-WGC Salas v. Cox et al, No. 3:2011cv00268 - Document 21 (D. Nev. 2011)
Court Description: PROTECTIVE ORDER GRANTING 16 Stipulated Protective Order. (See Protective Order for specifics) Signed by Magistrate Judge William G. Cobb on 11/23/2011. (Copies have been distributed pursuant to the NEF - MLC)
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-WGC Salas v. Cox et al 1 2 3 4 5 6 Doc. 21 CATHERINE CORTEZ MASTO Attorney General DANIEL SLIMAK Deputy Attorney General Nevada Bar No. 10760 Bureau of Litigation 100 No. Carson St. Carson City, NV 89701-4717 Tel: 775-684-1250 Attorneys for Defendants Anthony Calderone and Phillip Travis 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 RUSSELL SALAS, 12 Plaintiff, 13 v. 14 GREGORY COX, et al. 15 Defendants. 16 Case No. 3:11-cv-00268-ECR-WGC STIPULATED PROTECTIVE ORDER AND PROTECTIVE ORDER In order to protect the confidentiality of confidential information obtained by the parties 17 18 ) ) ) ) ) ) ) ) ) ) in connection with this case, the parties hereby agree as follows: 1. 19 Any party or non-party may designate as “confidential” (by stamping the relevant 20 page or otherwise set forth herein) any document or response to discovery which that party or 21 non-party considers in good faith to contain information involving trade secrets, or confidential 22 business or financial information, or confidential inmate information including, but not limited 23 to, pre-sentence investigation reports, victim information, Inspector General investigation 24 reports, Serious Threat Group validation records, and/or medical records, subject to protection 25 under the Federal Rules of Civil Procedure or Nevada law (“Confidential Information”). Where 26 a document or response consists of more than one page, the first page and each page on 27 which confidential information appears shall be so designated. 28 /// Office of the Attorney General 100 N. Carson St. Carson City, NV 89701-4717 1 Dockets.Justia.com 2. 1 All information produced or exchanged in the course of this case (other than 2 information that is publicly available) shall be used by the party or parties to whom the 3 information is produced solely for the purpose of this case. 3. 4 Except with the prior written consent of other parties, or upon prior order of this 5 Court obtained upon notice to opposing counsel, Confidential Information shall not be 6 disclosed to any person other than: (a) 7 8 counsel for the respective parties to this litigation, including in-house counsel and co-counsel retained for this litigation; 9 (b) employees of such counsel; 10 (c) individual defendants, class representatives, any officer or employee of a 11 party, to the extent deemed necessary by Counsel for the prosecution or defense of this 12 litigation; (d) 13 consultants or expert witnesses retained for the prosecution or defense of 14 this litigation, provided that each such person shall execute a copy of the Certification 15 annexed to this Order as Exhibit “A” (which shall be retained by counsel to the party so 16 disclosing the Confidential Information and made available for inspection by opposing counsel 17 during the pendency or after the termination of the action only upon good cause shown and 18 upon order of the Court) before being shown or given any Confidential Information and 19 provided that if the party chooses a consultant or expert employed by the Defendant(s) (as 20 listed on Appendix A), the party shall notify the opposing party, or designating nonparty, 21 before disclosing any Confidential Information to that individual and shall give the opposing 22 party an opportunity to move for a protective order preventing or limiting such disclosure;1 23 (e) any authors or recipients of the Confidential Information; 24 (f) the Court, Court personnel, and court reporters; and 25 (g) witnesses (other than persons described in paragraph 4(e)). A witness 26 shall sign the Certification before being shown a confidential document. Confidential 27 Information may be disclosed to a witness who will not sign the Certification only in a 28 Office of the Attorney General 100 N. Carson St. Carson City, NV 89701-4717 1 To-date, no party hereto has designated any consultants or expert witnesses in this matter. 2 1 deposition at which the party who designated the Confidential Information is represented or 2 has been given notice that Confidential Information shall be designated “Confidential” 3 pursuant to paragraph 2 above. Witnesses shown Confidential Information shall not be 4 allowed to retain copies. 4. 5 Any persons receiving Confidential Information shall not reveal or discuss such 6 information to or with any person who is not entitled to receive such information, except as set 7 forth herein. 5. 8 9 The Confidential Information may be filed under seal in support of a motion for summary judgment filed contemporaneously with a motion for leave to file the Confidential 10 Information under seal. Notwithstanding any agreement among the parties, the party seeking 11 to file a paper under seal bears the burden of overcoming the presumption in favor of public 12 access to papers filed in court. 6. 13 If a party contends that any material is not entitled to confidential treatment, such 14 party may at any time give written notice to the party or non-party who designated the 15 material. The party or non-party who designated the material shall have twenty-five (25) days 16 from the receipt of such written notice to apply to the Court for an order designating the 17 material as confidential. The party or non-party seeking the order has the burden of 18 establishing that the document is entitled to protection. 7. 19 Notwithstanding any challenge to the designation of material as Confidential 20 Information, all documents shall be treated as such and shall be subject to the provisions 21 hereof unless and until one of the following occurs: (a) 22 23 the party or non-party claims that the material is Confidential Information withdraws such designation in writing; or (b) 24 the party or non-party who claims that the material is Confidential 25 Information fails to apply to the Court for an order designating the material confidential within 26 the time period specified above after receipt of a written challenge to such designation; or (c) 27 28 Office of the Attorney General 100 N. Carson St. Carson City, NV 89701-4717 the Court rules the material is not confidential. /// 3 8. 1 All provisions of this Order restricting the communication or use of Confidential 2 Information shall continue to be binding after the conclusion of this action, unless otherwise 3 agreed or ordered. Upon conclusion of the litigation, a party in the possession of Confidential 4 Information, other than that which is contained in pleadings, correspondence, and deposition 5 transcripts, shall either (a) return such documents no later than thirty (30) days after 6 conclusion of this action to counsel for the party or non-party who provided such information, 7 or (b) destroy such documents within the time period upon consent of the party who provided 8 the information and certify in writing within thirty (30) days that the documents have been 9 destroyed. 9. 10 11 The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use of documents at trial. 10. 12 Nothing herein shall be deemed to waive any applicable privilege or work 13 product protection, or to affect the ability of a party to seek relief for an inadvertent disclosure 14 of material protected by privilege or work product protection. 11. 15 Given Plaintiff’s incarcerated status and the nature of Confidential Information, 16 the parties hereby stipulate and agree that, while certain Confidential Information relevant to 17 Plaintiff’s claims may be disclosed to him, he must not possess any document(s) containing 18 such Confidential Information as it may adversely affect the safety and security of the Plaintiff, 19 other inmates, staff and/or the institution. IT IS SO STIPULATED AND AGREED. 20 21 22 23 24 25 26 By: Date: _November 10, 2011______ ___/S/ Lisa Rasmussen_________ LISA RASMUSSEN, ESQ. Nevada State Bar # 7491 601 S. 10th St., Suite 100 Las Vegas, NV 89101 Attorney for Plaintiff Russell Salas 27 28 Office of the Attorney General 100 N. Carson St. Carson City, NV 89701-4717 Signatures follow on last page 4 1 CATHERINE CORTEZ MASTO Attorney General 2 3 4 5 6 7 8 By: ________________________________ DANIEL SLIMAK Deputy Attorney General Office of the Attorney General 100 N. Carson St. Carson City, NV 89701 Attorney for Anthony Calderone and Phillip Travis 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Office of the Attorney General 100 N. Carson St. Carson City, NV 89701-4717 5 Date: __November 16, 2011______ 1 2 EXHIBIT A 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Office of the Attorney General 100 N. Carson St. Carson City, NV 89701-4717 EXHIBIT A 6 CERTIFICATION 1 2 I hereby certify my understanding that Confidential Information is being provided to me 3 pursuant to the terms and restrictions of the Protective Order dated ____________________, 4 in ________________________________________________________________________, 5 Case No. __________________________. I have been given a copy of that Order and read 6 it. I agree to be bound by the Order. I will not reveal the Confidential Information to anyone, 7 except as allowed by the Order. I will maintain all such Confidential Information- including 8 copies, notes, or other transcriptions made therefrom – in a secure manner to prevent 9 unauthorized access to it. No later than thirty (30) days after the conclusion of this action, I 10 will return the Confidential Information- including copies, notes or other transcriptions made 11 therefrom- to the counsel who provided me with the Confidential Information. 12 consent to the jurisdiction of the United States District Court for the purpose of enforcing the 13 Protective Order. I hereby 14 15 By: ________________________________ 16 17 18 19 20 21 22 23 24 25 26 27 28 Office of the Attorney General 100 N. Carson St. Carson City, NV 89701-4717 7 Date:_________________________ PROTECTIVE ORDER 1 2 3 4 5 6 Having considered the preceding STIPULATED PROTECTIVE ORDER, as agreed to by the parties hereinabove, and good cause having been shown, IT IS HEREBY ORDERED that the Stipulated Protective Order as set forth hereinabove is granted. Dated this 23rd day ofof ________________________, 2011. _____ day November, 2011. 7 8 9 ___________________________________ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Office of the Attorney General 100 N. Carson St. Carson City, NV 89701-4717 8
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