Sanchez et al v. Chugach McKinley, Inc. et al, No. 2:2010cv00975 - Document 54 (D. Nev. 2010)
Court Description: PROTECTIVE ORDER Granting 49 Stipulation for Protective Order. Signed by Magistrate Judge Robert J. Johnston on 12/7/10. (Copies have been distributed pursuant to the NEF - ASB)
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Sanchez et al v. Chugach McKinley, Inc. et al 1 2 3 4 5 6 7 8 Doc. 54 SAO ROBERT A. MASSI, ESQ. Nevada Bar No. 2397 KRISTIE L. REBER, ESQ. Nevada Bar No. 011693 ROBERT A. MASSI, LTD. 11201 S. Eastern Avenue, Suite #100 Henderson, Nevada 89052 Telephone: (702) 870-1100 Facsimile: (702) 870-0196 robertmassiltd@hotmail.com kreber@bobmassi.com Attorneys for Plaintiff 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE DISTRICT OF NEVADA 12 13 14 MONICA SANCHEZ and ISMAEL SANCHEZ, individually as husband and wife, Plaintiff, 15 16 vs. 17 CHUGACH MCKINLEY, INC.; STANLEY ACCESS TECHNOLOGIES, LLC.; WACKENHUT SERVICE, INCORPORATED; DOES I through V; ROE CORPORATIONS I through V; and ROE COMPANIES I through V, inclusive, 18 19 20 CASE NO. 2:10-cv-00975-RLH-RJJ STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION 21 22 Defendants CHUGACH MCKINLEY, INC., 23 Third Party Plaintiff, 24 25 26 27 28 vs. BESAM US INC. d/b/a/BESAM ENTRANCE SOLUTIONS, d/b/a SOUTHERN NEAVADA DOORS; DOES VI through X; ROE CORPORATIONS VI through X, inclusive, Third Party Defendants. Dockets.Justia.com 1 STIPULATED PROTECTIVE ORDER 2 REGARDING CONFIDENTIAL INFORMATION 3 IT IS HEREBY STIPULATED by and between the parties, through their 4 respective undersigned counsel, that: 5 1. This Protective Order shall apply to any information, document, thing, or 6 testimony that is subject to discovery, production, inspection, and/or reproduction in this 7 action, and which is deemed or designated, pursuant to the following provisions, as 8 containing confidential information (hereinafter "Confidential Materials") and is owned or 9 controlled by a party, or is owned or controlled by a third party, who elects or is ordered to 10 provide discovery, production, inspection, and/or reproduction in this action (hereinafter 11 “Producing Party”), under the terms and conditions of this Protective Order. As used herein, 12 any references to "party" and "third party" refer to and mean, unless otherwise specified, a 13 natural person, any form of business organization, any government or non-governmental 14 agency of any nature or type, and includes the party's or third party's employees, directors, 15 shareholders, independent contractors, agents, representatives, attorneys, accountants, and 16 all persons acting or purporting to act on their behalf. 17 include, without limitation, information and documents produced pursuant to F.R.C.P. 26, 18 testimony adduced at depositions upon oral examination pursuant to F.R.C.P. 30, written 19 responses to depositions by written questions pursuant to F.R.C.P. 31, written responses to 20 interrogatories pursuant to F.R.C.P. 33, documents produced pursuant to F.R.C.P. 34, 21 answers to requests for admission pursuant to F.R.C.P. 36, and testimony, documents, und 22 things provided pursuant to F.R.C.P. 45. "Confidential Materials" shall also include all 23 information, documents, and things relating in any way to the substance of the foregoing, 24 including but not limited to copies, summaries, or abstracts of the foregoing. 25 ... 26 ... 27 ... 28 ... "Confidential Materials" shall 2. 1 Without prejudice to the right of a party to object to the production of the 2 following information, or of a party to seek production, the information subject to 3 designation as "Confidential Materials" shall include Plaintiffs’: 4 (a) Social security number; 5 (b) Financial data; 6 (c) Date of birth; 7 (d) Home address; 8 (e) Any information considered classified or subject to federal security (f) Any other sensitive personal or financial information contained in 9 clearance; 10 11 Plaintiffs’ employment files that is not publicly available. 12 3. Confidential Materials shall be treated by each party receiving such 13 Confidential Materials ("Receiving Party") as confidential unless and until this Court rules 14 to the contrary, and/or Plaintiffs agree otherwise. However, nothing in this Protective Order 15 shall prevent or restrict counsel for any party in any way from inspecting, reviewing, or 16 using, any discovery material produced or provided by that party, including discovery 17 material designated as confidential. 4. 18 The parties agree that Confidential Materials will not be used for any purpose 19 other than the litigation of this action ("Litigation"), including any appeals of this Litigation, 20 without prior written approval from the Court or the prior written consent of Plaintiffs. No 21 person shall divulge information subject to this Protective Order to the public or shall give 22 information subject to this Protective Order to any person not entitled under this Protective 23 Order to receive it. 24 ... 25 ... 26 ... 27 ... 28 ... 5. 1 This Protective Order shall not enlarge or affect the proper scope of 2 discovery in this or any other litigation, nor shall this Protective Order imply that 3 Confidential Materials are properly discoverable, relevant or admissible in this or any other 4 litigation. Each party reserves the right to object to any disclosure of information or 5 production of any documents on any other ground it may deem appropriate. Nothing in this 6 Protective Order shall require disclosure of material that counsel for a party or a third party 7 contends is protected from disclosure by the attorney-client privilege, the attorney work- 8 product immunity, or any other privilege. This shall not preclude any party from moving the 9 Court for an order directing the disclosure of such material. 6. 10 The Receiving Party and all persons given access to Confidential Materials in 11 accordance with the terms of this Protective Order consent to the continuing jurisdiction of 12 the Court for the purposes of enforcing this Protective Order and remedying any violations 13 thereof. 7. 14 Confidential Materials shall not be disclosed to anyone other than the 15 following categories of persons: 16 (a) 17 The Court (and any appellate court), including court personnel, jurors, and alternate jurors, only in the manner provided in paragraph 9 below; (b) 18 The named parties to this Litigation, and the attorneys in this 19 Litigation, including the paralegal, clerical, secretarial, and other staff employed or retained 20 by such counsel; (c) 21 Court reporters (including persons operating video recording 22 equipment at depositions) and persons preparing transcripts of testimony to the extent 23 necessary to prepare such transcripts; (d) 24 Retained experts, advisors, consultants, and special masters, including 25 persons directly employed by such experts, advisors, consultants, and special masters 26 (collectively, "Experts") but only to the extent necessary to perform their work in connection 27 with this Litigation; 28 ... (e) 1 2 The person who authored the Confidential Materials or who received such Confidential Materials in the ordinary course of business; and 3 (f) 4 before the proposed disclosure. 8. 5 Such persons as the undersigned counsel shall consent to in writing All parties and their respective counsel, and the paralegals, employees, and 6 assistants of such counsel receiving Confidential Materials shall take all steps reasonably 7 necessary to prevent the disclosure of Confidential Materials other than in accordance with 8 the terms of this Protective Order. In the event of a change in counsel, retiring counsel shall 9 fully instruct new counsel of their responsibilities under this Protective Order. 9. 10 Any Confidential Materials that are filed with the Court, and any pleading, 11 motion, or other paper filed with the Court containing or disclosing any such Confidential 12 Materials shall be filed under seal and shall bear the legend: 13 14 THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION COVERED BY A PROTECTIVE ORDER OF THE COURT AND IS SUBMITTED UNDER SEAL PURSUANT TO THAT PROTECTIVE ORDER. THE CONFIDENTIAL CONTENTS OF THIS DOCUMENT MAY NOT BE DISCLOSED WITHOUT EXPRESS ORDER OF THE COURT. 15 16 17 18 Said Confidential Materials shall be kept under seal until further order of the Court; 19 however, said Confidential Materials filed under seal shall be available to the Court and 20 counsel of record, and to all other persons entitled to receive the Confidential Materials 21 under the terms of this Protective Order. 22 10. Disclosure of Confidential Materials other than in accordance with the terms 23 of this Protective Order may subject the disclosing person to such sanctions and remedies as 24 the Court may deem appropriate, including, without limitation, contempt and injunctive 25 relief. 26 11. The entry of this Protective Order shall be without prejudice to the rights of 27 the parties, or anyone of them, or of any non-party to assert or apply for additional or 28 different protection. 1 12. The terms of this Protective Order shall survive and remain in effect after the 2 termination of this Litigation. The parties shall take such measures as are necessary and 3 appropriate to prevent the public disclosure of Confidential Materials, through inadvertence 4 or otherwise, after the conclusion of this Litigation. 5 13. If the Receiving Party or its counsel or expert is served with a subpoena or 6 other process by any court, administrative or legislative body, or any other person or 7 organization which calls for production of any Confidential Materials produced by another 8 party, the party to whom the subpoena or other process is directed shall not, to the extent 9 permitted by applicable law, provide or otherwise disclose such documents or information 10 until ten (10) business days after notifying counsel for the Producing Party in writing of all 11 of the following: (1) the information and documentation which is requested for production 12 in the subpoena; (2) the date on which compliance with the subpoena is requested; (3) the 13 location at which compliance with the subpoena is requested; (4) the identity of the party 14 serving the subpoena; and (5) the case name, jurisdiction, and index, docket, complaint, 15 charge, civil action, or other identification number or other designation identifying the 16 litigation, administrative proceeding, or other proceeding in which the subpoena has been 17 issued. 18 14. This Protective Order does not restrict or limit the use of Confidential 19 Materials at any hearing or trial, which is expected to be the subject of a further protective 20 order and/or appropriate court orders. Prior to any hearing or trial at which the use of 21 Confidential Materials is anticipated, the parties shall meet and confer regarding the use of 22 the Confidential Materials. If the parties cannot agree, the parties shall request the Court to 23 rule on such procedures. 24 15. This Protective Order is without prejudice to the right of any party to seek 25 relief from or modification of any provision contained herein by motion to the Court with 26 reasonable notice to the parties, including seeking and obtaining additional protection or the 27 subsequent elimination of protection with respect to the confidentiality of any document or 28 discovery response upon an appropriate showing. 1 16. This protective order is intended only to prevent the dissemination of the 2 Confidential Materials, and nothing in this protective order shall be construed to prevent the 3 parties from using the Confidential Materials for pre-trial preparation and/or at trial. 4 DATED this 17th day of November, 2010. 5 ROBERT A. MASSI, LTD. 6 7 8 9 10 11 12 13 14 15 By: /s/ Robert A. Massi____________ ROBERT A. MASSI, ESQ. Nevada Bar No. 2397 ROBERT A. MASSI, LTD. 11201 S. Eastern Avenue, Suite #100 Henderson, Nevada 89052 Attorneys for Plaintiffs DATED this 17th day of November, 2010. THORNDAL ARMSTRONG DELK BALKENBUSH & EISENGER 16 17 18 19 20 21 22 23 24 By: _/s/ Craig Delk_____________ CRAIG R. DELK, ESQ. Nevada Bar No. 2295 1100 Bridger Avenue (89101) Las Vegas, Nevada 89125-2070 Attorney for Defendant WACKENHUT SERVICE, INCORPORATED DATED this _____ day of November, 2010. OLSON, CANNON, GORMLEY & DESRUISSEAUX 25 26 27 28 By: __/s/George Lyles______ GEORGE LYLES, ESQ. Nevada Bar No. 309 9950 W. Cheyenne Avenue Las Vegas, Nevada 89129 Attorneys for Defendant STANLEY ACCESS TECHNOLOGIES, LLC 1 DATED this _____ day of November, 2010. 2 WOLFENZON SCHULMAN & ROLLE 3 4 5 By: _ /s/ Daniel J. Reed_____ DANIEL J. REED, ESQ. Nevada Bar No. 11249 6725 Via Austi Parkway , Ste #260 Las Vegas, Nevada 89119 Attorneys for Defendant CHUGACH MCKINLEY, INC. 6 7 8 9 10 11 12 ORDER DECEMBER 7TH IT IS SO ORDERED on this _____day ofXXXXXXXX 2010. November, 13 14 15 ______________________________________ UNITED STATES MAGISTRATE JUDGE 16 17 Respectfully submitted by: 18 19 ROBERT A. MASSI, LTD. 20 21 22 23 24 25 26 27 28 By: _____________________________ ROBERT A. MASSI, ESQ. Nevada Bar No. 2397 KRISTIE L. REBER, ESQ. Nevada Bar No. 11693 11201 South Eastern Ave., Ste. 100 Henderson, Nevada 89052 Attorney for Plaintiffs
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