Attorney General 2 JAMIE S. HENDRICKSON (Bar No. 12770) Senior Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 100 N. Carson Street Carson City, Nevada 89701-4717 5 (775) 684-1234 (phone) (775) 684-1108 (fax) 6 Email: jhendrickson@ag.nv.gov 7 Attorneys for Defendants William Reubart and Daniel Wheeler 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 WESLIE MARTIN, Case No. 3:21-cv-00365-ART-CSD 12 Plaintiff, STIPULATED CONFIDENTIALITY 13 v. AGREEMENT AND PROTECTIVE ORDER 14 THE STATE OF NEVADA, et al., 15 Defendants. 16 The parties to this proposed Stipulated Confidentiality Agreement and Protective 17 (Order) Order have agreed to the terms of this Order; accordingly, it is ORDERED: 18 1. Scope. All materials produced or adduced from the parties or non-parties in 19 the course of discovery, including initial disclosures, responses to discovery requests, 20 responses to subpoenas, deposition testimony and exhibits, and information derived 21 directly therefrom (hereinafter collectively “documents”), shall be subject to this Order 22 concerning Confidential Information as defined below. This Order is subject to the local 23 rules of this Court and the Federal Rules of Civil Procedure on matters of procedure and 24 the calculation of time periods. 25 2. Confidential Information. As used in this Order, “Confidential 26 Information” means information designated as “CONFIDENTIAL” by the producing party, 27 after the entry of this Order. Information designed as “Confidential Information” by the 28 producing party must be information that the producing party believes, in good faith, would 2 without limitation, confidential information, private financial information, private medical 3 information, personal identification or employment records. 4 3. Designation 5 (a) A party may designate a document as Confidential Information for 6 protection under this Order by placing or affixing the words “CONFIDENTIAL” on the 7 document and on all copies in a manner that will not interfere with the legibility of the 8 document. As used in this Order, “copies” includes electronic images, duplicates, extracts, 9 summaries, or descriptions that contain the Confidential Information. The marking 10 “CONFIDENTIAL” shall be applied prior to or at the time of the documents are produced 11 or disclosed. Applying the marking “CONFIDENTIAL” to a document does not mean that 12 the document has any status or protection by statute or otherwise except to the extent and 13 for the purposes of this Order. Any copies that are made of any documents marked 14 “CONFIDENTIAL” shall also be so marked. 15 (b) Limited Third-Party Disclosures of Information Marked 16 “CONFIDENTIAL.” The parties and counsel for the parties shall not disclose or permit 17 the disclosure of any Confidential Information marked “CONFIDENTIAL” to any third 18 person or entity except as set forth below in subparagraphs (1)-(9). Subject to these 19 requirements, the following categories of persons may be allowed to review Information 20 marked “CONFIDENTIAL”: 21 (1) Counsel. Counsel for the parties and employees of counsel who 22 have responsibility for the action; 23 (2) Parties. Individual parties and employees of a party but only to 24 the extent receiving counsel determines in good faith that the 25 employee’s assistance is reasonably necessary to the conduct of 26 the litigation in which the information is disclosed; 27 (3) The Court and its personnel; 28 /// 2 recorders engaged for depositions; 3 (5) Contractors. Those persons specifically engaged for the limited 4 purpose of making copies of documents or organizing or 5 processing documents, including outside vendors hired to process 6 electronically stored documents; 7 (6) Consultants and Experts. Consultants, investigators, or 8 experts employed by the parties or counsel for the parties to 9 assist in the preparation and trial of this action but only after 10 such persons have completed the certification contained in 11 Attachment A, Acknowledgment of Understanding and 12 Agreement to Be Bound; 13 (7) Witnesses at depositions. During their depositions, witnesses 14 in this action to whom disclosure is reasonably necessary. 15 Witnesses shall not retain a copy of documents containing 16 Confidential Information, except witnesses may receive a copy of 17 all exhibits marked at their depositions in connection with 18 review of the transcripts. Pages of transcribed deposition 19 testimony or exhibits to depositions that are designated as 20 Confidential Information pursuant to the process set out in this 21 Order must be separately bound by the court reporter and may 22 not be disclosed to anyone except as permitted under this Order. 23 (8) Author or recipient. The author or recipient of the document 24 (not including a person who received the document in the course 25 of litigation); and 26 (9) Others by Consent. Other persons only by written consent of 27 the producing party or upon order of the Court and on such 28 conditions as may be agreed or ordered. 2 this Protective Order shall not be used for any litigation other than the matter in which it 3 is produced. Its confidentiality shall be maintained in a manner such that Plaintiff and/or 4 any other attorney cannot use it in any of Plaintiff’s current or future litigation, it can only 5 be used in connection with 3:21-cv-00365-ART-CSD. It shall not be shared with any other 6 counsel than the parties to the Stipulation and Protective Order. 7 (d) Control of Documents. Counsel for the parties shall make reasonable 8 efforts to prevent unauthorized or inadvertent disclosure of Confidential Information. 9 Counsel shall maintain the originals of the forms signed by persons acknowledging their 10 obligations under this Order for a period of three years after the termination of the case. 11 5. Inadvertent Failure to Designate. An inadvertent failure to designate a 12 document as Confidential Information does not, standing alone, waive the right to so 13 designate the document. If a party designates a document as Confidential Information after 14 it was initially produced, the receiving party, on notification of the designation, must make 15 a reasonable effort to assure that the document is treated in accordance with the provisions 16 of this Order. No party shall be found to have violated this Order for failing to maintain 17 the confidentiality of material during a time when that material has not been designated 18 Confidential Information, even where the failure to so designate was inadvertent and 19 where the material is subsequently designated Confidential Information. 20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 21 Confidential Information to any person or in any circumstance not authorized under this 22 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 23 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 24 copies of the Confidential Information, (c) inform the person or persons to whom 25 unauthorized disclosures were made of all the terms of this Order, and (d) request such 26 person or persons to execute the “Acknowledgment and Agreement to Be Bound by 27 Stipulated Protective Order” (Exhibit A). 28 /// 2 authorize the filing of any document under seal. Any party wishing to file a document 3 designated as Confidential Information in connection with a motion, brief or other 4 submission to the Court must comply with Local Rule IA 10-5 of the Local Rules of Practice 5 for the United States District Court, District of Nevada.
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Attorney General 2 JAMIE S. HENDRICKSON (Bar No. 12770) Senior Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 100 N. Carson Street Carson City, Nevada 89701-4717 5 (775) 684-1234 (phone) (775) 684-1108 (fax) 6 Email: jhendrickson@ag.nv.gov 7 Attorneys for Defendants William Reubart and Daniel Wheeler 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 WESLIE MARTIN, Case No. 3:21-cv-00365-ART-CSD 12 Plaintiff, STIPULATED CONFIDENTIALITY 13 v. AGREEMENT AND PROTECTIVE ORDER 14 THE STATE OF NEVADA, et al., 15 Defendants. 16 The parties to this proposed Stipulated Confidentiality Agreement and Protective 17 (Order) Order have agreed to the terms of this Order; accordingly, it is ORDERED: 18 1. Scope. All materials produced or adduced from the parties or non-parties in 19 the course of discovery, including initial disclosures, responses to discovery requests, 20 responses to subpoenas, deposition testimony and exhibits, and information derived 21 directly therefrom (hereinafter collectively “documents”), shall be subject to this Order 22 concerning Confidential Information as defined below. This Order is subject to the local 23 rules of this Court and the Federal Rules of Civil Procedure on matters of procedure and 24 the calculation of time periods. 25 2. Confidential Information. As used in this Order, “Confidential 26 Information” means information designated as “CONFIDENTIAL” by the producing party, 27 after the entry of this Order. Information designed as “Confidential Information” by the 28 producing party must be information that the producing party believes, in good faith, would 2 without limitation, confidential information, private financial information, private medical 3 information, personal identification or employment records. 4 3. Designation 5 (a) A party may designate a document as Confidential Information for 6 protection under this Order by placing or affixing the words “CONFIDENTIAL” on the 7 document and on all copies in a manner that will not interfere with the legibility of the 8 document. As used in this Order, “copies” includes electronic images, duplicates, extracts, 9 summaries, or descriptions that contain the Confidential Information. The marking 10 “CONFIDENTIAL” shall be applied prior to or at the time of the documents are produced 11 or disclosed. Applying the marking “CONFIDENTIAL” to a document does not mean that 12 the document has any status or protection by statute or otherwise except to the extent and 13 for the purposes of this Order. Any copies that are made of any documents marked 14 “CONFIDENTIAL” shall also be so marked. 15 (b) Limited Third-Party Disclosures of Information Marked 16 “CONFIDENTIAL.” The parties and counsel for the parties shall not disclose or permit 17 the disclosure of any Confidential Information marked “CONFIDENTIAL” to any third 18 person or entity except as set forth below in subparagraphs (1)-(9). Subject to these 19 requirements, the following categories of persons may be allowed to review Information 20 marked “CONFIDENTIAL”: 21 (1) Counsel. Counsel for the parties and employees of counsel who 22 have responsibility for the action; 23 (2) Parties. Individual parties and employees of a party but only to 24 the extent receiving counsel determines in good faith that the 25 employee’s assistance is reasonably necessary to the conduct of 26 the litigation in which the information is disclosed; 27 (3) The Court and its personnel; 28 /// 2 recorders engaged for depositions; 3 (5) Contractors. Those persons specifically engaged for the limited 4 purpose of making copies of documents or organizing or 5 processing documents, including outside vendors hired to process 6 electronically stored documents; 7 (6) Consultants and Experts. Consultants, investigators, or 8 experts employed by the parties or counsel for the parties to 9 assist in the preparation and trial of this action but only after 10 such persons have completed the certification contained in 11 Attachment A, Acknowledgment of Understanding and 12 Agreement to Be Bound; 13 (7) Witnesses at depositions. During their depositions, witnesses 14 in this action to whom disclosure is reasonably necessary. 15 Witnesses shall not retain a copy of documents containing 16 Confidential Information, except witnesses may receive a copy of 17 all exhibits marked at their depositions in connection with 18 review of the transcripts. Pages of transcribed deposition 19 testimony or exhibits to depositions that are designated as 20 Confidential Information pursuant to the process set out in this 21 Order must be separately bound by the court reporter and may 22 not be disclosed to anyone except as permitted under this Order. 23 (8) Author or recipient. The author or recipient of the document 24 (not including a person who received the document in the course 25 of litigation); and 26 (9) Others by Consent. Other persons only by written consent of 27 the producing party or upon order of the Court and on such 28 conditions as may be agreed or ordered. 2 this Protective Order shall not be used for any litigation other than the matter in which it 3 is produced. Its confidentiality shall be maintained in a manner such that Plaintiff and/or 4 any other attorney cannot use it in any of Plaintiff’s current or future litigation, it can only 5 be used in connection with 3:21-cv-00365-ART-CSD. It shall not be shared with any other 6 counsel than the parties to the Stipulation and Protective Order. 7 (d) Control of Documents. Counsel for the parties shall make reasonable 8 efforts to prevent unauthorized or inadvertent disclosure of Confidential Information. 9 Counsel shall maintain the originals of the forms signed by persons acknowledging their 10 obligations under this Order for a period of three years after the termination of the case. 11 5. Inadvertent Failure to Designate. An inadvertent failure to designate a 12 document as Confidential Information does not, standing alone, waive the right to so 13 designate the document. If a party designates a document as Confidential Information after 14 it was initially produced, the receiving party, on notification of the designation, must make 15 a reasonable effort to assure that the document is treated in accordance with the provisions 16 of this Order. No party shall be found to have violated this Order for failing to maintain 17 the confidentiality of material during a time when that material has not been designated 18 Confidential Information, even where the failure to so designate was inadvertent and 19 where the material is subsequently designated Confidential Information. 20 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 21 Confidential Information to any person or in any circumstance not authorized under this 22 Stipulated Protective Order, the Receiving Party must immediately (a) notify in writing 23 the Designating Party of the unauthorized disclosures, (b) use its best efforts to retrieve all 24 copies of the Confidential Information, (c) inform the person or persons to whom 25 unauthorized disclosures were made of all the terms of this Order, and (d) request such 26 person or persons to execute the “Acknowledgment and Agreement to Be Bound by 27 Stipulated Protective Order” (Exhibit A). 28 /// 2 authorize the filing of any document under seal. Any party wishing to file a document 3 designated as Confidential Information in connection with a motion, brief or other 4 submission to the Court must comply with Local Rule IA 10-5 of the Local Rules of Practice 5 for the United States District Court, District of Nevada. Unless otherwise permitted by 6 statute, rule or prior court order, papers filed with the court under seal shall be 7 accompanied by a contemporaneous motion for leave to file those documents under seal, 8 and shall be filed consistent with the court’s electronic filing procedures in accordance with 9 Local Rule IA 10-5. Notwithstanding any agreement among the parties, the party seeking 10 to file a paper under seal bears the burden of overcoming the presumption in favor of public 11 access to papers filed in court. Kamakana v. City and County of Honolulu, 447 F.2d 1172 12 (9th Cir. 2006); Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th 13 Cir. 2016). 14 (b) No Greater Protection of Specific Documents. Except on privilege 15 grounds not addressed by this Order, no party may withhold information from disclosure 16 on the ground that it requires protection greater than that afforded by this Order unless 17 the party moves for an order providing such special protection. 18 (c) Challenges by a Party to Designation as Confidential 19 Information. The designation of any material or document as Confidential Information is 20 subject to challenge by any party. The following procedure shall apply to any such 21 challenge. 22 (1) Meet and Confer. A party challenging the designation of 23 Confidential Information must do so in good faith and must begin 24 the process by conferring directly with counsel for the 25 designating party. In conferring, the challenging party must 26 explain the basis for its belief that the confidentiality designation 27 was not proper and must give the designating party an 28 opportunity to review the designated material, to reconsider the 2 the basis for the designation. The designating party must 3 respond to the challenge within five (5) judicial days. 4 (2) Judicial Intervention. A party that elects to challenge a 5 confidentiality designation may file and serve a motion that 6 identifies the challenged material and sets forth in detail the 7 basis for the challenge. Each such motion must be accompanied 8 by a competent declaration that affirms that the movant has 9 complied with the meet and confer requirements of this 10 procedure. The burden of persuasion in any such challenge 11 proceeding shall be on the designating party. Until the Court 12 rules on the challenge, all parties shall continue to treat the 13 materials as Confidential Information under the terms of this 14 Order. 15 (3) Action by the Court. Applications to the Court for an order 16 relating to materials or documents designated Confidential 17 Information shall be by motion. Nothing in this Order or any 18 action or agreement of a party under this Order limits the 19 Court’s power to make orders concerning the disclosure of 20 documents produced in response to the subpoena duces-tecum. 21 (4) Use of Confidential Documents or Information at Trial. 22 Nothing in this Order shall be construed to affect the use of any 23 document, material, or information at any trial or hearing. A 24 party that intends to present or that anticipates that another 25 party may present Confidential Information at a hearing or trial 26 shall bring that issue to the Court’s and parties’ attention by 27 motion or in a pretrial memorandum without disclosing the 28 Confidential Information. The Court may thereafter make such 2 information at trial. 3 6. Produced in Other Litigation. 4 (a) If a receiving party is served with a subpoena or an order issued in other 5 litigation that would compel disclosure of any material or document designated in this 6 action as Confidential Information, the receiving party must so notify the designating 7 party, in writing, immediately and in no event more than three business days after 8 receiving the subpoena or order. Such notification must include a copy of the subpoena or 9 court order. 10 (b) The receiving party also must immediately inform in writing the party 11 who caused the subpoena or order to issue in the other litigation that some or all of the 12 material covered by the subpoena or order is the subject of this Order. In addition, the 13 receiving party must deliver a copy of this Order promptly to the party in the other action 14 that caused the subpoena to issue. 15 (c) The purpose of imposing these duties is to alert the interested persons 16 to the existence of this Order and to afford the designating party in this case an opportunity 17 to try to protect its Confidential Information in the court from which the subpoena or order 18 issued. The designating party shall bear the burden and the expense of seeking protection 19 in that court of its Confidential Information, and nothing in these provisions should be 20 construed as authorizing or encouraging a receiving party in this action to disobey a lawful 21 directive from another court. The obligations set forth in this paragraph remain in effect 22 while the party has in its possession, custody or control Confidential Information by the 23 other party to this case. 24 7. Challenges by Members of the Public to Sealing Orders. A party or 25 interested member of the public has a right to challenge the sealing of particular documents 26 that have been filed under seal, and the party asserting confidentiality will have the burden 27 of demonstrating the propriety of filing under seal. 28 /// 2 final judgment not subject to further appeal. 3 9. No Effect on Rendering Legal Advice. Nothing in this Order shall bar or 4 otherwise prevent any attorney herein from (1) rendering advice to his or her client with 5 respect to this litigation and in the course thereof, from relying upon his or her examination 6 or knowledge of Confidential Information and any information derived therefrom, or (2) 7 providing his or her client information about the type of information designated as 8 Confidential Information in order to provide legal advice regarding the designation and 9 whether to challenge the same; provided, however, that in rendering such advice and in 10 otherwise communicating with his or her client, such attorney shall not provide or show 11 copies of the Confidential Information produced by another party or party herein to any 12 person who is not authorized to receive such information under the provisions of this Order. 13 10. Order Subject to Modification. This Order shall be subject to modification 14 by the Court on its own initiative or on motion of a party or any other person with standing 15 concerning the subject matter. 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 11. Persons Bound. This Order shall take effect when entered and shall be 2 binding upon all counsel of record and their law firms, the parties, and persons made 3 || subject to this Order by its terms. 4 DATED October 16, 2025. DATED October 16, 2025. 5 |} AARON D. FORD TRAVIS N. BARRICK, PC ‘ Attorney General /s/ Jamie S. Hendrickson /s/ Travis N. Barrick 7 || AARON D. FORD TRAVIS N. BARRICK (Bar No. 9257) Attorney General 730 Las Vegas Blvd. S., Ste. 104 8 || JAMIE S. HENDRICKSON (Bar No. 12770) Las Vegas, Nevada 89101 Senior Deputy Attorney General Telephone: (702) 892-3500 9 || State of Nevada Facsimile: (702) 386-1946 Office of the Attorney General Email: tbarrick@vegascase.com 10 || 100 North Carson Street Attorneys for Denzel Hosea Martin, Carson City, Nevada 89701-4717 Special Administrator of the Estate of 11 || (775) 684-1234 (phone) Weslie Hosea Martin (775) 684-1108 (fax) 12 || Email: jhendrickson@ag.nv.gov 3 Attorneys for Defendants 14 ||} DATED October 16, 2025. 15 LAWRENCE & LAWRENCE LAW, PLLC 16 17 /s/Nathan E. Lawrence 18 || NATHAN E. LAWRENCE (Bar No. 15060) JOSEPH P. LAWRENCE (Bar No. 16726) 19 || 9480 S. Eastern Ave., Ste. 213 Las Vegas, Nevada 89123 20 || Telephone: (702) 534-6556 Facsimile: (702) 602-5168 21 || Email: nathan@law2esq.com joseph@law2esq.com 22 || Attorneys for Denzel Hosea Martin, Special Administrator of the Estate of Weslie 23 || Hosea Martin 24 25 IT IS SO ORDERED. 26 ¢ 27 UNITED STATE GISTRATE JUDGE 28 DATE: October 17, 2025
2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________, have read in its entirety and understand the Stipulated 4 Confidentiality Agreement and Protective Order (“Protective Order”) that was issued by 5 the United States District Court, District of Nevada on ______________, 2025, in the case 6 of Martin v. The State of Nevada, et al., Case No. 3:21-cv-00365-ART-CSD. I agree to comply 7 with and to be bound by all terms of this Protective Order and I understand and 8 acknowledge that failure to so comply could expose me to sanctions and punishment in the 9 nature of contempt. I solemnly promise that I will not disclose in any manner any 10 information or item that is subject to this Protective Order that any person entity except 11 in strict compliance with the provisions of this Order. Further, I solemnly promise that I 12 will not offer to sell, advertise or publicize that I have obtained any Protected Material 13 subject to this Protective Order. 14 At the conclusion of this matter, I will return all Protected Material which came into 15 my possession to counsel for the party from whom I received the Protected Material, or I 16 will destroy those materials. I understand that any Confidential Information contained 17 within any summaries of Protected Material shall remain protected pursuant to the terms 18 of this Order. 19 I further agree to submit to the jurisdiction of the United States District Court, 20 District of Nevada for the purpose of enforcing the terms of this Protective Order during 21 the pendency of this action. 22 I certify under the penalty of perjury that the foregoing is true and correct. 23 Date: _______________________________________________________________ 24 City and State where signed: _________________________________________ 25 Printed name: _______________________________________________________ 26 Address: ____________________________________________________________ 27 28 EXHIBIT A
Acknowledgment and Agreement
To be Bound by
Stipulated Protective Order
EXHIBIT A 2 I, _____________, have read in its entirety and understand the Stipulated 3 Confidentiality Agreement and Protective Order (“Protective Order”) that was issued by 4 the United States District Court, District of Nevada on ______________, 2025, in the case 5 of Martin v. The State of Nevada, et al., Case No. 3:21-cv-00365-ART-CSD. I agree to comply 6 with and to be bound by all terms of this Protective Order and I understand and 7 acknowledge that failure to so comply could expose me to sanctions and punishment in the 8 nature of contempt. I solemnly promise that I will not disclose in any manner any 9 information or item that is subject to this Protective Order that any person entity except 10 in strict compliance with the provisions of this Order. Further, I solemnly promise that I 11 will not offer to sell, advertise or publicize that I have obtained any Protected Material 12 subject to this Protective Order. 13 At the conclusion of this matter, I will return all Protected Material which came into 14 my possession to counsel for the party from whom I received the Protected Material, or I 15 will destroy those materials. I understand that any Confidential Information contained 16 within any summaries of Protected Material shall remain protected pursuant to the terms 17 of this Order. 18 I further agree to submit to the jurisdiction of the United States District Court, 19 District of Nevada for the purpose of enforcing the terms of this Protective Order during 20 the pendency of this action. 21 I certify under the penalty of perjury that the foregoing is true and correct. 22 Date: _______________________________________________________________ 23 City and State where signed: _________________________________________ 24 Printed name: _______________________________________________________ 25 Address: ____________________________________________________________ 26 27 28