Rubalcava et al v. Phillips et al, No. 2:2019cv01318 - Document 22 (D. Nev. 2019)
Court Description: PROTECTIVE ORDER Granting 20 Stipulated Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 11/21/2019. (Copies have been distributed pursuant to the NEF - ADR)
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Rubalcava et al v. Phillips et al Doc. 22 Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 1 of 15 1 2 3 4 5 6 7 R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 8 LAWRENCE RUIZ, ESQ. Nevada Bar No. 11451 AMANDA L. LAUB, ESQ. Nevada Bar No. 14903 RUIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 Phone: (702) 850.1717 Fax: (702) 850.1716 lawrence@lmruizlaw.com amanda@lmruizlaw.com Attorney for Plaintiff 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 13 14 15 16 17 18 19 20 DREW BRANDON RUBALCAVA, individually; CASSANDRA RUBALCAVA, individually; DREW BRANDON RUBALCAVA, as parent and natural guardian of A.R., a minor; DREW BRANDON RUBALCAVA, as parent and natural guardian of K.R. , a minor; DREW BRANDON RUBALCAVA, as parent and natural guardian of J.R. , a minor; DREW BRANDON RUBALCAVA, as parent and natural guardian of T.R. , a minor; DREW BRANDON RUBALCAVA, as parent and natural guardian of R.R. , a minor; Case No.: 2:19-cv-01318-GMN-NJK STIPULATION FOR PROTECTIVE ORDER Plaintiffs, 21 22 23 24 25 26 vs. DARYLL PHILLIPS aka DARYELL PHILLIPS, individually; C & D ENTERPRISES, LLC., a foreign limited liability company; HOLLAND ENTERPRISES, INC., a foreign corporation; DOES I through X; and ROE BUSINESS ENTITIES XI through XX, inclusive, 27 28 Defendants. -1Dockets.Justia.com Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 2 of 15 Rubalcava et al. v. Daryell Phillips et al. Case No. 2:19-cv-01318-GMN-NJK 1 2 STIPULATION FOR PROTECTIVE ORDER 3 4 1. PURPOSES AND LIMITATIONS 5 Disclosure and discovery activity in this action are likely to involve production of 6 confidential, proprietary, or private information for which special protection from public 7 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 8 R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 9 Specifically protecting the identity of the minor children involved by not revealing their full 10 first names, and referring to each by their initials. Accordingly, the parties hereby stipulate to 11 and petition the court to enter the following Stipulated Protective Order. The parties 12 acknowledge that this Order does not confer blanket protections on all disclosures or responses 13 to discovery and that the protection it affords from public disclosure and use extends only to the 14 15 16 limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, that this See order issued concurrently 17 Stipulated Protective Order does not entitle them to file confidential information under seal; herewith 18 Local Rules of Practice, United States District Court, District of Nevada (“LRIA”) LR IA 10-5 19 20 21 22 23 24 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal. 2. DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 25 26 2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is 27 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 28 of Civil Procedure 26(c). -2- Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 3 of 15 1 2 3 2.3 Counsel: Outside Counsel of Record and House Counsel (as well as their support 2.4 Designating Party: a Party or Non-Party that designates information or items that staff). 4 5 6 it produces in disclosures or in responses to discovery as "CONFIDENTIAL." 2.5 Disclosure or Discovery Material: all items or information, regardless of the 7 medium or manner in which it is generated, stored, or maintained (including, among other things, 8 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 9 responses to discovery in this matter. R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 10 11 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 12 the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a 13 consultant in this action. 14 15 16 17 18 19 20 2.7 House Counsel: attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel. 2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.9 Outside Counsel of Record: attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this 21 22 23 24 25 26 action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 2.10 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, insurers, claims handlers, and Outside Counsel of Record (and their support staffs). 27 28 -3- Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 4 of 15 2.11 1 2 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 3 2.12 Professional Vendors: persons or entities that provide litigation support services 0 4 5 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 6 organizing, storing, or retrieving data in any form or medium) and their employees and 7 subcontractors. 8 9 2.13 Protected Material: any Disclosure or Discovery Material that is designated as 14 "CONFIDENTIAL." R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 10 2.14 11 Receiving Party: a Party that receives Disclosure or Discovery Material from a 12 Producing Party. 13 3. 14 15 16 SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 17 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 18 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 19 However, the protections conferred by this Stipulation and Order do not cover the following 20 information: (a) any information that is in the public domain at the time of disclosure to a 21 22 Receiving Party or becomes part of the public domain after its disclosure to a Receiving party as 23 a result of publication not involving a violation of this Order, including becoming part of the 24 public record through trial or otherwise; and (b) any information known to the Receiving Party 25 prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who 26 obtained the information lawfully and under no obligation of confidentiality to the Designating 27 28 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. -4- Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 5 of 15 1 4. 2 3 DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court 4 5 order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all 6 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 7 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this 8 action, including the time limits for filing any motions or applications for extension of time 9 pursuant to applicable law. R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 10 11 12 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 13 or Non-Party that designates information or items for protection under this Order must take care 14 to limit any such designation to specific material that qualifies under the appropriate standards. 15 16 The Designating Party must designate for protection only those parts of material, documents, 17 items, or oral or written communications that qualify — so that other portions of the material, 18 documents, items, or communications for which protection is not warranted are not swept 19 unjustifiably within the ambit of this Order. 20 If it comes to a Designating Party's attention that information or items that it designated 21 22 23 24 25 26 for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the mistaken designation. 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 27 28 designated before the material is disclosed or produced. -5- Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 6 of 15 1 Designation in conformity with this Order requires: 2 (a) for information in documentary form (e.g., paper or electronic documents, but 3 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 4 5 Party affix the legend "CONFIDENTIAL" to each page that contains protected material. If only a 6 portion or portions of the material on a page qualifies for protection, the Producing Party also 7 must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 8 margins). 9 A Party or Non-Party that makes original documents or materials available for inspection R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 10 11 need not designate them for protection until after the inspecting Party has indicated which 12 material it would like copied and produced. During the inspection and before the designation, all 13 of the material made available for inspection shall be deemed "CONFIDENTIAL." After the 14 inspecting Party has identified the documents it wants copied and produced, the Producing Party 15 16 must determine which documents, or portions thereof, qualify for protection under this Order. 17 Then, before producing the specified documents, the Producing Party must affix the 18 "CONFIDENTIAL" legend to each page that contains Protected Material. If only a portion or 19 portions of the material on a page qualifies for protection, the Producing Party also must clearly 20 identify the protected portion(s) (e.g., by making appropriate markings in the margins). (b) for 21 22 testimony given in deposition or in other pretrial or trial proceedings, that the Designating Party 23 identify on the record, before the close of the deposition, hearing, or other proceeding, all 24 protected testimony. (c) for information produced in some form other than documentary and for 25 any other tangible items, that the Producing Party affix in a prominent place on the exterior of 26 the container or containers in which the information or item is stored the legend 27 28 -6- Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 7 of 15 1 "CONFIDENTIAL." If only a portion or portions of the information or item warrant protection, 2 the Producing Party, to the extent practicable, shall identify the protected portion(s). 3 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 4 5 designate qualified information or items does not, standing alone, waive the Designating Party's 6 right to secure protection under this Order for such material. Upon timely correction of a 7 designation, the Receiving Party must make reasonable efforts to assure that the material is 8 treated in accordance with the provisions of this Order. 9 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 10 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 12 confidentiality at any time. Unless a prompt challenge to a Designating Party's confidentiality 13 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 14 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 15 16 17 18 19 20 challenge a confidentiality designation by electing not to mount a challenge promptly after the original designation is disclosed. 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by providing written notice of each designation it is challenging and describing the basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 21 22 notice must recite that the challenge to confidentiality is being made in accordance with this 23 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 24 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 25 forms of communication are not sufficient) within 14 days of the date of service of notice. In 26 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 27 28 designation was not proper and must give the Designating Party an opportunity to review the -7- Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 8 of 15 1 designated material, to reconsider the circumstances, and, if no change in designation is offered, 2 to explain the basis for the chosen designation. A Challenging Party may proceed to the next 3 stage of the challenge process only if it has engaged in this meet and confer process first or 4 5 establishes that the Designating Party is unwilling to participate in the meet and confer process in 6 a timely manner. 7 6.3 8 9 Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, the Designating Party shall file and serve a motion within 21 days of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process will R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 10 11 not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 12 competent declaration affirming that the movant has complied with the meet and confer 13 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such 14 a motion including the required declaration within 21 days (or 14 days, if applicable) shall 15 16 automatically waive the confidentiality designation for each challenged designation. In addition, 17 the Challenging Party may file a motion challenging a confidentiality designation at any time if 18 there is good cause for doing so, including a challenge to the designation of a deposition 19 transcript or any portions thereof. Any motion brought pursuant to this provision must be 20 accompanied by a competent declaration affirming that the movant has complied with the meet 21 22 23 24 25 26 and confer requirements imposed by the preceding paragraph. 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this case only for prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be 27 28 disclosed only to the categories of persons and under the conditions described in this Order. -8- Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 9 of 15 1 When the litigation has been terminated, a Receiving Party must comply with the provisions of 2 section 13 below (FINAL DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a location and 4 5 6 in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise 7 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 8 disclose any information or item designated "CONFIDENTIAL" only to: 9 (a) the Receiving Party's Outside Counsel of Record in this action, as well as R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 10 11 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 12 information for this litigation and who have signed the "Acknowledgment and Agreement to Be 13 Bound" that is attached hereto as Exhibit A; 14 15 16 17 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation; (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 18 reasonably necessary for this litigation and who have signed the "Acknowledgment and 19 Agreement to Be Bound" (Exhibit A); 20 (d) the court and its personnel; (e) court reporters and their staff, professional jury or trial consultants, mock jurors, 21 22 23 24 25 26 and Professional Vendors to whom disclosure is reasonably necessary for this litigation; (f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary. Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be separately bound by the court reporter and may not be disclosed to 27 28 anyone except as permitted under this Stipulated Protective Order. -9- Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 10 of 15 (g) 1 2 3 the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 4 OTHER LITIGATION 5 6 If a Party is served with a subpoena or a court order issued in other litigation that compels 7 disclosure of any information or items designated in this action as "CONFIDENTIAL," that 8 Party must: 9 (a) promptly notify in writing the Designating Party. Such notification shall include a R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 10 11 copy of the subpoena or court order; 12 13 16 3 the other litigation that some or all of the material covered by the subpoena or order is subject 4 17 18 (b) promptly notify in writing the party who caused the subpoena or order to issue in 14 15 2 to this Protective Order. Such notification shall include a copy of this Stipulated Protective 19 5 Order; and 6 (c) cooperate with respect to all reasonable procedures sought to be pursued by 23 7 Designating Party whose Protected Material may be affected. 24 8 If the Designating Party timely seeks a protective order, the Party served with the 20 21 22 25 26 the 9 subpoena or court order shall not produce any information designated in this action as 10 "CONFIDENTIAL" before a determination by the court from which the subpoena or order II 27 28 issued, unless the Party has obtained the Designating Party's permission. The Designating Party -10- Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 11 of 15 1 shall bear the burden and expense of seeking protection in that court of its confidential material 2 — and nothing in these provisions should be construed as authorizing or encouraging a 3 Receiving Party in this action to disobey a lawful directive from another court. 4 5 9. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED 6 IN THIS LITIGATION 7 (a) The terms of this Order are applicable to information produced by a Non-Party in this 8 action and designated as "CONFIDENTIAL." Such information produced by Non-Parties in 9 connection with this litigation is protected by the remedies and relief provided by this Order. R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 10 11 12 Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. 13 (b) In the event that a Party is required, by a valid discovery request, to produce a Non- 14 Party's confidential information in its possession, and the Party is subject to an agreement with 15 16 17 18 19 20 the Non-Party not to produce the Non-Party's confidential information, then the Party shall: (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a Non-Party; (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the 21 22 information requested; and 23 (3) make the information requested available for inspection by the Non-Party. 24 (c) If the Non-Party fails to object or seek a protective order from this court within 14 25 days of receiving the notice and accompanying information, the Receiving Party may produce 26 the Non-Party's confidential information responsive to the discovery request. If the Non-Party 27 28 timely seeks a protective order, the Receiving Party shall not produce any information in its -11- Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 12 of 15 1 possession or control that is subject to the confidentiality agreement with the Non-Party before a 2 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 3 burden and expense of seeking protection in this court of its Protected Material. 4 5 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 6 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 7 Material to any person or in any circumstance not authorized under this Stipulated Protective 8 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 9 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 10 11 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were 12 made of all the terms of this Order, and (d) request such person or persons to execute the 13 "Acknowledgment and Agreement to Be Bound" that is attached hereto as Exhibit A. 14 11. 15 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 16 17 When a Producing Party gives notice to Receiving Parties that certain inadvertently 18 produced material is subject to a claim of privilege or other protection, the obligations of the 19 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This 20 provision is not intended to modify whatever procedure may be established in an e-discovery 21 22 order that provides for production without prior privilege review. Pursuant to Federal Rule of 23 Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 24 communication or information covered by the attorney-client privilege or work product 25 protection, the parties may incorporate their agreement in the stipulated protective order 26 submitted to the court. 27 28 /// -12- Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 13 of 15 1 12. 2 3 MISCELLANEOUS 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 4 12.2 5 Right to Assert Other Objections. By stipulating to the entry of this Protective 6 Order no Party waives any right it otherwise would have to object to disclosing or producing any 7 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, 8 no Party waives any right to object on any ground to use in evidence of any of the material 9 covered by this Protective Order. R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 10 11 13. FINAL DISPOSITION 12 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 13 Receiving Party must return all Protected Material to the Producing Party or destroy such 14 material. As used in this subdivision, "all Protected Material" includes all copies, abstracts, 15 16 compilations, summaries, and any other format reproducing or capturing any of the Protected 17 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 18 submit a written certification to the Producing Party (and, if not the same person or entity, to the 19 Designating Party) by the 60 day deadline that (1) identifies (by category, where appropriate) all 20 the Protected Material that was returned or destroyed and (2) affirms that the Receiving Party has 21 22 not retained any copies, abstracts, compilations, summaries or any other format reproducing or 23 capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 24 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, 25 legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work 26 product, and consultant and expert work product, even if such materials contain Protected 27 28 -13- Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 14 of 15 1 Material. Any such archival copies that contain or constitute Protected Material remain subject to 2 this Protective Order as set forth in Section 4 (DURATION). 3 4 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated this 20th day of November, 2019. Dated this 20th day of November, 2019. RUIZ LAW FIRM WEINBERG, WHEELER, HUDGINS, GUNN & DIAL, LLC. /s/ Amanda L. Laub AMANDA L. LAUB, ESQ. Nevada Bar No. 14903 1055 Whitney Ranch Drive, Ste. 110 Henderson, NV 89014 Attorneys for Plaintiffs /s/ Ryan S. Saldanha JEREMY R. ALBERTS, ESQ. Nevada Bar No. 10497 RYAN S. SALDANHA, ESQ. Nevada Bar No. 14946 6385 S. Rainbow Blvd., Suite 400 Las Vegas, NV 89118 Attorneys for Defendants C & D Enterprises, LLC. Holland Enterprises, Inc. 7 8 9 R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 10 11 12 13 14 Rubalcava et al. v. Daryell Phillips et al. Case No. 2:19-cv-01318-GMN-NJK 15 16 IT IS SO ORDERED: 17 18 19 20 Dated: November 21, 2019 _________________________ U.S. DISTRICT COURT MAGISTRATE JUDGE United States Magistrate Judge 21 22 23 24 25 26 27 28 -14- Case 2:19-cv-01318-GMN-NJK Document 20 Filed 11/20/19 Page 15 of 15 EXHIBIT A 1 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, 4 5 6 R UIZ LAW FIRM 1055 Whitney Ranch Drive, Suite 110 Henderson, NV 89014 7 0 2 . 8 5 0 . 1 7 1 7 / 7 02 . 8 5 0 . 1 71 6 ( f a x ) 7 ____________________________print or type full name], of ______________________________[print or type full address], declare under penalty of perjury that I have read in its entirety and understand the Stipulated Protective Order that was issued by the United States District Court for the District of Nevada in the case of Rubalcava et al. v. Daryell Phillips et al., Case No. 2:19-cv-01318-GMN-NJK. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge that 8 failure to so comply could expose me to sanctions and punishment in the nature of contempt. I 9 solemnly promise that I will not disclose in any manner any information or item that is subject to 10 this Stipulated Protective Order to any person or entity except in strict compliance with the 11 provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the 13 District of Nevada for the purpose of enforcing the terms of this Stipulated Protective Order, 14 15 16 even if such enforcement proceedings occur after termination of this action. Date:_____________________________ City and State where sworn and signed:____________________________ 17 18 Printed name:______________________ 19 20 Signature:_________________________ 21 22 23 24 25 26 27 28 -15-
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