Brown v. The State of Nevada Ex. Rel. Nevada State Police Highway Patrol ( 2024 )

Attorney General 2 Jared M. Frost (Bar No. 11132) Senior Deputy Attorney General 3 State of Nevada Office of the Attorney General 4 1 State of Nevada Way, Suite 100 Las Vegas, NV 89119 5 Telephone: (702) 486-3177 Facsimile: (702) 486-3773 6 E-Mail: jfrost@ag.nv.gov Attorneys for Defendants 7 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 ALBERT BROWN, an individual; and ARSEMA Case No. 2:24-cv-01994-BNW HAGOS, an individual 12 Plaintiffs, 13 STIPULATION AND vs. PROTECTIVE ORDER 14 GOVERNING SENSITIVE AND THE STATE OF NEVADA EX REL.NEVADA CONFIDENTIAL MATERIALS 15 STATE POLICE HIGHWAY PATROL; officer DANIEL S. MAREK, in his individual capacity, 16 Defendants. 17 18 Plaintiffs ALBERT BROWN and ARESMA HAGOS, by and through counsel, 19 TAYLOR JORGENSEN, ESQ., and ANDRE M. LAGOMARSINO, ESQ., of 20 LAGOMARSINO LAW, Defendants STATE OF NEVADA EX REL. NEVADA STATE 21 POLICE HIGHWAY PATROL and DANIEL S. MAREK (“Defendants”), by and through 22 counsel, AARON D. FORD, Nevada Attorney General, and JARED M. FROST, Senior 23 Deputy Attorney General, hereby agree and stipulate to the following. 24 1. Purpose: this Mutual Confidentiality Agreement (“Agreement”) is entered 25 into by and between the Parties to share certain materials that are privacy-sensitive or 26 confidential for approved litigation purposes. 27 / / / 28 / / / 2 a. “Confidential Materials” shall mean any and all of the following items 3 identified in the Disclosing Party’s initial and/or supplemental disclosures for purposes of 4 the Litigation, regardless of whether the items are in physical orelectronic form, except as 5 set forth in Section 3: 6 i. Unredacted copies of government documents that contain 7 personally-identifiable information. 8 ii. Unredacted copies of audio and/or video recordings that contain 9 personally-identifiable information and/or images that may be confidential pursuant to 10 NRS 289.025(1). 11 b. “Disclosing Party” shall refer to the Nevada State Police, Highway 12 Patrol Division. 13 c. “Receiving Party” shall refer to any party to this action and his or her 14 counsel, counsel’s employees to whom it is reasonably necessary to access Confidential 15 Materials in connection with the Litigation, and any non-party who receives Confidential 16 Materials pursuant to the terms of this Agreement. 17 d. the “Litigation” shall refer to Brown et al. v. The State Of Nevada Ex 18 Rel. Nevada State Police Highway Patrol et al., United States District Court, District of 19 Nevada, case 2:24-cv-01994-BNW. 20 3. DesignationofConfidentialDocuments:designationofdocumentsassetforth 21 in Paragraph 2 of this Agreement may be made at or prior to the time of production of 22 documents by stamping or otherwise affixing the legend “CONFIDENTIAL” on the first 23 page of the document and also on each page deemed to include confidential information in 24 a manner that does not interfere with the legibility of the document. If only part of a 25 document is designated “CONFIDENTIAL,” then, in addition to providing the Receiving 26 Party’s attorney withan unredacted copy of the document marked “CONFIDENTIAL,” the 27 Disclosing Party must also provide a redacted copy of the document that omits the 28 confidential information. 2 federal, state, or local law or regulation, the term “Confidential Materials” as used in this 3 Agreement shall not include the following: 4 a. redacted copies of items identified in Section 2; 5 b. information that, at the time of disclosure is, or thereafter becomes, 6 generally available to and known by the public other than as a result of, directly or 7 indirectly, any violation of this Agreement by a Receiving Party; 8 c. information that, at the time of disclosure is, or thereafter becomes, 9 available to the Receiving Party on a non-confidential basis from a third-party source, 10 provided that such third party is not and was not prohibited from disclosing such 11 information to the Receiving Party by a legal, fiduciary, or contractual obligation to the 12 Disclosing Party; 13 d. information that was known by or in the possession of the Receiving 14 Party asestablishedby documentary evidence, before being disclosedby oron behalfofthe 15 Disclosing Party under this Agreement; or 16 e. information that was or is independently developed by the Receiving 17 Party, as established by documentary evidence, without reference to or use of, in whole or 18 in part, any Confidential Materials. 19 5. Receiving Party Obligations: the Receiving Parties shall: 20 a. protect and safeguard the confidentiality of all Confidential Materials 21 in a reasonably secure manner; 22 b. not use Confidential Materials, or permit Confidential Materials to be 23 accessed or used, for any purpose other than the preparation andhearing of the Litigation, 24 or any appeal therefrom, and for no other purposes whatsoever absent order of the Court; 25 c. unless otherwise ordered by the Court or permitted in writing by the 26 Disclosing Party, disclose Confidential Materials only to the following persons: 27 i. employees of counsel of record in the Litigation to whom it is 28 reasonably necessary to disclose the information in connection with the Litigation; 2 have signed the Acknowledgment attached hereto as Exhibit A; 3 iii. outside photocopying, microfilming, or database service 4 providers, trial support firms, graphic production services, litigation support services, and 5 translators engaged by the parties during this Litigation to whom disclosure is reasonably 6 necessary for this Litigation; 7 iv. the court, any court to which a party petitions for discovery of a 8 non-party, any appellate court, necessary court personnel, and jurors; 9 v. court reportersandtheirstaff, stenographersor video operators, 10 professional jury or trial consultants, mock jurors, and professional vendors to whom 11 disclosure is reasonably necessary for this Litigation; 12 vi. during their depositions and deposition preparation, witnesses 13 in the Litigation to whom disclosure is reasonably necessary and who have signed the 14 Acknowledgment attached hereto as Exhibit A (although such individuals shall not be 15 permitted to retain any copies); 16 vii. any mediator or arbitrator engaged by the named parties in 17 connection with this Litigation; 18 viii. the author or recipient of Confidential Materials or a custodian 19 or other person who otherwise possessed or had access to the Confidential Materials; and 20 ix. other persons only after notice to all parties and upon order of 21 the Court, or upon written consent of the Disclosing Party. 22 6. In the event any Confidential Materials is contained in any pleading, motion, 23 exhibit, or other paper filed or to be filed with the Court, the filing party shall file the 24 Confidential Materials under seal. 25 7. Each expert, advisor, consultant, fact witness, or potential fact witness who 26 receives Confidential Materials shall be shown a copy of this Agreement and be advised of 27 its contents. Each such individual shall execute the written acknowledgement attached 28 hereto as Exhibit A. 2 thematerialsinareasonablysecuremanner,andshallnotrevealordiscusssuchmaterials 3 to or with any person not entitled to receive it, so that the Confidential Materials are not 4 further disclosed or used in any manner inconsistent with this Order. At the time that any 5 consultant or other person retained to assist counsel in the preparation of this Litigation 6 concludes participation in the Litigation, such person shall return to counsel all copies of 7 Confidential Materials that are in the possession of such person, together with all notes, 8 memoranda or other papers containing Confidential Materials. 9 9. The parties, in conducting discovery from third parties, shall provide to each 10 thirdparty a copy ofthisAgreement andOrdersoasto inform each such thirdparty of his, 11 her, or its rights herein. 12 10. This Agreement shall not prejudice in any way the rights of any party to 13 introduce as evidence at trial any document, testimony, or other evidence subject to this 14 Agreement that is otherwise admissible, or prejudice in any way the rights of any party to 15 object to the authenticity or admissibility into evidence of any document, testimony, or 16 other evidence subject to this Agreement. A party that intends to present or that 17 anticipates that another party may present Confidential Materials at a hearing or trial 18 shall bring that issue to the Court’s and parties’ attention by motion or in a pretrial 19 memorandum without disclosing Confidential Materials. The Court may thereafter make 20 such orders as are necessary to govern the use of such materials at trial. 21 11. Nothing in this Agreement shall be used or characterized by any party as an 22 admission by a party or a party opponent. 23 12. The parties agree that a designation of Confidential Material is not intended 24 to be and shall not be construed as an admission that the Confidential Materials are 25 relevant to a party’sclaimsordefenses, nor subject to an applicable privilege orprotection. 26 13. No party shall be obligated to challenge the propriety of a designation of 27 Confidential Material when initially received, and a failure to do so shall not preclude a 28 subsequent challenge thereto. If, at any time, a party objects to a designation of 1 || Confidential Material under this Agreement, the objecting party shall notify the Disclosing 2 Party in writing. Within twenty-one (21) calendar days of receipt of such notification, 3 |}counsel for the disclosing party and the objecting party shall meet and confer in a good 4 || faith effort to resolve any disagreement regarding the Disclosing Party's designation of the 5 || Confidential Material. 6 14. The treatment accorded under this Agreement and Order shall survive the 7 ||termination of this Agreement. 8 15. This Agreement shall not prevent any party from applying to the Court for 9 || further or additional protective orders, or for the modification of this Agreement, subject to 10 Court’s approval. 11 || DATED this November 20, 2024. DATED this November 20, 2024. 12 || LARGOMARSINO LAW AARON D. FORD 3 Nevada Attorney General 14 || By: /s/ Taylor N. Jorgensen By: /s/ Jared M. Frost Andre M. Lagomarsino, Esq., SBN 6711 Jared M. Frost, SBN 11132 15 || Taylor N. Jorgensen, Esq., SBN 16259 Senior Deputy Attorney General Lagomarsino Law Office of the Nevada Attorney General 16 West Horizon Ridge Pkwy, Suite 241 1 State of Nevada Way, Suite 100 7 Henderson, NV 89052 Las Vegas, NV 89119 18 Attorneys for Plaintiffs Attorneys for Defendants 19 20 ORDER 21 || Any filing of confidential information under seal must comply with LR IA 10-5 and Kamakana v. City e& Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). For good cause appearing, the Stipulation and 22 |) Protective Order Governing Sensitive and Confidential Material as set forth above is SO ORDERED. 23 24 Lp oa ls Are pain, 25 UNITED STATES MAGISTRATE JUDGE 26 DATED: November 21, 2024 27 28 2 ACKNOWLEDGEMENT 3 I, _____________________________, declare that: 4 • I have received a copy of the Stipulation and Protective Order Governing 5 Sensitive and Confidential Material (“Confidentiality Agreement”) in this Litigation. 6 • I have carefully read and understand the provisions of this Confidentiality 7 Agreement and I agree to abide by its terms. 8 • I will hold in confidence, will not disclose to anyone other than those persons 9 specifically authorized by the Confidentiality Agreement, and will not copy or use for 10 purposes other than for this Litigation, the Confidential Materials I receive, except to the 11 extent the Confidential Materials become public domain information or otherwise are no 12 longer deemed confidential in accordance with the Confidentiality Agreement. 13 • I agree that at the conclusion of the Litigation, I will return all Confidential 14 Materials to the party or attorney from whom I received them. 15 • I agree to subject myself personally to the jurisdiction of this Court for the 16 purpose of proceedings relating to my performance under, compliance with, or violation of 17 the Confidentiality Agreement. 18 • I understand that disclosure of Confidential Materials in violation of the 19 Confidentiality Agreement may constitute contempt of court. 20 I declare under penalty of perjury that the foregoing is true and correct. 21 22 23 Date Signature 24 25 26 27 28