Woodburn v. City of Henderson ( 2021 )

1 || MONTGOMERY Y. PAEK, ESQ., Bar # 10176 ETHAN D. THOMAS, ESQ., Bar # 12874 EMILS. KIM, ESQ., Bar # 14894 3 LITTLER MENDELSON, P.C. 3960 Howard Hughes Parkway 4 Suite 300 Las Vegas, NV 89169-5937 5 Telephone: 702.862.8800 Fax No.: 702.862.8811 6 Email: mpaek@littler.com Email: edthomas@littler.com 7 Email: ekim@littler.com g Attorneys for Defendant CITY OF HENDERSON 9 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 12 KELLY WOODBURN, THOMAS Case No. 2:19-cv-01488-JAD-VCF 13 || WOODBURN, and JOSHUA RODRIGUEZ individually and on behalf 14 | ofall others similarly situated, STIPULATED PROTECTIVE ORDER 15 Plaintiffs, 16 vs. 17 | CITY OF HENDERSON; DOES I through V, inclusive; and ROE CORPORATIONS 18 7 through V, inclusive, 19 Defendants. 20 21 Plaintiffs KELLY WOODBURN, THOMAS WOODBURN, and JOSHUA RODRIGUEZ 22 (collectively “Plaintiffs”), and Defendant CITY OF HENDERSON ("Defendant"), (collectively the 23 “Parties”), by and through their respective counsel of record, hereby stipulate that in order to protect 24 the confidentiality of information produced by the parties in connection with this case, the Parties 25 agree as follows: 26 1. Any party may designate as “confidential” (by stamping the relevant page or labeling 27 the item or as otherwise set forth herein) any item, piece of information, document or response to 28 1 || discovery, which that party considers in good faith to contain information involving personal and 2 || confidential information of third-parties or non-parties, trade secrets, sensitive and/or confidential 3 || medical, sensitive and confidential information related to Corrections Officer safety, business or 4 || financial information of the Parties, or addresses and other contact information of Corrections Officers 5 || that is subject to protection under the Federal Rules of Civil Procedure or Nevada law (“Confidential 6 || Information”). Where a document or response consists of more than one page, the first page and each 7 || page on which Confidential Information appears shall be so designated. 8 2. A Party may designate documents, items, or information disclosed during a deposition, 9 || in response to written discovery as “confidential” by so indicating in said response or on the record at 10 || the deposition and requesting the preparation of a separate transcript of such material. Additionally, 11 || a Party may designate in writing, within fourteen (14) days after receipt of said responses or of the 12 || deposition transcript for which the designation is proposed, that specific pages of the transcript and/or 13 || specific responses be treated as Confidential Information. Any other Party may object to such 14 || proposal, in writing or on the record. Upon such objection, the Parties shall follow the procedures 15 || described in paragraph 8 below. After any designation made according to the procedure set forth in 16 || this paragraph, the designated documents or information shall be treated according to the designation 17 || until the matter is resolved according to the procedures described in paragraph 8 below, and counsel 18 || for all Parties shall be responsible for making all previously unmarked copies of the designated 19 || material in their possession or control with the “CONFIDENTIAL” designation. 20 3. All Confidential Information produced or exchanged in the course of this case (other 21 || than information that is publicly available) shall be used by the Party to whom the information is 22 || produced solely for the purpose of this case. 23 4. Except with the prior written consent of other Parties, or upon prior order of this Court 24 || obtained upon notice to opposing counsel, Confidential Information marked “CONFIDENTIAL” shall 25 || not be disclosed to any person other than: 26 (a) the Parties and counsel for the respective Parties to this litigation, including in- 27 || house counsel and co-counsel retained for this litigation; 28 (b) employees of such counsel; 2. ] (c) any officer or employee of a Party, to the extent deemed necessary by counsel 2 || for the prosecution or defense of this litigation; 3 (d) consultants or expert witnesses retained for the prosecution or defense of this 4 || litigation, provided that each such person shall execute a copy of the Certification annexed to this 5 || Stipulated Protective Order as Exhibit A (which shall be retained by counsel to the Party so disclosing 6 || the Confidential Information and made available for inspection by opposing counsel during the 7 || pendency or after the termination of the action only upon good cause shown and upon order of the 8 || Court) before being shown or given any Confidential Information; 9 (e) any authors or recipients of the Confidential Information; 10 (f) the Court, Court personnel, and court reporters; and 11 (g) witnesses (other than persons described in paragraph 4(e)). A witness shall sign 12 || the Exhibit A Certification before being shown a confidential document. Confidential Information 13 || may be disclosed to a witness who will not sign the Certification only in a deposition at which the 14 || Party who designated the Confidential Information is represented or has been given notice that 15 || Confidential Information shall be designated “Confidential” pursuant to paragraph 2 above. Witnesses 16 || shown Confidential Information shall not be allowed to retain copies. 17 5. Any persons receiving Confidential Information shall not reveal or discuss such 18 || information to or with any person who is not entitled to receive such information, except as set forth 19 |] herein. 20 6. No Party shall file or submit for filing as part of the court record any document under 21 || seal without first obtaining leave of court. A Party seeking to file a document with any court with 22 || Confidential Information under seal must file a motion to seal that complies with the requirements of 23 || Nevada state and federal law including LR JA 10-5 and the directives set forth in Kamakana v. City 24 || and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). 25 7. A Party may designate as “confidential” documents or discovery materials produced 26 || by a non-party by providing written notice to all Parties of the relevant document numbers or other 27 || identification within thirty (30) days after receiving such documents or discovery materials. Any Party 28 3. 1 || may voluntarily disclose to others without restriction any information designated by that Party as 2 || confidential, although a document may lose its confidential status if it is made public. 3 8. If a Party contends that any material is not entitled to “confidential” treatment, such 4 || Party may at any time give written notice of each designation it is challenging and describing the basis 5 || for each challenge to the Party who designated the material. The Parties shall attempt to resolve each 6 || challenge in good faith and must begin the process by conferring telephonically or in-person within 7 || 14 days of the date of service of notice. In conferring, the Parties shall discuss the Party’s basis for 8 || challenging the confidentiality designation, and the other Party’s response to the same. If the Parties 9 || cannot resolve a challenge without court intervention, the Party who designated the material shall have 10 || twenty-one (21) days from the meet and confer to apply to the Court for an order designating the 11 || material as confidential. The Party seeking the order has the burden of establishing that the document 12 || is entitled to protection. 13 9. Notwithstanding any challenge to the designation of material as Confidential 14 || Information, all documents or items shall be treated as “CONFIDENTIAL” and shall be subject to the 15 || provisions hereof unless and until one of the following occurs: 16 (a) the Party that claims that the material is Confidential Information withdraws 17 || such designation in writing; or 18 (b) the Party that claims that the material is Confidential Information fails to apply 19 || to the Court for an order designating the material “confidential” within the time period specified above 20 || after the meet and confer process; or 21 (c) the Court rules the material is not “confidential.” 22 10. _— All provisions of this Order restricting the communication or use of Confidential 23 || Information shall continue to be binding after the conclusion of this action, unless otherwise agreed 24 || or ordered. Upon conclusion of the litigation, a Party in the possession of Confidential Information, 25 || other than that which is contained in pleadings, correspondence, and deposition transcripts, shall either 26 || (a) return such documents or items no later than thirty (30) days after conclusion of this action to 27 || counsel for the Party who provided such information, or (b) destroy such documents within the time 28 4. 1 || period upon consent of the Party who provided the information and certify in writing within thirty (30) 2 || days that the documents have been destroyed. 3 11. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use of 4 || documents at trial. 5 12. Nothing herein shall be deemed to waive any applicable privilege or work product 6 || protection, or to affect the ability of a Party to seek relief for an inadvertent disclosure of material 7 || protected by privilege or work product protection. 8 13. If a receiving party learns that, by inadvertence or otherwise, it has disclosed 9 || confidential material to any person or in any circumstance not authorized under this Stipulated 10 || Protective Order, the receiving party must immediately (a) notify in writing the Designating Party of 11 |] the disclosures, (b) use its best efforts to retrieve all unauthorized copies of the confidential material, 12 || (c) inform the person or persons to whom disclosures were made of all the terms of this Order, and (d) 13 || request such person or persons to execute the Certification that is attached hereto as Exhibit A. 14 /// 1S /// 16 |] /// 17 |} /// 18 |} /// 19 /// 20 /// 21 || /// 22 || /// 23 /// 24 | /// 25 /// 26 |} /// 27 /// 28 /// 5. ] 14. This protective order will remain in full force and effect at all times during which any 2 || Party to this protective order or any person having executed the attached Exhibit A retains possession, 3 || custody, or control any confidential material. 4 5 Dated: December 27, 2021 Dated: December 27, 2021 6 || CLAGGETT & SYKES LAW FIRM LITTLER MENDELSON, P.C. 7 By: 4s/ Joseph N. Mott By: /s/ Ethan D. Thomas 8 JOSEPH N. MOTT, ESQ. MONTGOMERY Y. PAEK, ESQ. ETHAN D. THOMAS, ESQ. ? Attorneys for Plaintiffs EMIL S. KIM, ESQ. 10 KELLY WOODBURN, THOMAS WOODBURN, AND JOSHUA Attorneys for Defendant 11 RODRIGUEZ CITY OF HENDERSON 12 13 ORDER 16 ie UNITED STATES MAGISTRATE JUDGE 18 12-27-2021 DATED: 19 20 21 22 23 24 25 26 27 28 6. 1 EXHIBIT A 2 CERTIFICATION 3 declares that: 4 I reside at in the city of □ 5 || county , state of . I am currently employed by 6 located at and my current job title is 7 . I have read and believe I understand the terms of the Stipulated 8 || Protective Order dated (“Protective Order”), filed in Case No. 2:19-cv-01488-JAD-VCF, 9 || pending in the United States District Court for the District of Nevada. I agree to comply with and be 10 || bound by the provisions of the Protective Order. I understand that any violation of the Protective 11 Order may subject me to sanctions by the Court. I shall not divulge any documents electronically 12 || stored information or copies of documents or electronically stored information, designated 13 || “CONFIDENTIAL” obtained pursuant to such Protective Order, or the content of such documents or 14 || electronically stored information, to any person other than those specifically authorized by the 15 || Protective Order. I shall not copy or use such documents or electronically stored information except 16 || for the purposes of this action and pursuant to the terms of the Protective Order. As soon as practicable, 17 || but no later than 30 days after final termination of this action, I shall return to the attorney from whom 18 || Ihave received them, or destroy, any documents or electronically stored information in my possession 19 || designated as “CONFIDENTIAL”, and all copies, excerpts, summaries, notes, digests, abstracts, and 20 || indices relating to such documents or electronically stored information. I hereby consent to the 21 || jurisdiction of the United States District Court for the District of Nevada for the purpose of enforcing 22 || or otherwise providing relief relating to the Protective Order. 23 Dated: 24 25 (signed) 26 sprint name) 27 4957-7090-4327.1 / 080828-1020 28 7.