Watson v. City of Henderson

Opinion

1 Patrick G. Byrne, Esq. Nevada Bar No. 7636 2 Richard C. Gordon, Esq. Nevada Bar No. 9036 3 Paul Swenson Prior, Esq. Nevada Bar No. 9324 4 Christian P. Ogata, Esq. Nevada Bar No. 15612 5 SNELL & WILMER L.L.P. 3883 Howard Hughes Parkway, Suite 1100 6 Las Vegas, NV 89169 Telephone: (702) 784-5200 7 Facsimile: (702) 784-5252 Email: pbyrne@swlaw.com 8 rgordon@swlaw.com sprior@swlaw.com 9 cogata@swlaw.com

10 Attorneys for Defendants City of Henderson, Richard Derrick, Bristol Ellington, Nicholas 11 Vaskov, and Kristina Escamilla Gilmore 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14

LATESHA WATSON, 15 Case No.: 2:20-cv-01761-APG-BNW Plaintiff 16

v. [PROPOSED] STIPULATED 17 PROTECTIVE ORDER CITY OF HENDERSON et al., 18

Defendants 19 20 Plaintiff LaTesha Watson and Defendants City of Henderson, Richard Derrick, Bristol 21 Ellington, Nicholas Vaskov, Kristina Gilmore, Kenneth Kerby, Kevin Abernathy, and Richard 22 McCann (collectively the “Parties” and each individually a “Party”), stipulate, upon approval by 23 this Court, that this protective order shall govern the handling and disclosure of all documents, 24 testimony, or other information produced or given in this case (the “Litigation”) that is designated 25 as subject to this order and its terms. 26 27 28 1 A. Definitions 2 1. A “Producing Party” is any Party or non-party that produces or discloses 3 confidential documents, materials, items, or other information under the terms if this protective 4 order. 5 2. A “Receiving Party” is any Party or non-party that receives or is given access to 6 confidential documents, materials, items, or other information under the terms of this protective 7 order. 8 3. “Discovery Material” refers to all items or information, regardless of the medium 9 or manner generated, stored, or maintained, including documents, testimony, interrogatory 10 responses, transcripts, depositions and deposition exhibits, responses to requests for admission, 11 recorded or graphic matter, electronically stored information, tangible things, and/or other 12 information produced, given, exchanged by, or obtained from any Producing Party during 13 discovery in this action. 14 4. An “Authorized Recipient” is any person or entity authorized by this protective 15 order to obtain access to Confidential Information. 16 5. When interpreting this protective order, the term “and” includes the term “or” and 17 the term “or” includes the term “and.” 18 6. Paragraph headings are for convenience only and in no way limit or enlarge the 19 scope or meaning of this order. 20 B. Purposes and limitations 21 Discovery in this Litigation may involve the use, production, and disclosure of Discovery 22 Material containing confidential, financial, proprietary, sensitive, personal, and/or private 23 information for which special protection from public disclosure and from use for any purpose— 24 other than in prosecuting, defending, settling, or otherwise in this Litigation, including any appeals, 25 and/or for enforcing and/or collecting any judgment entered in this Litigation—would be warranted 26 and consistent with the public policy of United States and the State of Nevada. The use, production, 27 and/or disclosure of Protected Material could severely injure or damage the Parties given the 28 sensitive and confidential nature of the information and if accomplished in a manner or means 1 inconsistent with this Protective Order. Similarly, the use, production, or disclosure of Protected 2 Material involving private information of non-parties could severely injure or damage those non- 3 parties. 4 Therefore, in the interest of expediting and facilitating discovery, permitting the same to 5 proceed without delay created by possible disputes regarding claims of confidentiality, and 6 balancing the interests of the Parties, this protective order establishes a procedure for producing, 7 disclosing, and using Protected Material without involving the Court unnecessarily in the process; 8 imposes obligations upon all Parties, persons, and non-parties receiving or given access to Protected 9 Material to protect it from unauthorized production, disclosure, and/or use; and establishes a 10 procedure for challenging the use, disclosure, or dissemination of Protected Material. 11 C. Protected material 12 “Protected Material” is any Discovery Material that is designated as “Confidential” or 13 “Restricted – Attorneys’ Eyes Only Material,” provided, however, that “Protected Material” does 14 not include information that is publicly available (except information that became publicly 15 available as a result of a breach of this protective order or any other confidentiality agreement or 16 undertaking). Subject to the provisions herein and unless otherwise stated, this protective order 17 governs, without limitation: (a) all documents, electronically stored information, and/or things as 18 defined by the Federal Rules of Civil Procedure; (b) all pretrial, hearing or deposition testimony, 19 or documents marked as exhibits or for identification in depositions and hearings; (c) all pretrial 20 pleadings, exhibits to pleadings and other court filings; (d) all affidavits; and (e) all stipulations. 21 All copies, reproductions, extracts, digests and complete or partial summaries prepared from any 22 Protected Material shall also be considered Protected Material and treated as such under this 23 Protective Order. 24 Any Party may designate for protection under this protective order, in whole or in part, any 25 document, information or other material that constitutes or includes confidential or proprietary 26 information or trade secrets according to the terms below. 27 28 1 1. Designation of Protected Material 2 a. “Confidential Material.” Any Party may, subject to the provisions 3 of this protective order, designate as “CONFIDENTIAL” any Discovery Material that the Party 4 believes in good faith is confidential and where the Party would not normally reveal the information 5 to third parties except in confidence or has undertaken with others to maintain it in confidence 6 (“Confidential Material”). 7 b. “Restricted—Attorneys’ Eyes Only.” Any party may, subject to 8 the provisions of this protective order, designate as “RESTRICTED— ATTORNEYS’ EYES 9 ONLY” any Discovery Material that meets the requirements for Confidential Material, and that a 10 Producing Party believes in good faith would likely cause competitive, or financial injury if 11 disclosed (“Restricted – Attorneys’ Eyes Only Material”). This designation is intended for 12 information that constitutes highly confidential information, including, but not limited to 13 (i) sensitive information about current and former employees, (ii) confidential reports, (iii) ongoing 14 investigations, or (iv) any other Discovery Material that qualifies for protection under Federal Rule 15 of Civil Procedure 26(c). 16 2. Objection to designations 17 If any Party disagrees at any point in the Litigation with any designation made under this 18 protective order, a Party may object to any designation of material as Protected Material. The 19 Parties shall first try to resolve such dispute in good faith on an informal basis in accordance with 20 Local Rule 26-6. If the dispute cannot be resolved, the objecting Party may seek appropriate relief 21 from the Court. The Party asserting that Discovery Material should be designated as Protected 22 Material bears the burden of proof to establish that the information is entitled to such protection. 23 During the pendency of any challenge to the designation of a document or information, the 24 designated document or information shall continue to be treated as Confidential Material subject to 25 the provisions of this protective order. For the avoidance of doubt, a Party may object at any time 26 to any designation of material as “CONFIDENTIAL” or “RESTRICTED – ATTORNEYS’ EYES 27 ONLY.” 28 1 D. Use of protected material 2 1. Generally 3 The Parties, and the law firms appearing as their counsel in this Litigation, may make such 4 use of the Protected Material produced by the Parties or non-parties subject to this protective order 5 as the preparation of this Litigation may reasonably require. The Parties, and the law firms 6 appearing as their counsel in this Litigation, may not use any Protected Material received from 7 another Party or a non-party for any purposes other than this Litigation. 8 In addition to any restrictions imposed by the protective order, all Protected Material shall 9 remain subject to any and all restrictions imposed by statute, regulation, agreement, or other legal 10 duty. Notwithstanding any existing restriction imposed by statute, regulation, agreement, or other 11 legal duty, this protective order shall not further restrict the Party’s use/disclosure of Protected 12 Material that was already in a Party’s care, custody, and/or control at the commencement of this 13 Litigation or otherwise prior to receiving such Protected Material from the Producing Party. 14 All Parties or non-parties obtaining, receiving, inspecting, examining or being given access 15 to any Protected Material in accordance with this Protective Order, (i) shall first agree to submit 16 himself or herself to the jurisdiction of this Litigation for purposes of enforcing this Protective 17 Order, and (ii) shall agree to be bound by this Protective Order. 18 2. Use in depositions 19 Any Party shall have the right to use Protected Material during depositions unless otherwise 20 agreed to by the Parties in writing or on the record at the deposition. Counsel for the affected Party 21 may otherwise request that all individuals not qualified to obtain, receive, or be given access to 22 Protected Material under this protective order, except for the deponent and his or her counsel, leave 23 the deposition session during any portions where Protected Material is used or referred to. The 24 failure of such other persons to comply with such requests shall constitute substantial justification 25 for counsel to advise the witness that he or she need not answer the question pending. 26 To the extent that Protected Material is used in a deposition, such material shall remain 27 subject to the provisions of this protective order, including any transcript pages of the deposition 28 testimony and/or trial testimony dealing with, referring to, or referencing the Protected Material. 1 A Party may designate any portions of the testimony relating to Protected Material as 2 “CONFIDENTIAL” or “RESTRICTED – ATTORNEYS’ EYES ONLY” on the record of the 3 deposition, or in writing on or before the later of (i) thirty calendar days after receipt of the final 4 transcript, or (ii) the date by which any review by the witness and statement of changes to the 5 transcript are to be completed under Fed. R. Civ. P. 30(e). Only those portions of the testimony 6 that contain Protected Material and are designated for protection in accordance with this section 7 shall be protected by the provisions of this protective order. The entire testimony shall be deemed 8 to have been designated CONFIDENTIAL until the time within which the transcript may be 9 designated has elapsed. If testimony is not designated within the prescribed time period, then such 10 testimony shall not be deemed Protected Material except as ordered by the Court or until a Party 11 designates such Discovery Material as Protected Material as otherwise provided herein. Transcript 12 pages containing Protected Material must be separately bound by the court reporter, who must affix 13 to each such page the legend “CONFIDENTIAL” or “RESTRICTED – ATTORNEYS’ EYES 14 ONLY” as instructed by the designating Party. If all or a part of a videotaped deposition is 15 designated as “CONFIDENTIAL” or “RESTRICTED – ATTORNEYS’ EYES ONLY,” the DVD 16 or any other media on which it is stored, plus any container, shall be so labeled. 17 E. Storage and maintenance of protected material 18 All Protected Material as provided herein shall not be disclosed to anyone other than those 19 persons identified in Sections D and E of this protective order, and they shall be handled in the 20 manner set forth herein. The Receiving Party, or any non-party who receives or is given access to 21 any Protected Material under this protective order shall: 22 1. Store and maintain such Protected Material in a secure and safe area and manner 23 within their exclusive possession and control; 24 2. Exercise the same standard of due and proper care with respect to the storage, 25 custody, use, and/or dissemination of such information as is exercised by the recipient with respect 26 to its own Protected Material; 27 3. Take all measures reasonably necessary to maintain the confidentiality of such 28 information, documents, materials, items, and things; and 1 4. Not permit or participate in the unauthorized production, disclosure, or use of such 2 Protected Material. 3 F. Disclosure of protected material 4 1. Disclosure of Confidential Material 5 Confidential Material may be disclosed by the Receiving Party only to the following 6 persons, except upon receipt of the prior written consent of the designating Party or upon order of 7 the Court: 8 a. Retained counsel for the Parties (including attorneys associated with the law 9 firm of counsel and the paralegal, clerical, and secretarial staff employed by such counsel); 10 b. The Parties and their officers, directors, agents, representatives, and 11 employees who are deemed reasonably necessary by counsel for the Parties to aid in the 12 prosecution, defense, or settlement of this Litigation; 13 c. The current and former officers, directors, or employees of each Receiving 14 Party, to the extent that such disclosure is reasonably necessary in connection with the prosecution, 15 defense, or settlement of this Litigation; 16 d. Independent investigators, experts and/or consultants (together with their 17 clerical and secretarial staff) retained by counsel for a Party to assist in the prosecution, defense, or 18 settlement of this Litigation, but only to the extent reasonably necessary to perform their work in 19 connection with this Litigation; 20 e. Clerical and data processing personnel, including third-party vendors, 21 involved in the production, reproduction, organizing, filing, coding, cataloging, converting, storing, 22 retrieving, and review of Discovery Material, but only to the extent reasonably necessary to assist 23 a Party or its counsel in this Litigation; 24 f. The Court; 25 g. Court reporters and videographers employed to record depositions or live 26 testimony in this Litigation; 27 28 1 h. A non-party (and his or her counsel) preparing to appear or appearing at a 2 deposition, hearing, or other proceeding in this Litigation for whom disclosure is reasonably 3 necessary to the preparation or testimony of such witness; 4 i. Any other non-party as to whom the Parties in writing agree; 5 j. The author, signatory, or prior recipient of the document or the original 6 source of the CONFIDENTIAL information; such person shall be given access only to the specific 7 document or information therein except as otherwise provided herein; and 8 k. Any governmental agency or regulating authority to the extent disclosure is 9 required by such governmental agency or regulatory authority or applicable law. 10 Any non-party to whom Protected Material is disclosed or revealed under this subsection 11 shall be given a copy of this protective order and advised as follows: (i) that the Protected Material 12 is being disclosed under this protective order; (ii) that the Protected Material may not be disclosed 13 or disseminated orally, or by any other means, by such non-party to any other non-party not 14 permitted to have access to the Protected Material under this protective order; (iii) that the Protected 15 Material may not be used except for the purposes of this Litigation as provided in this protective 16 order; (iv) that the Protected Material must remain in the non-party’s custody until returned to 17 counsel from whom the Protected Material was received; and (v) that any violation of this 18 Protective Order may result in the imposition of sanctions as the court (if such sanctions are sought 19 after the conclusion of the Litigation) deems proper. 20 2. Use of Restricted - Attorneys’ Eyes Only Material 21 If a Producing Party designates Discovery Material as Restricted—Attorneys’ Eyes Only 22 Material, access to and disclosure of such documents shall be limited to those parties identified in 23 Section F(1)(a) and Section F(1)(d)–(k) above, and in-house counsel for the parties, provided that 24 the in-house counsel are assisting outside counsel in the Litigation. 25 3. Use of protected material in court filings 26 To the extent that any motions, briefs, pleadings, deposition transcripts, or other papers to 27 be filed with the Court incorporate documents or information subject to this Protective Order, all 28 Parties shall comply with the requirements of Local Rule IA 10-5 and Local Rule IC 6–1, file 1 those documents under seal, and with respect to any documents filed under seal, follow the 2 requirements cited in the Ninth Circuit’s decision in Kamakana v. City & County of Honolulu, 3 447 F.3d 1172, 1176 (9th Cir. 2006). Unless otherwise permitted by statute, rule, or prior Court 4 order, papers filed with the Court under seal shall be accompanied by a motion for leave to file 5 those documents under seal. 6 G. Knowledge of unauthorized use or possession of protected material 7 The Receiving Party or its counsel shall immediately notify counsel for the Producing Party 8 in writing if it learns of any unauthorized possession, knowledge, use, or disclosure of any Protected 9 Material in any manner inconsistent with the terms of this protective order. The Receiving Party 10 shall promptly furnish the Producing Party in writing with the full details of such unauthorized 11 possession, knowledge, use, or disclosure. With respect to such unauthorized possession, 12 knowledge, use, or disclosure, the Receiving Party shall assist the Producing Party in preventing 13 its recurrence of and shall cooperate fully with the Producing Party in any litigation to prevent 14 unauthorized use or further dissemination of Protected Material. The Receiving Party: (i) shall 15 further use its best efforts to retrieve all copies of Protected Material obtained by non-parties not 16 authorized to possess, know, or otherwise receive Protected Material under this Protective Order, 17 (ii) shall provide such non-party with a copy of this Protective Order, and (iii) shall notify counsel 18 for the Producing Party of the failure to retrieve any such information (if applicable). 19 H. Privileged material 20 Any party withholding Discovery Material on the basis of privilege shall serve opposing 21 counsel with a privileged document log that fully complies with Rule 26(b)(5). In the event that a 22 Party inadvertently produces a document protected by the attorney-client privilege or work-product 23 doctrine, such production shall not itself constitute a waiver of any applicable privilege. Instead, 24 upon written request, the receiving Party shall return to the producing Party any inadvertently 25 produced document with respect to which the producing Party asserts a claim of privilege. The 26 Party will then provide a privilege log for any documents withheld pursuant to a claim of privilege. 27 Any notes or summaries referring or relating to any such privileged information shall be destroyed 28 or sequestered within ten business days. 1 If a Receiving Party receives materials that reasonably appear to be subject to an attorney- 2 client privilege, the common interest privilege, work product protection, or otherwise protected by 3 a discovery privilege or immunity, the Receiving Party must refrain from further examination of 4 the materials that may be privileged or protected, and shall immediately notify the Producing Party, 5 in writing, that the Receiving Party possesses such material. 6 Nothing in this order shall prevent the receiving party from challenging the propriety of the 7 attorney-client privilege or work product immunity or other applicable privilege designation by 8 submitting a challenge to the Court. If the underlying claim of privilege or protection is contested, 9 the Parties shall comply with Fed. R. Civ. P. 26(b)(5)(B), and if after undertaking an appropriate 10 meet-and-confer process, the Parties are unable to resolve any dispute they have concerning the 11 protection of documents for which a claim of inadvertent disclosure of privileged information has 12 been asserted, the Receiving Party may file the appropriate motion or application as provided by 13 the Court’s procedures to compel production of such material (a “Privilege Motion”). Any 14 Privilege Motion concerning disclosed privileged information shall not assert as a ground for 15 granting the motion the fact or circumstance of the production in this Litigation of the Discovery 16 Material claimed to be privileged information. 17 The Party asserting privilege retains the burden of establishing the privileged or protected 18 nature of any disclosed privileged information. Nothing in this section shall limit the right of any 19 Party to petition the Court for an in camera review of the privileged information. 20 I. Copies, summaries, or abstracts 21 Protected Material shall not be copied, reproduced, summarized, or abstracted, except to the 22 extent that such copying, reproduction, summarization, or abstraction is reasonably necessary for 23 the conduct of this Litigation. All such copies, reproductions, summarizations, extractions and 24 abstractions shall be subject to the terms of this protective order, and labeled in the same manner 25 as the designated material on which they are based. Attorney-client communications and attorney 26 work product regarding Protected Material shall not be subject to this section, regardless of whether 27 they summarize, abstract, paraphrase, or otherwise reflect Protected Material 28 1 J. Reservation of rights 2 The Parties hereby reserve the following rights: 3 Nothing in this protective order, nor the production or disclosure of any information or 4 documents under the terms of this protective order, nor any proceedings under this protective order, 5 shall be deemed or construed: (i) to have the effect of an admission or a waiver by either Party of 6 the confidentiality or non-confidentiality of any such information or document; (ii) to alter the 7 confidentiality or the non-confidentiality of any such information or document; (iii) to alter any 8 existing or pending obligation of any party or the absence thereof; or (iv) to affect in any way the 9 authenticity or admissibility of any document, testimony or other evidence at any stage of this 10 Litigation. 11 The entry of this Protective Order shall be without prejudice to the rights of the Parties, or 12 of any non-party, to seek additional or different protection for protected documents or information 13 from the Court (if such protection is sought after the conclusion of the Litigation). 14 This Protective Order shall neither enlarge nor affect the proper scope of discovery in this 15 Litigation or any other litigation, nor shall this protective order be construed to suggest that 16 protected documents or information subject to this protective order are discoverable, relevant, or 17 admissible in this Litigation or any other litigation. 18 Nothing contained herein shall prejudice the right of any Party to object to the admissibility 19 of Protected Material subject to this protective order for any reason permissible under applicable 20 state or federal law. 21 The Parties, by agreeing to this protective order, are not waiving any rights they have to 22 obtain information or materials, in whatever form, through the discovery rules under state or federal 23 law. 24 K. Amendment 25 Any Party for good cause shown may apply to the Court for modification of this protective 26 order, or the protective order may be modified by consent of the Parties in writing (subject to 27 approval by the Court). 28 1 L. Injunctive relief 2 Each Party acknowledges that monetary remedies may be inadequate to protect each Party 3 in the Litigation from unauthorized disclosure or use of Protected Material and that injunctive relief 4 may be appropriate to protect each Party’s rights in the event there is any such unauthorized 5 disclosure or use of Protected Material, in addition to whatever relief may be available at law or in 6 equity. 7 M. Other actions and proceedings 8 If the Receiving Party, or its counsel or expert, is served with a subpoena or other process 9 by any court, administrative, or legislative body, or any other person or organization which calls 10 for production of Protected Material produced by another Party, the Party to whom the subpoena 11 or other process is directed shall, to the extent permitted by applicable law, notify the designating 12 Party in writing (by electronic mail, if possible), and include with that notice a copy of the discovery 13 request, subpoena, order, or other form of legal process as soon as reasonably practicable and in 14 any event no later than five business days after receipt or ten days prior to the deadline for a 15 response, whichever date is earlier. To the extent permitted by applicable law, the Receiving Party 16 shall not produce the requested Protected Material unless and until a court of competent jurisdiction 17 so directs, except if the designating Party (a) consents, or (b) fails to file a motion to quash or fails 18 to notify the Receiving Party in writing of its intention to contest the production of the Protected 19 Material prior to the date designated for production of the Protected Material, in which event the 20 Receiving Party may produce on the production date, but no earlier. The designating Party shall 21 bear the burdens and the expenses of seeking protection in that matter or proceeding of its Protected 22 Material. Nothing in this section should be construed as authorizing, requiring, or encouraging a 23 Receiving Party to disobey, or to risk contempt of, a lawful directive from another court. 24 N. Timing 25 1. Retroactive 26 Upon Court approval, this protective order shall apply retroactively to all prior 27 disclosures. 28 1 2. Order survives termination 2 This protective order shall remain in full force and effect and each Party and non-party 3 subject to this protective order shall continue to be subject to the obligations contained herein even 4 after the conclusion of this Litigation. 5 3. Return or destruction of protected material 6 This Litigation shall be deemed finally terminated after both (i) final judgment, and (ii) the 7 completion and exhaustion of all appeals, or the period within which to appeal has expired. Except 8 as provided by law or other regulatory authority or unless otherwise ordered or agreed in writing 9 by the Producing Party, within thirty calendar days after the final termination of this Litigation, 10 each Receiving Party shall undertake best efforts to return to the Producing Party all Protected 11 Material or, at the option of the Receiving Party, to destroy all Protected Material. In either case, 12 the Receiving Party shall, upon request by the Producing Party and within fourteen days of such 13 party’s request, provide the Producing Party with a certification stating that it has taken reasonable 14 efforts to destroy or return the Protected Material, except (i) for such information or material that 15 was transmitted electronically and whose removal or destruction from a Party’s electronic systems 16 would violate applicable federal or state law, rule or regulation, or policies and procedures 17 reasonably designed to ensure compliance with such law, rule, or regulation, and (ii) that 18 information saved on backup media in an electronically-stored format will be certified to have 19 complied with the sixty-day destruction period if the Party has a data-destruction policy for the 20 backup media resulting in the eventual destruction or overwriting of the electronically-stored 21 information; provided, however, that these materials will continue to be subject to the terms of this 22 protective order. Notwithstanding this provision, counsel for the parties may keep a full and 23 complete record of all documents generated as a result of this Litigation, including Discovery 24 Materials that constitute correspondence, handwritten notes, e-mails, deposition and court 25 transcripts and exhibits, attorney work product, and documents filed in this Litigation so long as 26 those documents are kept in a manner consistent with their confidentiality and subject to the terms 27 of this Protective Order. 28 1} O. Compliance with protective order 2 All counsel of record in this Litigation shall comply with the terms of this Protective Order, 3 || and ensure that their clients, and the non-parties receiving or being given access to Protected 4 || Material under Section F, similarly comply with the terms. The Parties shall not utilize any portion 5 || of Protected Material for their own personal or business advantage or gain, aside from purposes 6 || related to this Litigation. In the event of a change in counsel, new counsel shall agree in writing to 7 || be bound by and subject to the terms of this Protective Order. g IT IS SO STIPULATED. 9 DATED: January 6, 2022 DATED: January 6, 2022 10 COOK & KELESIS, LTD. SNELL & WILMER L.L.P.

1] /s/ Marc P. Cook _ /s/ Richard C. Gordon _ 12 Marc P. Cook, Esq. (NV Bar No. 4574) Patrick G. Byrne, Esq. (NV Bar No. 7636) = George P. Kelesis, Esq. (NV Bar No. 069) Richard C. Gordon, ae CNV Ba □□□□□ 13 aul Swenson Prior, Esq. ar No. Se Julie L. Sanpet, Esq. (NV Bar No. 5479) Christian P. Ogata, Esq. (NV Bar No. 15612) 517 South Ninth Street . 14 Las V NV 89101 3883 Howard Hughes Parkway, Suite 1100 as USERS, Las Vegas, NV 89169 15 oS oe | 16 Attorneys for Plaintiff Attorneys for Defendants City of Henderson, = Richard Derrick, Bristol Ellington, Nicholas 2 17 Vaskov, and Kristina Gilmore 18 DATED: January 6, 2022 CLARK HILL PLLC 19 0 /s/ Nicholas M. Wieczorek _ Nicholas M. Wieczorek (NV Bar No. 21 6170) 22 || Attorney for Defendants Kevin Abernathy, 33 Richard McCann, and Kenneth Kerby 4 ORDER 25 IT IS SO ORDERED. 26 □□ gr la WOE, 7 UNITED STATES MAGISTRATE JUDGE 38 DATED: ___ January 7 , 2022

_1A4_

1 CERTIFICATE OF SERVICE 2 3 I hereby certify that on January 6, 2022, I electronically filed the foregoing [PROPOSED] 4 STIPULATED PROTECTIVE ORDER with the Clerk of Court for the U.S. District Court, 5 District of Nevada by using the Court’s CM/ECF system. Participants in the case who are registered 6 CM/ECF users will be served by the CM/ECF system.

7 DATED this 6th day of January 2022. 8

9 /s/ Gaylene Kim-Mistrille An Employee of Snell & Wilmer L.L.P. 10 4876-2147-0468 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28