Woods v. City of Reno

• Court: District Court, D. Nevada
• Decided: November 19, 2019
• Docket: 3:16-cv-00494
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT 1 DISTRICT OF NEVADA 2 || CATHY WOODS (a/k/a ANITA ) CARTER), by and through her Personal ) 3 Representative, LINDA WADE, Case No.: 3:16-CV-00494-MMD-DJA 4 Plaintiff, ) v. ) 5 ) CITY OF RENO, NEVADA, ) AMENDED PROTECTIVE ORDER 6 || LAWRENCE C. DENNISON, DONALD ) W. ASHLEY, and CLARENCE A. ) 7 || “JACKIE” LEWIS ) ) 8 Defendants. 9 ) 10 11 In order to protect the confidentiality of confidential information obtained by 12 ||the 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 14 ||the relevant page or other otherwise set forth herein) any document or response to 15 || discovery which that party or non-party considers in good faith to contain 16 information involving trade secrets, or confidential business or financial 17 information, subject to protection under the Federal Rules of Civil Procedure or

18 Nevada law (“Confidential Information”). Where a document or response consists of

19 more than one page, the first page and each page on which confidential information

20 appears shall be so designated.

21 2. A party or non-party may designate information disclosed during a deposition or in response to written discovery as “confidential by so indicating in 22 said response or on the record at the deposition and requesting the preparation of a 23 separate transcript of such material. Additionally a party or non-party may 24 designate in writing, within twenty (20) days after receipt of said responses or of the 25

1 deposition transcript for which the designation is proposed, that specific pages of

2 the transcript and/or specific responses be treated as “confidential” information. 3 Any other party may object to such proposal, in writing or on the record. Upon such 4 objection, the parties shall follow the procedures described in paragraph 8 below. After any designation made according to the procedure set forth in this paragraph, 5 the designated documents or information shall be treated according to the 6 designation until the matter is resolved according to the procedures described in 7 paragraph 8 below, and counsel for all parties shall be responsible for making all 8 previously unmarked copies of the designated material in their possession or control 9 with the specific designation. 10 3. All information produced or exchanged in the course of this case (other 11 than information that is publicly available) shall be used by the party or parties to 12 whom the information is produced solely for the purpose of this case. 13 4. Except with the prior written consent of other parties, or upon prior 14 order of this Court obtained upon notice to opposing counsel, Confidential 15 Information shall not be disclosed to any person other than: 16 a. Counsel for the respective parties to this litigation, including in-house 17 counsel and co-counsel retained for this litigation; 18 b. Employees of such counsel; 19 c. Individual defendants, class representatives, any officer or employee of 20 a party, to the extent deemed necessary by Counsel for the prosecution 21 or defense of this litigation; 22 d. Consultants or expert witnesses retained for the prosecution or defense 23 of this litigation, provided that each such person shall execute a copy of 24 the Certification annexed to this Order as Exhibit “A” (which shall be 25 1 retained by counsel to the party so disclosing the Confidential

2 Information and made available for inspection by opposing counsel 3 during the pendency or after the termination of the action only upon 4 good cause shown and upon order of the Court) before being shown or given any Confidential Information; 5 e. Any authors or recipients of the Confidential Information; 6 f. The Court, Court personnel, and court reporters; 7 g. Witnesses (other than persons described in paragraph 4(e)). A witness 8 shall sign the Certification before being shown a confidential 9 document. Confidential Information may be disclosed to a witness who 10 will not sign the Certification only in a deposition at which the party 11 who designated the Confidential Information is represented or has 12 been given notice that Confidential Information shall be designated 13 “Confidential” pursuant to paragraph 2 above. Witnesses shown 14 Confidential Information shall not be allowed to retain copies; and 15 h. Counsel and counsel’s support staff for the Nevada Attorney General’s 16 Office handling 17 , pending on the Second Judicial District for the State of 18 Nevada, in the County of Washoe, provided that each such person shall 19 execute a copy of the Certification annexed to this Order as Exhibit “A” 20 (which shall be retained by counsel to the party so disclosing the 21 Confidential Information and made available for inspection by 22 opposing counsel during the pendency or after the termination of the 23 action only upon good cause shown and upon order of the Court) before 24 being shown or given any Confidential Information. 25 1 5. Any persons receiving Confidential Information shall not reveal or

2 discuss such information to or with any person who is not entitled to receive such 3 information, except as set forth herein. 4 6. Unless otherwise permitted by statute, rule or prior court order, papers filed with the court under seal shall be accompanied by a contemporaneous 5 motion for leave to file those documents under seal, and shall be filed consistent 6 with the court’s electronic filing procedures in accordance with Local Rule IA 10-5. 7 Notwithstanding any agreement among the parties, the party seeking to file a 8 paper under seal bears the burden of overcoming the presumption in favor of public 9 access to papers filed in court. , 447 F.2d 10 1172 (9th Cir. 2006); , 605 F.3d 665, 677-78 (9th Cir. 11 2010). 12 7. A party may designate as “Confidential” documents or discovery 13 materials produced by a non-party by providing written notice to all parties of the 14 relevant document numbers or other identification within thirty (30) days after 15 receiving such documents or other discovery materials. Any party or non-party may 16 voluntarily disclose to others without restriction any information designated by that 17 party or non-party as confidential, although a document may lose its confidential 18 status if it is made public. 19 8. If a party contends that any material is not entitled to confidential 20 treatment, such party may at any time give written notice to the party or non-party 21 who designated the material. The party or non-party who designated the material 22 shall have twenty-five (25) days from the receipt of such written notice to apply to 23 the Court for an order designating the material as confidential. The party or non- 24 25 1 party seeking the order has the burden of establishing that the document is entitled

2 to protection. 3 9. Notwithstanding any challenge to the designation of material as 4 Confidential Information, all documents shall be treated as such and shall be subject to the provisions hereof unless and until one the following occurs: 5 a. The party or non-party who claims that the material is Confidential 6 Information withdraws such designation in writing; or 7 b. The party or non-party who claims that the material is Confidential 8 Information fails to apply to the Court for an order designating the 9 material confidential within the time period specified above after 10 receipt of a written challenge to such designation; or 11 c. The Court rules the material is not confidential. 12 10. All provisions of this Order restricting the communication or use of 13 Confidential Information shall continue to be binding after the conclusion of this 14 action, unless otherwise agreed or ordered. Upon conclusion of the litigation, a party 15 in the possession of Confidential Informa6tion, other than that which is contained 16 in the pleadings, correspondence, and deposition transcripts, shall either (a) return 17 such documents no later than thirty (30) days after conclusion of this action to 18 counsel for the party or non-party who provided such information, or (b) destroy 19 such documents within the time period upon consent of the party who provided the 20 information and certify in writing within thirty (30) days that the documents have 21 been destroyed. 22 11. The terms of this Order do not preclude, limit, restrict, or otherwise 23 apply to the use of documents at trial. 24 25 1 12. Nothing herein shall be deemed to waive any applicable privilege or 2 || work product protection, or to affect the ability of a party to seek relief for an 3 || inadvertent disclosure of material protected by privilege or work product protection. 4 13. Any witness or other person, firm or entity from which discovery is 5 sought may be information of any may obtain the protection of this Order by writte G advice to the parties’ respective counsel or by oral advice at the time of any 7 deposition or similar proceeding. 8 9 IT IS SO ORDERED.

10 || 14/19/2019 \ ) 190 11 || Date UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25

1 EXHIBIT A

2 CERTIFICATION 3 I hereby certify my understanding that Confidential Information is being 4 provided to me pursuant to the terms and restrictions of the Amended Protective Order dated _________________ ____, 2018, in 5 , No. 3:16-CV-494-MMD-WGC. I have been given a copy of that 6 Order and read it. I agree to be bound by the Order. I will not reveal the 7 Confidential Information to anyone, except as allowed by the Order. I will maintain 8 all such Confidential Information—including copies, notes, or other transcriptions 9 made therefrom—in a secure manner to prevent unauthorized access to it. No later 10 than thirty (30) days after the conclusion of this action, I will return the 11 Confidential Information—including copies notes, or other transcriptions made 12 therefrom—to the counsel who provided me with the Confidential Information. I 13 hereby consent to the jurisdiction of the United States District Court for the 14 purpose of enforcing the Amended Protective Order. 15 16 DATED:_________________. __________________________________ 17 18 19 20 21 22 23 24 25