Grogan v. SR Construction, Inc. ( 2021 )

WILLIAM J. GEDDES 1 || Nevada Bar No. 6984 KRISTEN R. GEDDES 2 || Nevada Bar No. 9027 THE GEDDES LAW FIRM, P.C. 3|| 1575 Delucchi Lane, Suite 206 Reno, Nevada 89502 Phone: (775) 853-9455 Fax: (775) 299-5337 5 || Email: Will@TheGeddesLawFirm.com Email: Kristen@TheGeddesLawFirm.com 6 Attorneys for Plaintiff 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9|| MONA GROGAN, an individual, CASE NO: 3:20-cv-00597-MMD-WGC 10 Plaintiff, vs. sk CONSTRUCTION, INC., a domestic 13 corporation. STIPULATED PROTECTIVE ORDER Regarding 14 Defendant. CONFIDENTIALITY OF DOCUMENTS 15 PRODUCED IN LITIGATION 17 Pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 26(f) and U.S. District Court 18]| Nevada Rule (“Local Rule”) 26-1(a), the parties through their respective counsel, hereby submit t 19 following Stipulated Protective Order. RECITALS 21 WHEREAS: the parties to the above-captioned litigation anticipate that discovery will requ: the parties to disclose records and information that are confidential and sensitive; such records a 23 anticipated to include the parties’ private employment records, or any other personally identifiak information subject to protection under the Federal Rules of Civil Procedure or Nevada le 25 (“Confidential Information’); and 26 WHEREAS: the parties seek to protect and prevent the improper dissemination of su “Confidential Information” to third parties, during the course of litigation and after the litigation h 28 ended; I. STIPLUATION 2 THEREFORE: the parties, by and through their respective counsel of record, hereby stipula 3 || and request the Court issue an Order (“Stipulated Protective Order’), protecting the confidential natu 4|| of certain records and information as may be produced during the course of the above-caption 5 || matters, as follows: 6 1. If any person or entity, whether or not a party to the instant action, produces or receiv 7\| answers to interrogatories, or documents or other things, which the producing or receiving person 8 || entity considers to be “Confidential Information,” as defined herein in § II(3)(A)(1) infra; or 9 2. If there is deposition testimony which any person or entity, whether or not a party to t 10]| instant action, believes contains “Confidential Information,” as defined herein in § II(3)(A)(I) infra; o1 1] 3. Third parties produce information which the third-parties assert is confidential, t following procedure shall govern pursuant to Fed. R. Civ. P. 26(c) et. seq.: 13 A. Any documents (and the contents thereof), things or information falling with 14]| the definition of “Confidential Information,” set forth herein in § II(3)(A)(]) infra, that are produc 3 15|| may be designated and marked, in whole or in part, without regard to whether redactions are mac 16|| “Confidential” by the party producing the documents or information, at the time the documents a 17]| delivered to or made available for inspection by any party; 18 I. “Confidential Information” is defined herein as: (a) employment recor of any employees or former employees of any party; (b) confidential notes, memoranda, and statemer 20|| regarding non-party employees; (c) confidential information concerning the discipline and/ termination of non-party employees and former employees; (d) the production of information documents proprietary to any party, including by way of example and not limitation, tax □□□□□ 23 || financial statements; (e) other private information of any party or non-party to the present litigatic including consumer records, e.g., phone bills; (f) financial records and business records of any pers 25]| or entity, whether a party or non-party to the present litigation; or (g) medical records, □□□□□□□□ 26]| medical bills and psychological records, and medical information of any person, whether a party non-party to the present litigation. 28 B. If a party produces to another party items that contain Confidential Informati: as defined above, that party may designate one or more documents, or a portion of a document, 2 || “Confidential” before producing that document to the other party. Such designation shall be made | 3]|| marking, stamping or typing the word “Confidential” on each page of the document at the time it produced to the receiving party’s counsel; 5 C. Any party may designate deposition testimony as “Confidential” by oral 6|| making such a designation on the record either at the commencement of the deposition, at the time t testimony is given, and/or before the end of that day's questioning. Following such a designation, t court reporter shall mark “Confidential” on the transcript or the portion thereof containing t 9 || “Confidential” testimony; 10 D. In addition, documents or items produced by one party may be designat 11 || “Confidential” by the other party, i.e., the receiving party, by: 12 I. marking the document, in whole or in part, “Confidential” in the san 13 |imanner as stated above; and 14 Il. then forwarding a copy of the marked document back to the produci 3 15 |party; 16 E. In this regard, the receiving party seeking the “Confidential” designation □□ 17]| designate, by number, each document it believes should be “Confidential”; 18 F. If the receiving party has no objection to the “Confidential” designation made | the producing party, the receiving party may either expressly notify the producing party or allow the t calendar-day objection period (set forth below) to lapse. Where there has been no written objecti made, once a document or item has been produced and designated as provided herein to the receivi 22 || party, the document or item shall be treated as “Confidential,” respectively, pursuant to this Stipulat 23 || Protective Order, until further order of the Court; 24 4. The following protocol shall apply in the event of an objection to a designation 25 || “Confidential”: 26 A. If there is an objection to the “Confidential” designation, the party so objecti must notify the other party in writing of both the objection and the grounds for the objection with 28 || twenty-five (25) calendar days from the date the designation was made or the document(s)/item( ] || received, whichever is later, and the procedure herein in § II(4)(B) infra, shall apply; 2 B. If the parties do not agree that the documents, information or testimony shou 3 || be treated as confidential, the parties shall attempt to resolve the issue by meeting and conferring. If resolution does not occur, either party may file a motion with the Court to resolve the dispute. Su 5|| motion must be filed within thirty (30) calendar days of receipt of the written objection to t 6|| designation, unless stipulated otherwise by counsel. If an objection has been raised, the documen testimony and/or information at issue shall be governed by §§ II (3)(A)-(F), inclusive, of this Stipulat 8 || Protective Order, and treated and regarded as “Confidential” from the date of disclosure and/ production until the dispute is resolved informally by the parties or a final order is issued by the Cot 10]| resolving the dispute. In the event of such motion, the parties having entered into this Stipulation ai 11]| the existence of the Court's Order entered thereon shall not affect the burden of proof on any su 12]| motion, nor impose any burdens upon any party that would not exist had this Stipulated Protecti 13 || Order not been entered; 14 5. A document or testimony, or portion, summary, or abstract thereof, that is to be treat 15]| “Confidential” pursuant to this Stipulated Protective Order shall not be disclosed to, revealed to discussed with any persons other than the parties, counsel of record for the parties, attorneys, leg 17]| assistants and clerical personnel employed by them, and other persons to whom disclosure is necessa 18]| for the purposes of this litigation. (This allows disclosure to the officers, directors, employees or form 19|| employees of the parties, persons requested by counsel for any party to furnish technical or exp: 20]| service or to give expert testimony with regard to the subject matter of the document(s), item(s) 21] expert testimony for the trial of this action). However, each such person to whom a party makes su disclosure shall read this Stipulated Protective Order and acknowledge in writing that he/she is ful 23 || familiar with the terms hereof and agrees to comply with, and be bound by, this Stipulated Protecti Order until modified by either further order of the Court or agreement of all the affected parties; 25 6. Anyone seeking to file any “Confidential” documents, testimony, or information or a: 26]| pleadings or memorandum purporting to reproduce or paraphrase all or any portion of such □□□□□□□□□ material with this Court must first attempt to make such filings confidentially, by seeking to obta 28 || prior leave of Court for filing the same under seal. Notwithstanding any agreement among the partic ] || the party seeking to file a paper under seal bears the burden of overcoming the presumption in favor 2|| public access to papers filed in Court. Any motion regarding filing confidential information a motions to seal shall comply with LR IA 10-5 and the requirements of Kamakana vy. City and County 4|| Honolulu, 447 F.3d 1172 (9th Cir. 2006). See also, Center for Auto Safety v. Chrysler Group, LL 5|| 809 F.3d 1092, 1097 (9th Cir. 2016). NOTE: If the document is filed electronically, the appropriz 6|| protocol for that purpose will be utilized; 7 7. If such application for leave of Court to file any document(s) under seal is denied, th 8 || the party who sought leave will be relieved, in that instance only, and only as to such documents f which leave of Court was denied, from complying with this stipulation in relation to that filing; 10 8. Any documents, testimony, and/or information that has been rendered “Confidentie 11 || under the parties’ Stipulated Protective Order and any other information produced or exchanged in t 12]| course of this case (other than information that is publicly available) is to be used only in the abov 13]| captioned action, and may not be used in any other action or for any other purpose unless the pat 14]| seeking to make such use has acquired the documents, testimony, and/or information from a sour 3 15]| independent of the above-captioned action; 16 9. Within forty-five (45) calendar days of the entry of the final order concluding tl 17]| judicial proceeding, all “Confidential” documents or things; any copies, summaries, and abstrac 18]| thereof; or notes relating thereto, shall be returned to the producing party or destroyed by the receivit 19]| party (including by being shredded), at the option of the receiving party, with proof or attestation such destruction of records being transmitted by the receiving party to the producing party, except otherwise ordered by the Court or stipulated in writing by the parties. Counsel of record shall obta return of such information, things, and/or documents from any person to whom that counsel has ma 23 || available the documents or information produced by the other party designated as “Confidentia Notwithstanding any other language contained in this Order, each party’s counsel of record shall allowed to retain for its files a copy of all pleadings, motions, exhibits, or other papers filed and/ lodged with the Court, and of all documents designated by both parties or any non-party “Confidential” and/or summaries or abstracts thereof (including but not limited to documents of a1 28 || type prepared by a party and/or counsel that are subject to the attorney-client privilege and/or t attorney work-product doctrine). All such documents and information retained by counsel of reco 2 || must be maintained in a confidential manner and used only in accordance with this Order. 3 10. This Stipulated Protective Order may be amended, without prior leave of the Court, | the agreement of counsel for the parties in the form of a stipulation and order that shall be filed in tl 5|| case. Nothing herein shall be construed so as to prevent any party from seeking relief from this Ord at any time; 7 11. The terms of this Stipulated Protective Order do not preclude, limit, or otherwise app 8 || to the use of documents at trial; 9 12. Nothing herein shall be deemed to waive any applicable privilege or work produ 10]| protection, or to affect the ability of a party to seek relief for an inadvertent disclosure or materi 11]| protected by privilege or the work product doctrine; 12 13. Any witness or other person, firm or entity from which discovery is sought may > 13]| informed of and may obtain the protection of this Stipulated Protective Order by written advice of t 14]| parties’ respective counsel or by oral advice at the time of any deposition or similar proceeding; and 3 15 14. The parties reserve their rights to assert the confidentiality of documents and 17]|... 18]]... 19]... 20]|... 21]]... 22))... 23]]... 24)... 25]/... 26]|... 27]|... 28])... 1 || information produced irrespective of their production pursuant to this Stipulated Protective Order. Dated: February 5, 2021 THE GEDDES LAW FIRM, P.C. 3 4 William J. Geddes, Esq. Nevada Bar No. 6984 5 Kristen R. Geddes Nevada Bar No. 9027 6 1575 Delucchi Lane, Suite 206 Reno, Nevada 89502 7 Phone: (775) 853-9455 Fax: (775) 299-5337 8 Email: Kristen@thegeddeslawfirm.com 9 Attorneys for Plaintiffs 10}| Dated: February 5, 2021 GORDON REESE SCULLY MANSUKHANTI, LLP 11 Electronic signature authorized 12 /s/ Brad Weintraub, Esq. 13 Brad M. Weintraub, Esq. (Pro Hac Vice) California Bar No. 299298 14 275 Battery Street, Suite 2000 San Francisco, CA 94111 15 Phone: (415) 986-5900 Fax: (415) 986-8054 16 E-mail:bweintraub@grsm.com 7 Attorneys for Defendant 18 ORDER 19 50 THE COURT, having considered the preceding Stipulation and good cause appearing therefo 5 HEREBY GRANTS the relief and protections requested therein. IT IS HEREBY ORDERED that th preceding Stipulation and this Stipulated Protective Order shall be and remain in effect, as stipulate 22 therein. 23 IT ISSO ORDERED. 24 25 DATED: February 8, 2021 26 27 1. 28 UNITED STATES MAGISTRATE JUDGE