Ballard v. Synthes, Inc., No. 2:2009cv01448 - Document 23 (D. Nev. 2010)

Court Description: ORDER GRANTING 22 Stipulated PROTECTIVE ORDER. See Order for details. Signed by Magistrate Judge George Foley, Jr on 6/29/10. (Copies have been distributed pursuant to the NEF - ECS)
Download PDF
Ballard v. Synthes, Inc. 1 2 3 4 5 6 7 8 9 10 11 Doc. 23 Robert A. Goldstein (NV Bar #5001) JENNINGS, STROUSS & SALMON, P.L.C. A Professional Limited Liability Company 8330 West Sahara Avenue, Suite 290 Las Vegas, NV 89117-8949 Telephone: (702) 227-0700 Facsimile: (702) 227-0799 Michael J. O’Connor – (AZ Bar #010399) JENNINGS, STROUSS & SALMON, P.L.C. A Professional Limited Liability Company One East Washington Street, Suite 1900 Phoenix, AZ 85004-2554 Telephone: (602) 262-5889 Facsimile: (602) 495-2645 Attorneys for Defendant Synthes USA Sales, LLC, identified as Synthes, (USA) in the caption 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 ARLENE BALLARD, Case No. 2:09-cv-01448-PMP-GWF Plaintiff, 16 17 vs. 18 SYNTHES, (USA), STIPULATED PROTECTIVE ORDER Defendant. 19 20 21 22 The parties hereby stipulate and agree through their respective counsel to agree to be bound by the following Protective Order: 23 IT IS HEREBY ORDERED: 24 1. This Order shall govern all documents and discovery materials 25 produced by Synthes USA Sales, L.L.C., in response to discovery conducted by 26 Plaintiff in the above-captioned matter. 3601791v1(42344.174) Case 2:09-cv-01448-PMP-GWF Document 22 2. 1 Filed 06/28/10 Page 2 of 10 As used in this Order, “Confidential Material” shall refer to any 2 document, or any portion thereof, designated as confidential by Defendant, as 3 well as information contained in or derived from such document(s). 4 materials that are furnished by Defendant and marked “Confidential” are 5 stipulated to be confidential. If Plaintiff can subsequently establish that she had 6 prior access to any writings delivered and designated as “confidential,” Plaintiff 7 shall promptly notify Defendant of said writings, furnish Defendant with copies 8 without Defendant’s “Confidential” designations and, if a dispute then arises 9 involving the prior circumstances under which Plaintiff received said writings, 10 either party may submit same to the Court for review and determination of 11 whether any violation of a previous Protective Order has occurred. 3. 12 Defendant, in producing any document or other Such discovery 13 materials, may designate all or any portion or portions thereof as confidential 14 Material. 15 4. The designation of Confidential Material may be made by placing or 16 affixing thereon in such manner as will not interfere with the legibility thereof 17 the following or other appropriate notice: “Confidential Information – Produced 18 in Ballard v. Synthes, pursuant to Protective Order. 19 subsequently Bates stamped. 5. 20 Do Not Reproduce” and Confidential Material shall not be used by Plaintiff and/or Plaintiff’s 21 agents, including attorneys and experts, for any purpose other than preparation 22 for trial or arbitration and/or trial or arbitration of this action. 6. 23 Should any party in this action other than Plaintiff desire access to 24 Confidential Material, such party shall comply with the terms of this Protective 25 Order. 26 3601791v1(42344.174) -2- Case 2:09-cv-01448-PMP-GWF Document 22 1 7. Filed 06/28/10 Page 3 of 10 Only two copies of the Confidential Material shall be provided to 2 Plaintiff and specifically to her designated attorney of record who shall receive 3 such Confidential Material in sealed envelopes. 4 receiving such Confidential Material is prohibited from reproducing any other 5 copies of the sealed Confidential Material, except as permitted by the terms of 6 this Protective Order. 7 attorney requesting such documentation shall be controlled and properly 8 secured by that attorney to prevent unauthorized access to or reproduction of 9 the information and documentation so designated as confidential. The Designated attorney The Confidential Material received by the designated Counsel 10 receiving Confidential material shall maintain for each copy of the Confidential 11 Material an ongoing log and record the date a “qualified person,” as defined by 12 Paragraph 8, was given access to the Confidential Material, the name of the 13 “qualified person” given access, and what Confidential Materials the qualified 14 person reviewed; and Plaintiff shall deliver to Defendant a full and complete and 15 warranted copy of the logs at the end of this case, together with a return of all 16 Confidential Material and all notes, charts, excerpts taken and/or derived 17 therefrom. Access to Confidential Material will be allowed only at the office of 18 Plaintiff’s counsel and under the direct and continuing control of Plaintiff’s named 19 attorney and his staff as recorded in the log, except that Plaintiff’s counsel may 20 forward such Confidential Material to an expert retained for this litigation who 21 complies with the remainder of the terms set forth herein. 22 8. Confidential Material and any copies thereof and notes made 23 therefrom shall be disclosed only to “qualified persons.” Qualified persons are 24 limited to: 25 26 a. Counsel of record for the parties and deponent. b. A designated representative for Plaintiff Arlene Ballard. 3601791v1(42344.174) -3- Case 2:09-cv-01448-PMP-GWF Document 22 1 c. The non-technical and clerical staff employed by counsel of record for the preparation of and the trial of this action. d. The independent personnel retained by counsel of record to furnish technical or other expert services or advice or to give expert testimony. 2 3 4 5 9. Filed 06/28/10 Page 4 of 10 Prior to disclosure of Confidential Material to any qualified person 6 as defined in Paragraph 8, above, such person shall execute a “written 7 Assurance” in the form of Exhibit A, attached hereto, a copy of which shall 8 forthwith be furnished to counsel for Defendant within a reasonable time. 9 10. If Confidential Material is utilized or referred to during depositions, 10 the counsel for deponent or Defendant may request that only qualified persons, 11 the deponent and the reporter shall be present. 12 either at the deposition itself or within ten (10) days after receipt of the 13 transcript thereof, notify all other counsel, on record or in writing, that the 14 information is claimed to be Confidential Material and designate the portions for 15 which such claim is made. Those portions of any deposition transcript, including 16 exhibits, for which confidentiality is claimed shall be bound separately under seal 17 and prominently marked “Confidential Material Subject to Protective Order.” 18 The deponent shall be instructed in advance that he or she may not disclose 19 Confidential Material or the information contained therein except as provided 20 herein and shall sign a Written Assurance to that effect. Said portions of any 21 deposition transcript shall be returned to Defendant upon final termination of 22 this action. 23 11. Counsel for Defendant shall, Confidential Material may be referred to or incorporated in 24 documents, including briefs, affidavits or interrogatories filed with this Court, 25 provided that such documents shall be filed with the Clerk of the Court under 26 seal prominently marked “confidential Material Subject to Protective Order,” and 3601791v1(42344.174) -4- Case 2:09-cv-01448-PMP-GWF Document 22 Filed 06/28/10 Page 5 of 10 1 all copies so attached shall be returned to Defendant upon final termination of 2 this action. 12. 3 Confidential Material may be introduced into evidence if otherwise 4 admissible, provided that the party seeking to do so shall provide the party 5 whose documents are to be offered in evidence no less than ten (10) days prior 6 notice of its intent to make such offer so that Defendant may have adequate 7 opportunity to see in camera treatment of such documents. 13. 8 If counsel for a party disagrees with a claim of confidentiality, he 9 shall notify opposing counsel within forty-five (45) days of receipt thereof, 10 specifying the factual and/or legal basis for said assertion; and, if the dispute 11 cannot be resolved by agreement, then the dispute will be submitted to the 12 Court. 13 Court shall consider the general purpose of this agreement to protect the 14 disclosure of (1) proprietary information, (2) trade secrets, (3) manufacturing 15 specifications, and 16 information shall be kept and maintained as confidential pending the ruling by 17 this Court. 18 In determining whether the document shall remain confidential, the 14. (4) other claims. Pending such determination, the Upon final termination of this action, information designated 19 confidential, including each copy thereof and each document and copy thereof 20 which incorporates, in whole or in part, any information designated as 21 confidential, as well as any notes, charts, excerpts, etc., that were made based 22 upon such confidential information, shall be returned to Defendant together with 23 the log access records described in Paragraph 7. 24 25 26 3601791v1(42344.174) -5- 1 APPROVED 2 LAW OFFICES OF MICHAEL F. BOHN, ESQ., LTD. 3 4 By: 5 6 /s/ Michael F. Bohn (with permission) Michael F. Bohn 1880 East Warm Springs Road, Suite 110 Las Vegas, NV 89119 Attorneys for Plaintiff 7 JENNINGS, STROUSS & SALMON, P.L.C. 8 9 10 By: 11 12 /s/ Michael J. O’Connor Michael J. O’Connor One East Washington Street, Suite 1900 Phoenix, AZ 85004-2554 Attorneys for Defendant 13 14 15 IT IS SO ORDERED 16 17 GEORGE FOLEY, JR. United States Magistrate Judge 18 19 DATED: June 29, 2010 20 21 22 23 24 25 26 3601791v1(42344.174) -6- Case 2:09-cv-01448-PMP-GWF Document 22 CERTIFICATE OF MAILING 1 2 3 4 Filed 06/28/10 Page 7 of 10 I hereby certify that on June 28, 2010, I electronically transmitted the attached document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Michael F. Bohn, Esquire LAW OFFICE OF BOHN & MORRIS 1880 East Warm Springs Road, Suite 110 Las Vegas, NV 89119 5 6 7 8 9 10 I hereby certify that on June 28, 2010, I served the attached document by mail on the following, who are not registered participants of the CM/ECF System: 11 By 12 /s/ K. C. Rusboldt 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3601791v1(42344.174) -7- Case 2:09-cv-01448-PMP-GWF Document 22 Filed 06/28/10 Page 8 of 10 EXHIBIT A Case 2:09-cv-01448-PMP-GWF Document 22 Filed 06/28/10 Page 9 of 10 WRITTEN ASSURANCE , hereby attest to my understanding that I, information or documents designated confidential are provided to me pursuant to the terms and conditions and restrictions of the Protective Order in Ballard v. Synthes, Case No. 09-CV-01448 PMP-gwf, in the United States District Court for the District of Nevada; that I have been given a copy of and have read that Protective Order and have had its meaning and effect explained to me by the designated attorney receiving the documents; and that I hereby agree to be bound by it and its terms. I understand that I am prohibited from reproducing, making or disseminating any copies of the writings covered by the Protective Order; and, further, that upon completion of this litigation, I am to return all of said writings to the attorney in this case who has retained me and made these writings available to me for my review pursuant to the terms of the Protective Order, including notes, charts, excerpts that were made based upon such Confidential Information of documents. I further agree that I shall not disclose to others, except in accordance with that Protective Order, such writings regarding information contained in them, and that such information or documents shall be used only for the purposes of the legal proceeding in which they were produced. I further agree and attest to my understanding that my obligation to honor the confidentiality of such information or documents will continue even after the termination of that legal proceeding. I further agree and attest to my understanding that, in the event that I fail to abide by the terms of that Protective Order, I may be subject to sanctions, including sanctions by way of contempt of Court, imposed by the Court for such failure. Further, I agree to subject myself to the jurisdiction of the United States District Court for the District of Nevada, in and for any contempt proceedings or other 3602087v1(42344.174) Case 2:09-cv-01448-PMP-GWF Document 22 Filed 06/28/10 Page 10 of 10 appropriate sanctions as the Court may deem proper for a violation of the Court’s Protective Order. (Signature) (Print Name) Sworn and subscribed in my presence this Notary Public My Commission Expires: 3602087v1(42344.174) -2- day of , 2010.