Nadav v. Nevada Property 1 LLC dba Cosmopolitan of Las Vegas ( 2023 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 * * * 4 JACOB NADAV, Case No. 2:23-cv-01116-RFB-EJY 5 Plaintiff, 6 v. 7 NEVADA PROPERTY 1 LLC d/b/a ORDER COSMOPOLITAN HOTEL; a domestic 8 limited liability company; DOE EMPLOYEES OF THE COSMOPOLITAN 9 HOTEL; DOES 1-25, inclusive; ROE CORPORATION 1-25, inclusive, 10 Defendants. 11 12 Pending before the Court is the parties’ Stipulation and Order to Protect Confidential 13 Materials and Information (ECF No. 16). The Stipulation fails to address (1) the unauthorized or 14 inadvertent disclosure of work product, attorney client privilege information, or other confidential 15 materials, and (2) procedures for how the parties will handle any such disclosures. Further, 16 paragraphs 10 and 11 of the Stipulation evidences the presumption that confidential information may 17 be submitted under seal. The parties “may not simply rely on the Stipulated Protective Order … to 18 justify sealing documents filed in the record under seal.” Heath v. Tristar Products, Inc., Case No. 19 2:17-cv-02869-GMN-PAL, 2019 WL 12311995, at *1 (D. Nev. Apr. 17, 2019) citing Foltz v. State 20 Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1133 (9th Cir. 2003) (reliance on a blanket protective 21 order, without more, does not make a showing of good cause for sealing documents). 22 Accordingly, IT IS HEREBY ORDERED that the Stipulation and Order to Protect 23 Confidential Materials and Information (ECF No. 16) is DENIED without prejudice. 24 25 26 27 1 IT IS FURTHER ORDERED that the parties must submit a revised stipulated protective 2 order correcting the deficiencies identified above. References to filing sealed documents must 3 include compliance with procedures under Local Rule IA 10-5. 4 DATED this 1st day of September, 2023. 5 6 ELAYNA J. YOUCHAH 7 UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27