Gordon v. Las Vegas Metropolitan Police Department et al, No. 2:2013cv01095 - Document 26 (D. Nev. 2014)

Court Description: PROTECTIVE ORDER Granting 24 Stipulated Protective Order. Signed by Magistrate Judge George Foley, Jr on 8/14/2014. (Copies have been distributed pursuant to the NEF - EDS)
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Case 2:13-cv-01095-GMN-GWF Document 24 Filed 08/13/14 Page 1 of 12 Gordon v. Las Vegas Metropolitan Police Department et al 1 2 3 4 5 Doc. 2 Marquis Aurbach Coffing CRAIG R. ANDERSON, ESQ. Nevada Bar No. 6882 10001 Park Run Drive Las Vegas, Nevada 89145 Telephone: (702) 382-0711 Facsimile: (702) 382-5816 canderson@maclaw.com Attorneys for Defendants 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 LAWRENCE GORDON, Plaintiff, 9 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 12 13 14 2:13-cv-01095-GMN-GWF vs. 10 11 Case No.: LAS VEGAS METROPOLITAN POLICE DEPARTMENT, a political subdivision of the State of Nevada; SHERIFF DOUGLAS GILLESPIE, individually and as policy maker of Las Vegas Metropolitan Police Department; OFFICER JACQUAR ROSTON, individually and DOE OFFICERS 1 through 10, inclusive, Defendants. 15 PROTECTIVE ORDER 16 17 Plaintiff seeks to obtain, inspect and copy documents and/or things which the Las Vegas 18 Metropolitan Police Department (“LVMPD”) contends contains private and sensitive 19 information, confidential information of LVMPD, its officers and employees, its internal 20 investigative and administrative actions, and other confidential information. Pursuant to an 21 agreement by the Parties, the Court hereby enters the following Order for Protection (“Protective 22 Order”): TERMS OF PROTECTIVE ORDER 23 24 I. DEFINITIONS 25 The following definitions apply to the Protective Order: 26 1. Party. Any party to this action, including all of its officers, directors, employees, 27 consultants, Experts, and Outside Counsel. Party, as used in this Protective Order, shall also 28 refer to the Las Vegas Metropolitan Police Department, and its officers, agents and employees. Page 1 of 12 M&A:05166-711 2287668_1 8/13/2014 12:17 PM Dockets.Justia.com Case 2:13-cv-01095-GMN-GWF Document 24 Filed 08/13/14 Page 2 of 12 1 2. Disclosure or Discovery Material. All items or information, regardless of the 2 medium or manner generated, stored, or maintained (including, among other things, testimony, 3 transcripts, or tangible things) that are produced or generated in disclosures or responses to 4 discovery in this matter. 5 3. “Confidential” Information or Items. Information (regardless of how generated, investigative and/or official information privileges, or that contain Criminal History Information, 8 personal information regarding individuals including Social Security Numbers, dates of birth and 9 information which a person would have a reasonable expectation of privacy. Confidential 10 information shall also include information concerning, regarding, or as a result of covert or 11 undercover law enforcement investigation(s) technique(s), method(s) or source(s), including the 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 stored or maintained) or tangible things that qualify for protection under the law enforcement 7 MARQUIS AURBACH COFFING 6 identity of any confidential informant, undercover officer information, or information referring 13 to any undercover or active criminal investigations. Further, Confidential information shall also 14 include any information protected from disclosure under Donrey v. Bradshaw, 106 Nev. 630 15 (1990) or an official or executive information privilege. Confidential information shall also 16 include employee information, employee medical information, and employee disciplinary action, 17 including any internal investigation concerning employee actions. 18 19 20 21 22 23 24 25 26 27 28 4. Receiving Party. A Party that receives Disclosure or Discovery Material or Confidential Information from a Producing Party. 5. Producing Party. A Party or third-party that produces Disclosure or Discovery Material or Confidential Information in this action. 6. Designating Party. A Party or third-party that designates information or items that it produces in disclosures or in responses to discovery as “Confidential.” 7. Protected Material. Any Disclosure or Discovery Material or Confidential Information that is designated as “Confidential.” 8. Outside Counsel. Attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action. 9. House Counsel. Attorneys who are employees of a Party. Page 2 of 12 M&A:05166-711 2287668_1 8/13/2014 12:17 PM Case 2:13-cv-01095-GMN-GWF Document 24 Filed 08/13/14 Page 3 of 12 1 2 10. Counsel (without qualifier). Outside Counsel and House Counsel (as well as their support staffs). 3 11. Expert. A person with specialized knowledge or experience in a matter pertinent 4 to the litigation retained by a Party or its Counsel to serve as an expert witness or as a consultant 5 in this action. This definition includes, but is not limited to, a professional jury or trial consultant 6 retained in connection with this litigation. 7 12. Professional Vendor. Person or entity that provides litigation support services 8 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, organizing, 9 storing, retrieving data in any form or medium; etc.) and its employees and subcontractors. 10 II. The use of the singular form of any word includes the plural, and vice versa. SCOPE 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 11 13. The protection conferred by this Protective Order covers not only Protected Material, but 13 also any information copied or extracted therefrom, as well as all copies excerpts, summaries, or 14 compilations thereof, testimony, conversations, or presentations by parties or counsel to or in 15 court or in other settings that might reveal Protected Material. 16 III. DURATION 17 Even after the termination of this action, the confidentiality obligations imposed by this 18 Protective Order shall remain in effect until a Designating Party agrees otherwise in writing or a 19 court order otherwise directs. 20 IV. 21 DESIGNATING PROTECTED MATERIAL 1. Manner and Timing of Designations. Except as otherwise provided herein, or as 22 otherwise ordered, material that qualifies for protection under this Order must be clearly 23 designated before it is disclosed or produced. Designations in conformity with this Order 24 require: 25 a. For information in documentary form. That the Producing Party 26 shall affix the legend “Confidential” on each page that contains Protected Material. If only a 27 portion or portions of the material on a page qualifies for protection, the Producing Party also 28 must clearly identify the protected portion(s) (e.g., by making appropriate makings in the Page 3 of 12 M&A:05166-711 2287668_1 8/13/2014 12:17 PM Case 2:13-cv-01095-GMN-GWF Document 24 Filed 08/13/14 Page 4 of 12 margins or redacting protected portions). A Producing Party that makes original documents or 2 materials available for inspection need not designate them for protection until after the inspecting 3 Party has indicated which material it would like copied and produced. During the inspection and 4 before the designation, all of the material made available for inspection shall be deemed 5 “Confidential.” After the inspecting Party has identified the documents it wants copied and 6 produced, the Producing Party must determine which documents, or portions thereof, qualify for 7 protection under this Order, and, before producing the specified documents, the Producing Party 8 must affix the appropriate legend on each page that contains Protected Material. If only a 9 portion or portions of the material on a page qualifies for protection, the Producing Party also 10 must clearly identify the protected portion(s) (e.g., by making appropriated markings in the 11 margins or by redacting protected portions). 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 1 b. For testimony given in deposition or in other pretrial or trial 13 proceedings. That before the close of the deposition, hearing, or other proceeding, the Party or 14 non-party offering or sponsoring the testimony shall identify on the record all protected 15 testimony and further specify any portions of the testimony that qualify as “Confidential.” When 16 it is impractical to identify separately each portion of testimony that is entitled to protection, the 17 Party or non-party that sponsors, offers, or gives the testimony may invoke on the record (before 18 the deposition or proceeding is concluded) a right to have up to thirty (30) days to identify the 19 specific portions or the testimony as to which protection is sought. Only those portions of the 20 testimony that are appropriately designated for protection under the standards set forth herein 21 within the thirty (30) days shall be covered by the provisions of this Protective Order. Upon 22 request of a Designating Party, transcript pages containing Protected Material must be separately 23 bound by the court reporter, who must affix to the top of each such page the legend 24 “Confidential” as instructed by the Party or non-party offering or sponsoring the witness or 25 presenting the testimony. 26 c. For information produced in some form other than documentary, 27 and for any other tangible items. That the Producing Party affix in a prominent place on the 28 exterior of the container or containers in which the information or item is stored the legend Page 4 of 12 M&A:05166-711 2287668_1 8/13/2014 12:17 PM Case 2:13-cv-01095-GMN-GWF Document 24 Filed 08/13/14 Page 5 of 12 1 “Confidential.” If only portions of the information or item warrant protection, the Producing 2 Party, to the extent practicable, shall identify the protected portions. 3 2. Inadvertent Failure to Designate. Inadvertent failure to identify documents or otherwise valid claim for protection, provided that the provisions of this paragraph are satisfied. 6 If the Designating Party discovers that information should have been but was not designated 7 “Confidential” or if the Designating Party receives notice that would enable the Designating 8 Party to learn that it has disclosed such information, the Designating Party must immediately 9 notify all other parties. In such event, within thirty (30) days of notifying all other Parties, the 10 Designating Party must also provide copies of the “Confidential” information designated in 11 accordance with this Protective Order. After receipt of such re-designated information, the 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 things as “Confidential” pursuant to this Protective Order shall not constitute a waiver of any 5 MARQUIS AURBACH COFFING 4 “Confidential” information shall be treated as required by this Protective Order, and the 13 Receiving Party shall promptly, but in no event more than fourteen (14) calendar days from the 14 receipt of the re-designated information, return to the Designating Party all previously produced 15 copies of the same unlegended documents or things. The Designating Party and the Parties may 16 agree to alternative means. The Receiving Party shall receive no liability, under this Protective 17 Order or otherwise, for any disclosure of information contained in unlegended documents or 18 things occurring before the Receiving Party was placed on notice of the Designating Party’s 19 claims of confidentiality. 20 V. 21 CHALLENGING CONFIDENTIALITY DESIGNATIONS 1. Meet and Confer. A Party that elects to initiate a challenge to a Designating 22 Party’s confidentiality designation must do so in good faith and must begin the process by 23 conferring with counsel for the Designating Party. The challenging Party must give the 24 Designating Party an opportunity of not less than ten (10) calendar days to review the designated 25 material, to reconsider the circumstances, and, if no change in the designations is offered, to 26 explain in writing the basis for the confidentiality designation. 27 28 2. Judicial Intervention. A Party that elects to press a challenge to a confidentiality designation after considering the justification offered by the Designating Party may file and Page 5 of 12 M&A:05166-711 2287668_1 8/13/2014 12:17 PM Case 2:13-cv-01095-GMN-GWF Document 24 Filed 08/13/14 Page 6 of 12 1 serve a motion that identifies the challenged material and sets forth in detail the basis for the 2 challenge. Until the Court rules on the challenge, all parties shall continue to afford the material 3 in question the level of protection to which it is entitled under the Producing Party’s designation. 4 VI. 5 ACCESS TO AND USE OF PROTECTED MATERIAL 1. Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a third-party in connection with this case solely for the 7 limited purposes of prosecuting, defending, attempting to settle, or settling this action. Such 8 Protected Material may be disclosed only to the categories of persons and under the conditions 9 described in the Protective Order. Protected Material must be stored and maintained by a 10 Receiving Party at a location and in a secure manner that ensures that access is limited to the 11 persons authorized under this Protective Order. 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 6 2. Disclosure of “Confidential” Information or Items. Unless otherwise ordered by 13 the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any 14 information or item designated Confidential only to: 15 a. The Parties to this action and the Receiving Party’s Outside 16 Counsel of record in this action, as well as employees of said Counsel to whom it is reasonably 17 necessary to disclose the information for this litigation. Counsel of Record shall be responsible 18 for advising all of their staff of the existence of, and their confidentiality obligations under, the 19 Protective Order, and shall be responsible for any non-compliance with the Protective Order by 20 members of their staff that have not signed an agreement to be bound by the Protective Order; 21 b. The officers, directors, and employees of the Receiving Party to 22 whom disclosure is reasonably necessary for this litigation and who have signed or have agreed 23 under oath and on the record to be bound by the “Agreement to Be Bound by Protective Order” 24 (Exhibit A); 25 c. Experts of the Receiving Party to whom disclosure is reasonably 26 necessary for this litigation and who have signed or have agreed under oath and on the record to 27 be bound by the “Agreement to Be Bound by Protective Order” (Exhibit A); 28 d. The Court and its personnel; Page 6 of 12 M&A:05166-711 2287668_1 8/13/2014 12:17 PM Case 2:13-cv-01095-GMN-GWF Document 24 Filed 08/13/14 Page 7 of 12 1 2 e. Court reporters, their staffs, and Professional Vendors to whom disclosure is reasonably necessary for this litigation; 3 f. During their depositions or at trial, witnesses in the action to whom 4 disclosure is reasonably necessary. Witnesses will not be permitted to retain copies of Protected 5 Material unless they have signed or agreed under oath and on the record to be bound by the 6 “Agreement to Be Bound by Protective Order” (Exhibit A). Upon request of a Designating 7 Party, pages of transcribed deposition testimony or exhibits to depositions that reveal Protected 8 Material must be separately bound by the court reporter and may not be disclosed to anyone 9 except as permitted under this Protective Order; and g. 10 information and recipients or addressees in the normal course of business. 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 11 13 14 Notwithstanding the preceding of this paragraph VI(2), a Party that has produced its, his or her own Protected Material may disclose such Protected Material to any persons, with or without any conditions placed upon such disclosure, as the Party deems appropriate. 15 16 17 18 19 3. 22 23 24 Trial and Dispositive Motion Disclosure: For the purpose of trial and/or dispositive motions, the parties acknowledge that a “strong presumption in favor of access” exists. A party seeking to seal a judicial record at trial and/or the dispositive motions stage bears the burden of establishing “compelling reasons” by “articulating compelling reasons supported by specific factual findings,” that outweigh the public policies favoring disclosure.1 20 21 The author of the document or the original source of the 4. Disclosure of Possession of Confidential Information. All persons described in paragraph VI above shall not under any circumstances sell, offer for sale, advertise, or publicize either the Confidential Information or the fact that such persons have obtained Confidential Information. VII. 25 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 26 If a Receiving Party is served with a subpoena or an order issued in other litigation that 27 1 28 See Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006). Page 7 of 12 M&A:05166-711 2287668_1 8/13/2014 12:17 PM Case 2:13-cv-01095-GMN-GWF Document 24 Filed 08/13/14 Page 8 of 12 the Receiving Party must so notify the Designating Party, in writing (by fax or email if possible) 3 immediately and in no event more than seven (7) calendar days after receiving the subpoena or 4 order. Such notification must include a copy of the subpoena or court order. The Receiving 5 Party also must within ten (10) calendar days inform in writing the party who caused the 6 subpoena or order to issue in the other litigation that some or all the material covered by the 7 subpoena or order is the subject of this Protective Order and deliver to such party a copy of this 8 Protective Order. The Designating Party shall bear the burdens and the expenses of seeking 9 protection in that court of its Confidential material – and nothing in these provisions should be 10 construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful 11 directive from another court. Once notice is given, and five business days have elapsed, the 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 would compel disclosure of any information or items designated in this action as “Confidential” 2 MARQUIS AURBACH COFFING 1 receiving party shall have no further liability for disclosure pursuant to a subpoena or its 13 equivalent. 14 VIII. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 16 Material to any person or in any circumstance not authorized under this Protective Order, the 17 Receiving Party must immediately and within not more than seven (7) calendar days: (a) notify 18 in writing (using best efforts to use email or fax) the Designating Party of the unauthorized 19 disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) inform the 20 person or persons to whom unauthorized disclosures were made of all the terms of the Protective 21 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement 22 to Be Bound” (Exhibit A). The Receiving Party shall promptly notify the Designating Party of 23 the results of its efforts with regards to (b), (c), and (d) herein. After a good faith meet and 24 confer effort to resolve and remaining disputes concerning compliance with this paragraph, and 25 Party, Receiving Party or Designating Party may seek relief from this Court for non-compliance 26 with this provision. Said relief may include, but is not limited to, preclusion of the Receiving 27 Party’s use in this litigation of the Protected Material that was disclosed contrary to this 28 Protective Order, or any other sanction deemed appropriate by the Court. Page 8 of 12 M&A:05166-711 2287668_1 8/13/2014 12:17 PM Case 2:13-cv-01095-GMN-GWF Document 24 Filed 08/13/14 Page 9 of 12 1 IX. PUBLICLY AVAILABLE OR PREVIOUSLY POSSESSED INFORMATION 2 The restrictions in the preceding paragraphs regarding disclosure or Protected Material do 3 not and shall not apply to information or material that: was, is, or becomes public knowledge in a 4 manner other than by violation of the Protective Order, is acquired by the non-designating party 5 from a third-party having the right to disclose such information or material; or was lawfully 6 possessed by the non-designating party before the date of this Protective Order. The Designating 7 Party shall act in good faith to notify the Receiving Party of any change in circumstances that 8 renders Confidential Information or Items no longer Confidential within a reasonable time period 9 after the change becomes known to the Designating Party. 10 X. FILING PROTECTED MATERIAL With respect to non-dispositive motions and pleadings, Protected Material or information 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 11 derived therefrom is included with, or the contents of such a document are disclosed in, any 13 documents filed with the Clerk or this Court or any other court, the filing Party shall file said 14 document under seal. Unless otherwise agreed by the Parties to permit service by some other 15 means such as by email or facsimile, copies of any pleading, brief or other document containing 16 Protected Material that is served on opposing counsel shall be delivered in a sealed envelope 17 stamped: 18 CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 19 and shall be treated in accordance with the provisions of this Protective Order. Subject to the 20 Court’s convenience and needs, all material files in this fashion will be kept under seal by the 21 Clerk until further order from the Court. 22 XI. FINAL DISPOSITION 23 Unless otherwise ordered or agreed in writing by the Producing Party, within sixty (60) 24 calendar days of a written request, after the final termination of this action, each Receiving Party 25 must return all Protected Material to the Producing Party. As used in this subdivision, “all 26 Protected Material” includes all copies, abstracts, compilations, summaries or any other form of 27 reproducing or capturing any of the Protected Material. With permission in writing from the 28 Designating Party, the Receiving Party may destroy some or all of the Protected Material instead Page 9 of 12 M&A:05166-711 2287668_1 8/13/2014 12:17 PM Case 2:13-cv-01095-GMN-GWF Document 24 Filed 08/13/14 Page 10 of 12 must submit a written certification to the Producing Party (and, if not the same person or entity, 3 to the Designating Party) by the thirty (30) calendar day deadline that identifies (by category, 4 where appropriate) all the Protected Material that was returned or destroyed and that affirms that 5 the Receiving Party has not retained any copies, abstracts, compilations, summaries or other 6 forms of reproducing or capturing any of the Protected Material. Notwithstanding this provision, 7 Counsel are entitled to retain an archival copy of all pleadings, motion papers, transcripts, legal 8 memoranda, correspondence or attorney work product, even if such materials contain Protected 9 Material. Any such archival copies that contain or constitute Protected Material remain subject 10 to this Protective Order as set forth herein. In the event of an appeal, “Final Disposition” shall 11 not occur until the conclusion of all appeals. 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 of returning it. Whether the Protected Material is returned or destroyed, the Receiving Party 2 MARQUIS AURBACH COFFING 1 XII. 13 14 15 ADDITIONAL PROVISIONS 1. Modification. The Parties may modify this Protective Order by written agreement, subject to approval by the Court. The Court may modify this Protective Order. 2. Right to Assert Other Objections. This Protective Order does not affect or waive 16 any right that any Party otherwise would have to object to disclosing or producing any 17 information or item on any ground not addressed in this Protective Order. Similarly, this 18 Protective Order does not affect or waive any Party’s right to object on any ground to use in 19 evidence any of the material covered by this Protective Order. 20 3. Privileges Not Waived. This Protective Order does not affect or waive any 21 applicable privilege or work product protection, or affect the ability of a Producing Party to seek 22 relief for an inadvertent disclosure of material protected by privilege or work product protection. 23 4. Third Party Protections. Any witness or other person, firm, or entity from which 24 discovery is sought may be informed of and may obtain the protection of this Protective Order by 25 written notice to the Parties’ respective counsel or by oral notice at the time of any deposition or 26 similar proceeding. 27 28 5. Obligations to Third Parties. Nothing herein shall operate to relieve any Party or non-party from any pre-existing confidentiality obligations currently owed by any Party or nonPage 10 of 12 M&A:05166-711 2287668_1 8/13/2014 12:17 PM Case 2:13-cv-01095-GMN-GWF Document 24 Filed 08/13/14 Page 11 of 12 1 2 party to any other Party or non-party. 6. Retention of Completed “Acknowledgment and Agreement to Be Bound” Forms 3 (Exhibit A). Completed “Acknowledgement and Agreement to Be Bound” Forms (Exhibit A) 4 (“form”) shall be maintained by the Party that obtained the completed form pursuant to this 5 Protective Order. The Party retaining the completed form shall produce the form to resolve any 6 good faith challenge by a Party or Designating Party or dispute concerning whether a person who 7 is obligated under this Protective Order to complete the form did so properly and complied with 8 the representations in the form and this Protective Order. If the parties are unable to resolve any 9 such disputes or challenges through a good faith meet and confer process, the challenging Party 10 or Designating Party may seek appropriate relief from this Court. IT IS SO STIPULATED this 13th day of August, 2014. 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 11 MARQUIS AURBACH COFFING POTTER LAW OFFICES By: By: 13 14 15 16 /s/Craig R. Anderson Craig R. Anderson, Esq. Nevada Bar No. 6882 10001 Park Run Drive Las Vegas, Nevada 89145 Attorneys for Defendants 17 /s/C.J. Potter, IV Cal J. Potter, III, Esq. Nevada Bar No. 1988 C.J. Potter, IV, Esq. Nevada Bar No. 13225 1125 Shadow Lane Las Vegas, Nevada 89102 Attorney for Plaintiff 18 IT IS SO ORDERED THIS __ day of August, 2014. 14th day of August, 2014. 19 20 21 22 United States Magistrate GEORGE FOLEY, JR.Judge United States Magistrate Judge 23 24 25 26 27 28 Page 11 of 12 M&A:05166-711 2287668_1 8/13/2014 12:17 PM Case 2:13-cv-01095-GMN-GWF Document 24 Filed 08/13/14 Page 12 of 12 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, _____________, have read in its entirety and understand the Protective Order that was 4 issued by the United States District Court, for the District of Nevada on ______________, 2014, 5 in the case of Gordon v. LVMPD, et al., Case No. 2:13-cv-01095-GMN-GWF. I agree to comply 6 with and to be bound by all terms of this Protective Order and I understand and acknowledge that 7 failure to so comply could expose me to sanctions and punishment in the nature of contempt. I 8 solemnly promise that I will not disclose in any manner any information or item that is subject to 9 this Protective Order that any person entity except in strict compliance with the provisions of this 10 Order. Further, I solemnly promise that I will not offer to sell, advertise or publicize that I have 11 obtained any Protected Material subject to this Protective Order. 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 3 At the conclusion of this matter, I will return all Protected Material which came into my 13 possession to counsel for the party from whom I received the Protected Material, or I will 14 destroy those materials. I understand that any Confidential Information contained within any 15 summaries of Protected Material shall remain protected pursuant to the terms of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court, for the 17 District of Nevada for the purpose of enforcing the terms of this Protective Order, even if such 18 enforcement proceedings occur after termination of this action. 19 I certify under the penalty of perjury that the foregoing is true and correct. 20 Date: ____________________ 21 City and State where signed: __________________________________________ 22 Printed name: _______________________________ 23 Address: ___________________________________________________________ 24 Signature: __________________________________ 25 26 27 28 Page 12 of 12 M&A:05166-711 2287668_1 8/13/2014 12:17 PM