Shufelt v. Owens Precision, Inc., No. 3:2018cv00079 - Document 21 (D. Nev. 2018)
Court Description: ORDER granting the Stipulated Protective Order Regarding Confidentiality of Documents Produced in Litigation (ECF No. 20 -1). See order for specifics. Signed by Judge Miranda M. Du on 8/16/2018. (Copies have been distributed pursuant to the NEF - LH)
Download PDF
<![CDATA[
Shufelt v. Owens Precision, Inc. Doc. 21 1 WILLIAM J. GEDDES Nevada Bar No. 6984 2 THE GEDDES LAW FIRM, P.C. 8600 Technology Way, Suite 107 3 Reno, Nevada 89521 Phone: (775) 853-9455 4 Fax: (775) 299-5337 Email: Will@TheGeddesLawFirm.com Attorneys for Plaintiff Alan Curt Shufelt 5 6 RAELENE K. PALMER Nevada Bar No. 8602 7 GALLIAN WELKER & BECKSTROM, L.C. 540 E. St. Louis Avenue 8 Las Vegas, Nevada 89104 Phone: (702) 892-3500 9 Fax: (702) 386-1946 Email: rpalmer@vegascase.com " #$ %&' !!&( &)(%*&& ! 10 Attorneys for Plaintiff Alan Curt Shufelt 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 ALAN CURT SHUFELT, an individual, 14 CASE NO: 3:18-cv-00079-MMD-VPC Plaintiff, 15 vs. STIPULATED PROTECTIVE ORDER Regarding 16 OWENS PRECISION, INC., a Domestic Corporation; BRUCE HARMON, an CONFIDENTIALITY OF DOCUMENTS PRODUCED IN LITIGATION 17 individual; AMANDA HIGHTOWER, an 18 individual, Defendant. 19 20 I. RECITALS 21 WHEREAS: the parties to the above-captioned litigation anticipate that discovery will require 22 the parties to disclose records and information that are confidential and sensitive, including because 23 such records are anticipated to include the parties’ private employment records and private medical 24 records; and 25 WHEREAS: the parties seek to protect and prevent the improper dissemination of such 26 confidential and private records and information to third parties, during the course of litigation and after 27 the litigation has ended; 28 / / / 1 Dockets.Justia.com 1 II. STIPLUATION 2 THEREFORE: the parties, by and through their respective counsel of record, hereby stipulate 3 and request the Court issue an Order (“Stipulated Protective Order”), protecting the confidential nature 4 of certain records and information as may be produced during the course of the above-captioned 5 matters, as follows: 6 1. If any person or entity, whether or not a party to the instant action, produces or receives 7 answers to interrogatories, or documents or other things, which the producing or receiving person or 8 entity considers to be “Confidential Information,” as defined in § II(3)(A)(I) infra; or 9 2. If there is deposition testimony which any person or entity, whether or not a party to the 10 instant action, believes contains “Confidential Information,” as defined in § II(3)(A)(I) infra; or 11 3. Third parties produce information which the third-parties assert is confidential, the " #$ %&' !!&( &)(%*&& ! 12 following procedure shall govern pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 26 (c) 13 et. seq.: 14 A. Any documents (and the contents thereof), things or information falling within 15 the definition of “Confidential Information,” set forth in § II(3)(A)(I) infra, that are produced may be 16 designated and marked, in whole or in part, without regard to whether redactions are made, 17 “Confidential” by the party producing the documents or information, at the time the documents are 18 delivered to or made available for inspection by any party; 19 I. “Confidential Information” is defined herein as: (a) employment records 20 of any employees or former employees of any party; (b) confidential notes, memoranda, and statements 21 regarding non-party employees; (c) confidential information concerning the discipline and/or 22 termination of non-party employees and former employees; (d) the production of information or 23 documents proprietary to any party, including by way of example and not limitation, tax records, 24 financial statements; (e) other private information of any party or non-party to the present litigation, 25 including consumer records, e.g., phone bills; (f) financial records and business records of any person 26 or entity, whether a party or non-party to the present litigation; and (g) medical records, including 27 medical bills and psychological records, and medical information of any person, whether a party or 28 non-party to the present litigation. 2 1 B. If a party produces to another party items that contain Confidential Information 2 as defined above, that party may designate one or more documents, or a portion of a document, as 3 “Confidential” before producing that document to the other party. Such designation shall be made by 4 marking, stamping or typing the word “Confidential” on each page of the document at the time it is 5 produced to the receiving party’s counsel; 6 C. Any party may designate deposition testimony as “Confidential” by orally 7 making such a designation on the record either at the commencement of the deposition, at the time the 8 testimony is given, and/or before the end of that day's questioning. Following such a designation, the 9 court reporter shall mark “Confidential” on the transcript or the portion thereof containing the 10 “Confidential” testimony; 11 D. In addition, documents or items produced by one party may be designated " #$ %&' !!&( &)(%*&& ! 12 “Confidential” by the other party, i.e., the receiving party, by: 13 I. marking the document, in whole or in part, “Confidential” in the same 14 manner as stated above; and 15 II. then forwarding a copy of the marked document back to the producing 16 party; 17 E. In this regard, the receiving party seeking the “Confidential” designation may 18 designate, by number, each document it believes should be “Confidential”; 19 F. If the receiving party has no objection to the “Confidential” designation made by 20 the producing party, the receiving party may either expressly notify the producing party or allow the ten 21 calendar-day objection period (set forth below) to lapse. Where there has been no written objection 22 made, once a document or item has been produced and designated as provided herein to the receiving 23 party, the document or item shall be treated as “Confidential,” respectively, pursuant to this Stipulated 24 Protective Order, until further order of the Court; 25 4. The following protocol shall apply in the event of an objection to a designation of 26 “Confidential”: 27 A. If there is an objection to the “Confidential” designation, the party so objecting 28 must notify the other party in writing of both the objection and the grounds for the objection within ten 3 1 calendar days from the date the designation was made or the document(s)/item(s) received, whichever 2 is later, and the procedure in § II(4)(B) infra, shall apply; 3 B. If the parties do not agree that the documents, information or testimony should 4 be treated as confidential, the parties shall attempt to resolve the issue by meeting and conferring. If a 5 resolution does not occur, either party may file a motion with the Court to resolve the dispute. Such 6 motion must be filed within 30 calendar days of receipt of the written objection to the designation, 7 unless stipulated otherwise by counsel. If an objection has been raised, the documents, testimony 8 and/or information at issue shall be governed by § II (3)(A)-(F), inclusive, of this Stipulated Protective 9 Order, and treated and regarded as “Confidential” from the date of disclosure and/or production until 10 the dispute is resolved informally by the parties or a final order is issued by the Court resolving the 11 dispute. In the event of such motion, the parties having entered into this Stipulation and the existence " #$ %&' !!&( &)(%*&& ! 12 of the Court's Order entered thereon shall not affect the burden of proof on any such motion, nor 13 impose any burdens upon any party that would not exist had this Stipulated Protective Order not been 14 entered; 15 5. A document or testimony, or portion, summary, or abstract thereof, that is to be treated 16 “Confidential” pursuant to this Stipulated Protective Order shall not be disclosed to any persons other 17 than the parties, counsel of record for the parties, attorneys, legal assistants and clerical personnel 18 employed by them, and other persons to whom disclosure is necessary for the purposes of this 19 litigation. (This allows disclosure to the officers, directors, employees or former employees of the 20 parties, persons requested by counsel for any party to furnish technical or expert service or to give 21 expert testimony with regard to the subject matter of the document(s), item(s) or expert testimony for 22 the trial of this action). However, each such person to whom a party makes such disclosure shall read 23 this Stipulated Protective Order and acknowledge in writing that he/she is fully familiar with the terms 24 hereof and agrees to comply with, and be bound by, this Stipulated Protective Order until modified by 25 either further order of the Court or agreement of all the affected parties; 26 6. Anyone seeking to file any “Confidential” documents, testimony, or information or any 27 pleadings or memorandum purporting to reproduce or paraphrase all or any portion of such confidential 28 material with this Court must first attempt to make such filings confidentially, by seeking to obtain 4 1 prior leave of Court for filing the same under seal. Notwithstanding any agreement among the parties, 2 the party seeking to file a paper under seal bears the burden of overcoming the presumption in favor of 3 public access to papers filed in Court. NOTE: If the document is filed electronically, the appropriate 4 protocol for that purpose will be utilized; 5 7. If such application for leave of Court to file any document(s) under seal is denied, then 6 the party who sought leave will be relieved, in that instance only, and only as to such documents for 7 which leave of Court was denied, from complying with this stipulation in relation to that filing; 8 8. Any documents, testimony, and/or information that has been rendered “Confidential” 9 under the parties’ Stipulated Protective Order is to be used only in the above-captioned action, and may 10 not be used in any other action or for any other purpose unless the party seeking to make such use has 11 acquired the documents, testimony, and/or information from a source independent of the above- " #$ %&' !!&( &)(%*&& ! 12 captioned action; 13 9. Within 45 calendar days of the entry of the final order concluding this judicial 14 proceeding, all “Confidential” documents or things; any copies, summaries, and abstracts thereof; or 15 notes relating thereto, shall be returned to the producing party or destroyed by the receiving party 16 (including by being shredded), at the option of the receiving party, with proof or attestation of such 17 destruction of records being transmitted by the receiving party to the producing party, except as 18 otherwise ordered by the Court or stipulated in writing by the parties. Counsel of record shall obtain 19 return of such information, things, and/or documents from any person to whom that counsel has made 20 available the documents or information produced by the other party designated as “Confidential.” 21 Notwithstanding any other language contained in this Order, each party’s counsel of record shall be 22 allowed to retain for its files a copy of all pleadings, motions, exhibits, or other papers filed and/or 23 lodged with the Court, and of all documents designated by both parties or any non-party as 24 “Confidential” and/or summaries or abstracts thereof (including but not limited to documents of any 25 type prepared by a party and/or counsel that are subject to the attorney-client privilege and/or the 26 attorney work-product doctrine). All such documents and information retained by counsel of record 27 must be maintained in a confidential manner and used only in accordance with this Order. 28 10. This Stipulated Protective Order may be amended, without prior leave of the Court, by 5 1 the agreement of counsel for the parties in the form of a stipulation and order that shall be filed in this 2 case. Nothing herein shall be construed so as to prevent any party from seeking relief from this Order 3 at any time; and 4 11. The parties reserve their rights to assert the confidentiality of documents and 5 information produced irrespective of their production pursuant to this Stipulated Protective Order. 6 Dated: August 9, 2018 THE GEDDES LAW FIRM, P.C. 7 8 WILLIAM J. GEDDES Nevada Bar No. 6984 8600 Technology Way, Suite 107 Reno, Nevada 89521 Phone: (775) 853-9455 Fax: (775) 299-5337 Email: Will@TheGeddesLawFirm.com Attorney for Plaintiff Devon Isbell 9 10 11 " #$ %&' !!&( &)(%*&& ! 12 13 14 Dated: August 9, 2018 15 16 17 18 19 20 GALLIAN WELKER & BECKSTROM, L.C. Electronic Signature Authorized /s/ RAELENE K. PALMER Nevada Bar No. 8602 540 E. St. Louis Avenue Las Vegas, Nevada 89104 Phone: (702) 892-3500 Fax: (702) 386-1946 Email: rpalmer@vegascase.com Attorneys for Plaintiff Alan Curt Shufelt 21 22 Dated: August 9, 2018 BITTNER LEGAL, LLC 23 Electronic Signature Authorized 24 /s/ 25 ELIZABETH M. BITTNER Nevada Bar No. 9329 316 California Ave. # 426 Reno, NV 89509 Phone: (775) 357-8733 Email: Elizabeth@BittnerLegal.com Attorneys for Defendant Owens Precision, Inc. 26 27 28 6 1 2 ORDER THE COURT, having considered the preceding Stipulation and good cause appearing therefor, 3 HEREBY GRANTS the relief and protections requested therein. IT IS HEREBY ORDERED that the 4 preceding Stipulation and this Stipulated Protective Order shall be and remain in effect, as stipulated 5 therein. 6 IT IS SO ORDERED. 7 8 DATED: August 16, 2018 9 10 11 UNITED STATES DISTRICT JUDGE " #$ %&' !!&( &)(%*&& ! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
