Lopiccolo v. Progressive Casualty Insurance Company ( 2023 )

1 || DAVID M. ZANIEL, ESQ. > || Nevada Bar No. 7962 RANALLI, ZANIEL, FOWLER & MORAN, LLC 3 ||50 West Liberty Street, Suite 1050 Reno, Nevada 89501 4 || Telephone: (775) 786-4441 5 || Attorneys for Defendant Progressive Casualty Insurance Company 6 UNITED STATES DISRICT COURT DISTRICT OF NEVADA g || MISTI LOPICCOLO, individually, ) ) 10 Plaintiff, ) Case No. 3:23-cv-00167-ART-CLB ) ) STIPULATION AND ORDER FOR 12 VS. ) PROTECTIVE ORDER ) 13 || PROGRESSIVE CASUALTY INSURANCE ) 14 || COMPANY, and DOES I-x, inclusive, ABC ) CORPORATIONS I thought X inclusive, and ) is || BLACK AND WHITE COMPANIES ) I through X, inclusive, ) 16 ) W Defendants. ) et) 18 IT IS HEREBY STIPULATED AND AGREED, by Plaintiff MISTI LOPICCOL 19 || (hereinafter “Plaintiff’), by and through her attorney of record, Leah Ronhaar, Esq. o 21 || BRADLEY DRENDEL & JEANNEY, Defendant PROGRESSIVE CASUALTY INSURANC 22 COMPANY (hereinafter “Defendant”), by and through their attorney of record David Zaniel 23 Esq., of RANALLI, ZANIEL, FOWLER & MORAN and, that a Protective Order be entered b 24 3s this Court as follows: || PROTECTIVE ORDER 27 1. Discovery in this action will require the Parties to provide documents that contai 28 information that is confidential, proprietary, and/or sensitive. Disclosure of this informatio 1 could result in harm to the disclosing Party. Although this information must be disclosed, the disclosing Party is entitled to the protections described below. 2. In addition, Plaintiff and the Defendant may seek other Confidential Material 5 || This Protective Order shall apply to all documents, materials, and information that is sought by 6 || party either from other parties to this litigation or from any third party with possession or custod 7 || of Confidential Material during discovery, including without limitation, documents produced ° answers to interrogatories, responses to requests for admission, deposition testimony, and othe 9 10 information disclosed pursuant to the disclosure or discovery duties created by the Federal Rule 11 || of Civil Procedure. The Parties assert the disclosure of Confidential Material outside the scope o 12 |} this litigation could result in significant injury to one or more of the Parties’ business or privac *3 interests and could result in significant injury to a third party’s privacy interests, as well a significantly erode the attorney-client privilege. The Parties have entered into this Stipulatio 15 16 and request the Court enter this Protective Order for the purpose of preventing the disclosure an 17 || use of Confidential Material except as set forth herein. 18 3. As used in this Protective Order, the term “confidential information” means an documents, testimony, or other information for which protection from disclosure has bee identified, requested or designated by any subsequent order of the Court relating to medical || records, proprietary documentation, etc. 23 4, The term “disclosure” shall include the dissemination, communication 24 |! publication, or reproduction of any confidential material or the contents of the informatio °° contained therein, or the communication of any estimate or other information which facilitate 26 the discovery of confidential information. 28 5. As used in this Protective Order, the term “qualified persons” means (i) counsel o 1 record for the parties to the litigation, including office associated, paralegal, and . ; and clerical employees to whom disclosure is reasonably necessary; (ii) experts retained for th purpose of this litigation to whom disclosure is reasonably necessary and who have signed th || Confidentiality Agreement, a form of which is attached hereto as EXHIBIT “1”, (iii) parties t 6 || this action who have signed the Confidentiality Agreement, a form of which is attached hereto a 7 1TEXHIBIT “1”, and (iv) Arbitrator and his staff; (v) court personnel, including stenographi ° reporters engaged in such proceedings as are necessarily incident to this litigation. 9 10 6. Confidential information shall be and remain confidential, and, except as allowe 11 || by this Protective Order, may not be disclosed or communicated, nor used for any purpose othe 12 than this litigation, including any appeals. 7. Any and all documents containing confidential information must be retained b counsel and not be disclosed or made available to any person other than a qualified person who 15 16 has read and acknowledged the terms of this Protective Order. Similarly, the confidential 17 || information contained within those documents may not be disclosed to any person other than 18 || qualified person. To the extent reasonably necessary, copies of confidential documents may b * provided to experts retained for the purpose of this litigation to whom disclosure is reasonabl necessary and who have signed the Confidentiality Agreement. Nothing in this Protective Orde > ||Shall in any way affect the admissibility at trial of any of the documents produced under thi 23 || Protective Order. 24 8. Any person who is in possession of confidential information, or to who confidential information is disclosed, is responsible for ensuring that such confidential 26 information is not inadvertently disclosed by him or her. Failure to take all reasonabl 2g || precautions to insure against such inadvertent disclosure will be viewed by the Court as willfu 1 disobedience of this Protective Order and will be punished accordingly. ; 9. Counsel receiving confidential information may not disclose that confidential information to any expert without first furnishing to that expert a copy of this Protective Order , ||and obtaining from that expert an executed Confidentiality Agreement, a form of which i 6 || attached hereto as EXHIBIT “1”. The original of any such executed Confidentiality Agreemen 7 || must be retained in the office of counsel who retained the expert. Copies of any such execute ° Confidentiality Agreement must immediately be served upon counsel for all other parties. . 10. Any person who executed a copy of the Confidentiality Agreement attached hereto 11 || Submits to the jurisdiction of this Court for purposes of enforcement of this Protective Order. 12 || either prior to or following trial of this action. Jurisdiction of this action is to be retained by thi 13 || Court after final determination for purposes of enabling any party or persons affected by thi Protective Order to apply to the Court for such direction or further decree as may be appropriat 16 for the construction or enforcement of this Protective Order or for such additional relief as ma 17 || become appropriate. 18 11. Before being copied for production, documents containing confidential informatio |! must be marked “CONFIDENTIAL.” 12. Objections to Designations: 29 a. If any Party believes that material otherwise designated as Confidential 23 || Material should not be classified as such, that Party shall, within 30 days of receiving th 24 |! Confidential Material, state the objection by letter to counsel for the opposing Party, setting th forth the reasons that the objecting Party believes the material should not be treated a Confidential and/or Privileged, as the case may be. 28 1 b. The Producing Party shall respond, in writing, within ten (10) days, settin ; forth the reason(s) that Party believes the material should be treated as Confidential Material. C. If the objection cannot be reasonably resolved by agreement of counsel 5 ||the Producing Party may move the Court for an appropriate order regarding such designation. 6 The burden of proof regarding the confidentiality of the materials shall remain with th 7 || Producing Party. d. Until an objection to the designation of the materials has been resolved by agreement of counsel or by order of the Court, the materials shall be treated as Confidential an 11 || remains subject to this Protective Order. 12 13. Unless otherwise permitted by statute, rule or prior Court order, papers filed wit *3 the Court under seal shall be accompanied by a contemporaneous motion for leave to file thos documents under seal, and shall be filed consistent with the Court’s electronic filing procedure 16 in accordance with Local Rule. The party seeking to file a paper under seal bears the burden o 17 || overcoming the presumption in favor of public access to papers filed in Court. Kamakana v. Ci 18 |! and Court of Honolulu, 447 F. 3d 1172 (9" Cir. 2006); Pinto v. Pac. Creditors Ass'n, 605 F.3 665,677-78 (9" Cir. 2010). 14. Nothing in this Protective Order precludes the deposition examination of any perso || regarding confidential information of which they have knowledge. All transcripts of sai 23 || deposition containing confidential information will be treated in accordance with this Protectiv 24 1] Order. 15. Only qualified persons may attend deposition examination in this case. 16. Any court reporter who transcribes testimony in this action at a deposition shal 2g |jagree, before transcribing any such testimony, that all testimony containing confidentia 1 || information is and shall remain confidential and shall not be disclosed except as provided in Protective Order and that copies of any transcript, reporter’s notes, or any other transcript records of any such testimony will be retained in absolute confidentiality and safekeeping b 5 || such shorthand reporter or delivered to attorneys of record or filed with the Court. 6 17. Nothing in this Protective Order requires a party to disclose confidential informatio 7 that the party also contends is protected from disclosure based upon a privilege or ° for some reason other than the mere confidential nature of the document or information. 9 10 18. Upon the final determination of this action, counsel and all qualified persons shall 11 |{return any confidential information to the disclosing party, together with any copies o 12 || confidential information. Transcripts containing confidential information also must be returne II to the disclosing party. All notes or any other memorialization of the information contained i the confidential material produced that are in the possession of counsel may be retained b 15 16 counsel, but shall be placed in a sealed envelope or other container on the face of which shall b 17 || typed or printed: 18 ||] CONFIDENTIAL Any Confidential Information or Documents will be filed under seal with the Court. The information contained herein is confidential and subject to a protective order issued by th 9 || US District Court of Nevada. Anyone not permitted to review this information as set forth in th 23 || protective order is in violation of that order and may have sanctions imposed against him or he 24 the Court may determine and allowable under law and may also be subject to contempt o °° court proceedings. 26 ag 1 19. | Anyone found to be in violation of this Order may have sanctions imposed agains 2 him or her as the Court may determine and allowable under law and may also be subject t 3 contempt of court proceedings. Ate, ihe s DATED this _9¥ day ofdute 2023. DATED this 3o™ day ofJune 2023. 6 () 7 ( . || DAVID M. ZANIEL, ESO. Leah Ronhaar Esq. 50 West Liberty Street, Suite 1050 Nevada Bar No. 13013 9 |) Reno, Nevada 89501 , P.O. Box 1987 10 Attorney for Defendant PROGRESSIVE Reno Nevada 89505 Attorneys for Plaintiff MISTI LOPICCOLO 11 12 1} The Court will only retain jurisdiction over this order while the case is pending 13 and that its jurisdiction will cease upon dismissal of the case. 14 is IT IS SO ORDERED. patep: vune 1, 2023 16 » 17 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 | “EXHIBIT 1” 2 CONFIDENTIALITY AGREEMENT I hereby acknowledge that | am about to receive confidential information supplied ‘ by: . 2. ] have read the Protective Order governing the restricted use of confidential informatio ° in this litigation, a copy of which has been provided to me. I agree to be bound by the terms ’ thereof. : 3. I] will not use any documents marked with the legend “CONFIDENTIAL” or an information contained therein for any purpose other than litigation involving LOPICCOLO V 1 PROGRESSIVE CASUALTY INSURANCE COMPANY Case No. 3:23-cv-00167-ART-CLB I further affirm that I will not reveal any confidential information to, nor discuss it with, an 13 || Other person except in accordance with the terms of the Protective Order. 14 At the termination of this litigation, I will return all documents containing confidentia 15 || information as required by the Protective Order. 16 I submit to the jurisdiction of this Court for the purposes of enforcement of the Protective 17 || Order, either prior to or following trial of this action. 18 DATED: This ___ day of . 2023. 19 20 Signature 22 Type or print name of individual. 24 25 26 27 28