO PROTECTED MATERIAL. 22 Any designation of Protected Material is subject to challenge. The following 23 | |procedures shall apply to any such challenge: 24 a. Burden. The burden of proving the necessity of a “CONFIDENTIAL” 25 | |designation remains with the party asserting confidentiality. 26 b. Notice; Opportunity to Challenge. A party who contends that Protected 27 | |Material is not entitled to confidential treatment shall give written notice to the party who 28

1 jaffixed the “CONFIDENTIAL” designation of the specific basis for the challenge. The party 2 | |who so designated the documents shall have ten (10) days from service of the written notice 3 | |to determine if the dispute can be resolved without judicial intervention and, if not, to move 4 | |for an Order confirming the “CONFIDENTIAL” designation, and the status as Protected 5 | |Material. 6 c. Treatment as Protected Material until Order or Withdrawal. Notwithstanding any challenge to the designation of documents as such, all material 8 | |previously designated “CONFIDENTIAL” shall continue to be treated as Protected Material 9 | |subject to the full protections of this Order until one of the following occurs: (1) the Party who claims that the documents are Protected Material withdraws such designation in 11 | | writing; (2) the Party who claims that the documents are confidential fails to move timely 12 for an Order designating the documents as confidential as set forth in paragraph 9.b. above; 13 Jor (3) the Court rules that the documents are not Protected Material and/or should no longer 14 | |be designated as “CONFIDENTIAL.” : 15 d. No Waiver. Challenges to the confidentiality of documents may be made at any 16 | |time and are not waived by the failure to raise the challenge at the time of initial disclosure 17 Jor designation. 18 10. DURATION; CONCLUSION OF LITIGATION. 19 All provisions of this Order restricting the use of Protected Material shall continue 20 | |to be binding after the conclusion of the litigation unless otherwise agreed or ordered. 21 | |However, the dismissal of this action will terminate the jurisdiction of this Court, including 22 jover this Order. 23 Within thirty (30) days of the final termination of in the above-entitled action, 24 | |which would be either a final judgment on all claims or stipulation and order for dismissal 25 | |with prejudice, all documents and information designated as CONFIDENTIAL by a 26 | | Designating Party and which has not been challenged, including any copies, or documents 27 | |containing information taken therefrom, shall be returned to the Designating Party. In the 28

1 alternative, within thirty (30) days of the final termination of this case, which would be 2 jeither a final judgment on all claims or stipulation and order for dismissal with prejudice, 3 Jall such documents, including copies, may be shredded or disposed of in a manner to ensure 4 | |the destruction thereof and a declaration certifying such destruction or disposal provided to the Designating Party. To the extent a party has designated portions of a deposition 6 | |transcript as CONFIDENTIAL, the non-designating party is under no obligation or duty to 7 | |shred or dispose of the deposition transcript, however, the CONFIDENTIAL designation 8 | | will remain. 9 11. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION. 10 Ifa Party is served with a subpoena or an order issued in other litigation that would compel disclosure of Protected Material designated by another Party or Non-party, the Party 12) must so notify the Designating Party, in writing (by e-mail or fax, if possible) within three 5 A 13 (3) court days after receiving the subpoena or order. Such notification must include a copy 14) ofthe subpoena or court order. I5 12, ORDER SUBJECT TO MODIFICATION. : 16 This Order shall be subject to modification on motion of any Party or any other 17 person who may show an adequate interest in the above-entitled action to intervene for 18 purposes of addressing the scope and terms of this Order. Fhe-Order-shal net,however,be 19 20 the proposed-modification. 71 13. NO JUDICIAL DETERMINATION. 22 This Order is entered based on the representations and agreements of the Parties 23) Jand for the purpose of facilitating discovery. Nothing herein shall be construed or presented 24\ Nasa judicial determination that any specific document or item of information designated as 25 | |CONFIDENTIAL by counsel is subject to protection under Rule 26(c) of the Federal Rules 26 lof Civil Procedure or otherwise until such time as a document-specific ruling shall have 27 lbeen made. 28 10

1 14. MISCELLANEOUS. 2 a. Public Health and Safety. Nothing in this Order is intended to prevent any 3| |Party from raising with the Court any concer that the disclosure of certain Protected 4 | |Material may have a possible adverse effect upon the general public health or safety, or the 5 }administration or operation of government or public office. 6 b. Right to Further Relief. Nothing is this Order abridges the right of any person 7 | |to seek its modification by the Court in the future. 8 c. Right to Assert Other Objections. By stipulating to the entry of this Order, no Party waives any right it otherwise would have to object to disclosing or producing any 10 | |information or item on any ground not addressed in this Order. Similarly, no Party waives 11 Jany right to object on any ground to use in evidence of any of the material covered by this 12 | |Protective Order. 13 15. PERSONS BOUND UPON ENTRY OF ORDER. 14 This Order shall take effect when entered and shall be immediately binding upon : E 15 | |the Parties (as defined herein). It shall also be binding upon subsequent parties that are added x 16 | |to this matter, each of which shall execute Exhibit B (Agreement to be bound). IT IS SO STIPULATED. DATED this 21st day of August, 2026. DATED this 21st day of August, 2026. 19) MCLETCHIE LAW GROUP, PLLC STATE OF NEVADA By: 4s/ Margaret A. McLetchie By: /s/ Sharon L. Benson >] MARGARET A. MCLETCHIE AARON D. FORD Nevada Bar No. 10931 Attorney General □□ LEO S. WOLPERT Sharon L. Benson (Bar No. 8964) Nevada Bar No. 12658 Deputy Attorney General 602 South Tenth Street 9790 Gateway Drive, Suite 100 04 Las Vegas, NV 89101 Reno, Nevada 89521 Telephone: (702) 728-5300; Tel: (775) 687-2100 Fax: (702) 425-8220 Fax: (775) 688-1822 Email: maggie@nvlitigation.com Email: SBenson@ag.nv.gov 261] Counsel for Plaintiff Attorneys For Defendants Cody Phinney, 7 Richard Whitley, and State of Nevada ex. rel. DPBH 28 1]

DATED this 21st day of August, 2026. KAEMPFER CROWELL 3 By: 4/Lyssa S. Anderson LYSSA S. ANDERSON 4 Nevada Bar N. 5781 5 TRAVIS C. STUDDARD Nevada Bar No. 16454 1980 Festival Plaza Drive, #650 7 Las Vegas, Nevada 89135 Attorneys for Defendant, Las Vegas 8 | | Metropolitan Police Department 9 10 11 12 IT IS SO ORDERED:

é 15 DANIEL J. ALBREGTS | 2 38 UNITED STATES MAGISTRATE JUDGE DATED: August 24, 2026 18 19 20 21 22 23 24 25 26 27 28 12

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AND AGREEMENT TO BE BOUND 3 6 | |STANLEY WEAVER, III, an individual, Case. No.: 2:26-cv-01250-DJA 7 Plaintiff, 8 vs. ACKNOWLEDGMENT OF STATE OF NEVADA ex. rel. DIVISION | AGREEMENT TO BE BOUND 10\)OF PUBLIC AND BEHAVIORAL 11] HEALTH of the DEPARTMENT OF HUMAN SERVICES (f/k/a 12 DEPARTMENT OF HEALTH AND HUMAN SERVICES); CODY PHINNEY, 13} individually; RICHARD WHITLEY, 222 individually; LAS VEGAS i ze METROPOLITAN POLICE 15 DEPARTMENT; KEVIN MCMAHILL, in 16 his official capacity, DOE DEFENDANTS 1-10, 12-20; ROE ENTITIES 1-10, 17 Defendants. 18 The undersigned hereby acknowledges that he or she has read the Confidentiality 19 Order dated , 2026, in the above-captioned action, understands the terms 20 thereof, and agrees to be bound by such terms. The undersigned submits to the jurisdiction 21 of the United States District Court for the District of Nevada relating to the Confidentiality 22 Order during the pendency of the above-entitled action and understands that the terms of 23 said Order obligate him/her to use discovery materials designated CONFIDENTIAL solely 24 for the purposes of the above-captioned action, and not to disclose any such Protected 25 Material to any person, firm, entity, or concern. 26 /// 27 /// 28 14

] The undersigned acknowledges that violation of the Stipulated Confidentiality 2 | |Order may result in penalties for contempt of court. 3 Name: 4 Job Title: Employer: 5 Business Address: 6 7 Signature —ts—Ss 9 10 11 12

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