Velazquez v. Goodyear Tire & Rubber Company et al, No. 2:2013cv01287 - Document 21 (D. Nev. 2013)
Court Description: PROTECTIVE ORDER Granting 18 Stipulated Confidentiality Agreement and Protective Order. Signed by Magistrate Judge Peggy A. Leen on 09/27/2013. (Copies have been distributed pursuant to the NEF - AC)
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Velazquez v. Goodyear Tire & Rubber Company et al Doc. 21 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 1 of 16 1 2 3 4 Timothy R. Mulliner, Esq. Nevada Bar No. 10692 BALLARD SPAHR LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106 Telephone: 702.471.7000 Facsimile: 702.471.7070 E-mail: mullinert@ballardspahr.com 5 6 Attorneys for Defendant The Goodyear Tire & Rubber Co. 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 ARMANDO VELAZQUEZ, on behalf of himself and LUIS VELAZQUEZ and MAURICIO VELAZQUEZ, minors, the heirs of VERONICA ABAD-TREJO, deceased, 12 Plaintiffs, 13 Case No.: 2:13-cv-01287-GMN-(PAL) STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER v. 14 15 16 LAURA IVON PAJAR; HECTOR PAJARMORALES; GOODYEAR TIRE & RUBBER CORPORATION, an Ohio corporation; DOES I through V; and ROE BUSINESS ENTITIES I through XV inclusive, 17 Defendants. 18 19 Discovery requests have been made calling for a party to produce documents and 20 information the party believes to be proprietary and confidential. Additional requests for such 21 proprietary and confidential information are likely to be made. Thus, in the interest of ensuring an 22 efficient and prompt resolution of the above-captioned case (the “Litigation”) and of protecting 23 Confidential Information (defined below) from improper disclosure, the undersigned hereby 24 stipulate, subject to approval and entry by the Court, to the following Confidentiality Agreement 25 and Protective Order (the “Protective Order”) to govern the handling of discovery materials in the 26 Litigation: 27 /// 28 /// DMWEST #10145455 v1 Dockets.Justia.com Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 2 of 16 1 1. Applicability of Order. This Order will govern the handling of documents, 2 depositions, deposition exhibits, interrogatory responses, responses to requests for admissions, 3 responses to requests for production of documents, and all other discovery obtained pursuant to 4 the Federal Rules of Civil Procedure or which is voluntarily produced without regard to the use of 5 the Federal Rules of Civil Procedure by or from any party, person, or entity in connection with the 6 Litigation (this information hereinafter referred to as “Discovery Material”). As used herein, 7 “Producing Party” or “Disclosing Party” shall refer to the parties to this action that give testimony 8 or produce documents or other information, and “Receiving Party” shall refer to the parties to this 9 action that receive such information. This Order does not govern trial proceedings in this 10 Litigation. Nothing in this Order will prevent counsel from using Confidential Information in 11 connection with any work product created by or on behalf of that counsel. However, work product 12 containing Confidential Information will remain as Confidential Information that may not be 13 shared with any entity or person except as otherwise provided in this Order. 14 2. Designation of Material. Any Producing Party may designate Discovery Material 15 that is in their possession, custody, or control to be produced to a Receiving Party as 16 “Confidential” under the terms of this Order if the Producing Party in good faith reasonably 17 believes that such Discovery Material contains non-public, Confidential Information as defined in 18 paragraph 4, below. 19 3. Exercise of Restraint and Care in Designating Material for Protection. Each party 20 or non-party that designates information or items for protection under this Order must take care to 21 limit any such designation to specific material that qualifies under the appropriate standards. 22 4. Confidential Information. For purposes of this Order, Confidential Information is 23 any information that a party believes in good faith to be confidential information, including trade 24 secrets, research, design, development, financial, technical, marketing, planning, personal, or 25 commercial information, as such terms are used in all applicable Federal Rules of Civil Procedure. 26 To the extent that any party believes that another country’s law or procedural rule provides 27 applicable protections for Confidential Information that vary from the Federal Rules of Civil 28 2 of 16 DMWEST #10145455 v1 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 3 of 16 1 Procedure, such party will provide notice of that other country’s law or procedural rule and of its 2 applicability to documents that are not otherwise protected by United States law or procedure. 3 Each party reserves its right to assert or contest the applicability of such foreign law. 4 5. Confidential Information – Heightened Protection. For purposes of this Order, 5 Confidential Information requiring Heightened Protection is Confidential Information that a party 6 believes in good faith requires further restrictions, consistent with the Federal Rules of Civil 7 Procedure. 8 9 10 11 6. Designating Confidential Information. The designation of Discovery Material as Confidential Information for purposes of this Order shall be made in the following manner: a. Documents. In the case of documents or other materials (apart from depositions or other pre-trial testimony), designation shall be made by unobtrusively affixing the legend 12 “CONFIDENTIAL – THIS DOCUMENT PRODUCED UNDER COURT ORDER 13 FOR USE IN Velazquez v. The Goodyear Tire & Rubber Co., UNITED STATES DISTRICT 14 COURT, DISTRICT OF NEVADA, Case No. 2:13-cv-01287-GMN-(PAL), AND SHALL 15 NOT BE USED FOR ANY OTHER PURPOSE WHATSOEVER” 16 or 17 “CONFIDENTIAL – HEIGHTENED PROTECTION – THIS DOCUMENT 18 PRODUCED UNDER COURT ORDER FOR USE IN Velazquez v. The Goodyear Tire & 19 Rubber Co., UNITED STATES DISTRICT COURT, DISTRICT OF NEVADA, Case No. 20 2:13-cv-01287-GMN-(PAL), AND SHALL NOT BE USED FOR ANY OTHER PURPOSE 21 WHATSOEVER” 22 to each page containing any Confidential Information. The Receiving Party shall exercise 23 good faith efforts to ensure that copies it makes of Discovery Material produced to it, and copies 24 made by others who obtained such Discovery Material directly or indirectly from the Receiving 25 Party, include the appropriate confidentiality legend, to the same extent that the Discovery 26 Material has been marked with the appropriate confidentiality legend by the Producing Party. All 27 parties recognize that native format documents cannot be so marked, and thus, to the extent that 28 3 of 16 DMWEST #10145455 v1 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 4 of 16 1 native format documents are produced, the producing party will make reasonable provision for 2 marking native format documents in connection with the transmission or retention of such 3 documents on office systems. 4 b. Depositions and Other Proceedings. In the case of depositions or other pre-trial 5 testimony, designation of the portion(s) of the transcript (including exhibits) that contains 6 Confidential Material shall be made (i) by a statement to such effect on the record during the 7 proceeding in which the testimony is received, or (ii) by written notice served on counsel of record 8 in this Litigation within thirty (30) business days after the receipt of the transcript of such 9 proceeding. However, before such thirty (30) day period expires, all testimony, exhibits and 10 transcripts of depositions or other testimony shall be available only to those persons described in 11 paragraph 9(a)-(b). 12 c. Non-Written Materials. Any electronic, visual, or other Confidential Information 13 not on paper shall be designated as identified in Paragraph 6(a) on the exterior surface of the 14 container or object that contains the electronic, visual or other non-paper Confidential Information. 15 In addition, the Disclosing Party shall use its best efforts to affix the legend described in Paragraph 16 6(a) to any electronic, visual, or other medium so that the legend is visible while the medium is 17 being viewed. All parties recognize that native format documents cannot be so marked and to the 18 extent that native format documents are produced, the producing party will make reasonable 19 provision for marking native format documents in connection with transmission or retention of 20 such documents on office systems. 21 d. In the event that a Receiving Party generates any copy or excerpt of such 22 electronic, visual or other medium, whether in the same or another format, the person who 23 generates such copy shall place the same confidential designation identified in Paragraph 6(a) on 24 the copy or excerpt. 25 7. Inadvertent Disclosure. The inadvertent failure to designate Discovery Material as 26 Confidential does not constitute a waiver of such claim and may be remedied by providing the 27 other party with supplemental written notice within 10 days upon discovery of the inadvertent 28 4 of 16 DMWEST #10145455 v1 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 5 of 16 1 disclosure, with the effect that such Discovery Material will be subject to the protections of this 2 Order. 3 8. Notes of Confidential Information. Any notes, lists, memoranda, work product, 4 indices or compilations prepared or based on an examination of Confidential Information that 5 quote from or paraphrase Confidential Information with such specificity that the Confidential 6 Information can be identified, or by reasonable logical extension can be identified, shall be 7 accorded the same status of confidentiality as the underlying Confidential Information from which 8 they are made and shall be subject to all of the terms of this Protective Order. 9 9. Notice to Non-Parties. Any party issuing a subpoena to a non-party shall enclose a 10 copy of this Protective Order with a request that, within ten (10) calendar days, the non-party 11 either request the protection of this Protective Order or notify the issuing party that the non-party 12 does not need the protection of this Protective Order or wishes to seek different protection. 13 10. Persons Authorized to Receive Confidential Information. Discovery Material 14 designated “CONFIDENTIAL” as identified in Paragraph 6(a), or documents derived from such 15 material, may be disclosed, summarized, described, characterized, or otherwise communicated or 16 made available, in whole or in part, only to the following persons: 17 a. The Court, persons employed by the Court who are necessary for the handling of 18 the Litigation, and court reporters transcribing the testimony or argument at a hearing, trial, or 19 deposition in this Litigation or any appeal therefrom; 20 21 22 b. Counsel of record in this Litigation, as well as paralegals and technical, administrative, and clerical employees working under the direct supervision of such counsel; c. Experts or consultants assisting any counsel of record in this Litigation, provided 23 that such experts and consultants have signed “Agreement Concerning Information Covered by 24 Protective Order” attached hereto as Exhibit A (hereinafter “Agreement”); 25 26 27 d. Individual named as plaintiffs who have a need to know such information for purposes of this Litigation; e. Officers, directors, or employees of parties who have a need to know such 28 5 of 16 DMWEST #10145455 v1 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 6 of 16 1 information for purposes of this Litigation and who have been designated as witnesses pursuant to 2 Rule 30(b)(6) of the Federal Rules of Civil Procedure; 3 f. Graphics, translation, or design services retained by counsel of record in this 4 Litigation for purposes of this Litigation, provided that the providers of such services have signed 5 the Agreement. 6 additionally confirm that they have advised the relevant employees of their confidentiality 7 obligations in this Order and have taken reasonable steps to ensure that such employees comply 8 with this Order; 9 g. A signature by an authorized representative of the company who must Commercial copy and/or electronic discovery-related vendors retained by counsel 10 of record in this action for purposes of this Litigation provided that such vendors have signed the 11 Agreement. 12 confirm that they have advised the relevant employees of the confidentiality obligations in this 13 Order and have taken reasonable steps to ensure that such employees comply with this Order; 14 h. A signature by an authorized representative of the company must additionally During their depositions, witnesses in the Litigation who are shown properly 15 marked Confidential Information shall be advised that the Court Order in this Litigation requires 16 them to maintain the confidentiality of such information. In the event that the attorney for the 17 party showing such marked Confidential Information fails to advise the witness of this obligation, 18 a counsel for another party may immediately advise the witness of the Order and the obligations 19 imposed on the witness; 20 i. Any person indicated by a document marked as Confidential Information to be an 21 author, addressee, or copy recipient of the Confidential Information, or as to whom there has been 22 testimony, whether at deposition or trial, or by declaration or affidavit, that the person was the 23 author or recipient of the Confidential Information; and 24 25 26 27 j. Any other person who has signed the Agreement and only upon: (1) stipulation of the Producing Party or (2) order of the Court. 11. Persons Authorized to Receive Confidential Information – Heightened Protection. Discovery Material designated “CONFIDENTIAL – HEIGHTENED PROTECTION” as 28 6 of 16 DMWEST #10145455 v1 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 7 of 16 1 identified in Paragraph 6(a), or documents derived from such material, may be disclosed, 2 summarized, described, characterized, or otherwise communicated or made available, in whole or 3 in part, only to the following persons: 4 a. The Court, persons employed by the Court who are necessary for the handling of 5 the Litigation, and court reporters transcribing testimony or argument at a hearing, trial, or 6 deposition in this Litigation or any appeal therefrom; 7 8 9 10 11 b. Counsel of record in this Litigation, as well as paralegals and technical, administrative, and clerical employees working under the direct supervision of such counsel; c. Experts or consultants assisting any counsel of record in this Litigation, provided such experts and consultants have signed the Agreement; d. During their depositions, witnesses in the Litigation who are shown properly 12 marked Confidential - Heightened Protection Information shall be advised that the Court Order in 13 this Litigation requires them to maintain the confidentiality of such information. In the event that 14 the attorney for the party showing such marked Confidential – Heightened Protection Information 15 fails to advise the witness of this obligation, a counsel for another party may immediately advise 16 the witness of the Order and the obligations imposed on the witness; 17 e. Any person indicated by a document marked as Confidential – Heightened 18 Protection Information to be an author, addressee, or copy recipient of the Confidential – 19 Heightened Protection Information, or as to whom there has been testimony, whether at deposition 20 or trial, or by declaration or affidavit, that the person was the author or recipient of the 21 Confidential Information; 22 23 24 f. Any other person who has signed the Agreement and only upon: (1) stipulation of the Producing Party or (2) order of the Court. 12. Use of Discovery Material. Discovery Material containing Confidential 25 Information shall be used solely for purposes of the Litigation, including any appeal and retrial. 26 Any person or entity in possession of Discovery Material designated Confidential shall maintain 27 those materials in accordance with this Order. 28 7 of 16 DMWEST #10145455 v1 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 8 of 16 1 13. Storage of Confidential Information. The recipient of any Confidential Information 2 that is provided under this Protective Order shall use his/her/its best efforts to maintain such 3 information in a reasonably secure and safe manner that ensures that access is limited to the 4 persons authorized under this Order. 5 14. Filing of Confidential Material. Without written permission from the Producing 6 Party or a court order, a party may not file any Confidential Material in the public record in this 7 Litigation. 8 Confidential Information under seal. Additionally, within seven (7) days from the date that the 9 papers (or portions thereof) were filed under seal consistent with the above procedures, the party 10 who filed the papers under seal also shall file in the public record a version of the papers that has 11 been redacted to omit the Confidential Information (or any references thereto). 12 15. The parties shall comply with the applicable Local Rules when seeking to file Challenging Designation of Materials. A party shall not be obligated to challenge 13 the propriety of a Confidential Information designation at the time it is made, and failure to do so 14 shall not preclude a subsequent challenge thereto during the pendency of this Litigation. 15 a. Challenge. The Receiving Party may challenge the propriety of a Confidential 16 Information designation by providing to the Producing Party a writing which briefly: (i) identifies 17 with reasonable particularity the documents and/or information that are the subject of the 18 challenge; and (ii) describes the basic legal or factual grounds for the challenge. 19 b. Meet-and-Confer and Motion. Once a challenge is made, the parties shall meet- 20 and-confer regarding the appropriateness of the designation. Thereafter, either party may move for 21 an appropriate order either (i) to confirm the confidentiality of the information or (ii) to seek to 22 have that designation removed and the Discovery Material produced or generated without the 23 confidentiality legend described in Paragraph 5(a). Regardless of which party files a motion, the 24 burden of proof and the burden of persuasion in such motion remains with the designating party. 25 c. Status of Challenged Designation Pending Judicial Determination. Until the Court 26 enters this Protective Order or rules on any challenge to a Confidential Information designation 27 made under this section, all parties shall continue to afford the material in question the level of 28 8 of 16 DMWEST #10145455 v1 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 9 of 16 1 2 protection to which it is entitled under the Producing Party’s designation. 16. No Waiver of Privilege. Disclosure (including production) of information that a 3 Party or non-party later claims should not have been disclosed because of a privilege, including, 4 but not limited to, the attorney-client privilege or work product doctrine (“Privileged 5 Information”), shall not constitute a waiver of, or estoppel as to, any claim of attorney-client 6 privilege, attorney work-product, or other ground for withholding production as to which the 7 Producing Party would be entitled in the litigation or any other federal or state proceeding. This 8 Order is intended to provide the full protection afforded by Federal Rule of Evidence 502(d), 9 providing: “A Federal court may order that the privilege or protection is not waived by disclosure 10 connected with the litigation pending before the court - in which event the disclosure also is not a 11 waiver in any other Federal or State proceeding.” Upon discovery by a Producing Party (or upon 12 receipt of notice from another party) that it did or may have produced Privileged Information, the 13 Producing Party shall, within ten (10) days of such discovery, request the return of such 14 information in writing by identifying the Privileged Information and stating the basis on which the 15 Privileged Information should be withheld from production. After being notified, all Receiving 16 Parties must promptly sequester the Privileged Information and any copies they have; must not use 17 or disclose the information until the claim is resolved; and must take reasonable steps to retrieve 18 the Privileged Information if they disclosed the Privileged Information before being notified. If no 19 objection is made to the Producing Party’s privilege claim, then within twenty (20) days, all 20 Receiving Parties shall destroy the original and all copies of the designated Privileged 21 Information. All Receiving Parties shall promptly certify the destruction to the Producing Party in 22 writing. If any Party disputes the privilege claim (“Objecting Party”), that Objecting Party shall 23 notify the Producing Party and all other parties to the action of the dispute and the basis therefore 24 in writing within twenty (20) days of receipt of the request for the return of the Privileged 25 Information. The Parties thereafter shall meet and confer in good faith regarding the disputed 26 claim within fourteen (14) days. In the event that the Parties do not resolve their dispute, either 27 Party may bring a motion for a determination of whether a privilege applies. If such a motion is 28 9 of 16 DMWEST #10145455 v1 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 10 of 16 1 made, the moving party shall submit to the Court, under seal and for in camera review, a copy of 2 the disputed information in connection with its motion papers. This in camera submission to the 3 Court shall not constitute a waiver of any privilege or protection. The Producing Party must 4 preserve the information claimed to be privileged or otherwise protected until the claim is 5 resolved. If the Court upholds the privilege, all Receiving Parties must promptly destroy the 6 original, all copies and must promptly certify the destruction in writing to the Producing Party. 7 Except as expressly set forth herein, nothing in this provision shall limit the bases on which the 8 Objecting Party may challenge the assertion of any privilege or protection by the Producing Party. 9 In addition, nothing in this provision shall permit the Producing Party to seek to withhold or take 10 back a previously-produced document in this Litigation, if that document was the subject of 11 deposition testimony in this Litigation and the Producing Party did not provide notice, as 12 described above, within twenty (20) days after the deposition, that the document was privileged or 13 protected and should be returned. 14 17. Additional Parties or Attorneys. In the event that additional parties join or 15 intervene in this action, the newly joined parties shall not have access to Confidential Information 16 until counsel for each such party has executed the Agreement and agrees to be fully bound by this 17 Order. If any additional attorneys make appearances in this Litigation, those attorneys shall not 18 have access to Confidential Information until they execute the Agreement. 19 18. Protective Order Remains In Force. This Protective Order shall remain in force 20 and effect until modified, superseded, or terminated by consent of the parties or by order of the 21 Court made upon reasonable written notice. Unless otherwise ordered or agreed upon by the 22 parties, this Protective Order shall survive the termination of this action. The Court retains 23 jurisdiction even after termination of this action to enforce this Protective Order and to make such 24 amendments, modifications, deletions, and/or additions to this Protective Order as the Court may 25 from time-to-time deem appropriate. 26 27 19. No Prejudice For Further Relief. This Protective Order is without prejudice to the right of any party to seek other or further relief from the Court. 28 10 of 16 DMWEST #10145455 v1 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 11 of 16 1 20. No Waiver of Grounds For Producing Material. This Protective Order shall not be 2 construed as waiving any right to assert a claim of privilege, relevance, overbreadth, undue 3 burden, or other grounds for not producing material called for, and access to such material shall be 4 only as otherwise provided by the discovery rules and other applicable laws. 5 21. Conclusion of Litigation. Within thirty (30) days after receiving notice of the entry 6 of an order, judgment, or decree finally disposing of this Litigation with no further right of appeal 7 by any person or entity, persons having received Confidential Information shall either return such 8 material, including any notes of Confidential Information as set forth in Paragraph 8 (above), and 9 all copies thereof, to counsel for the Producing Party, or shall destroy all such Confidential 10 Information and, in either case, shall certify that fact to counsel for the Producing Party. Counsel 11 of record shall make arrangements for the return of Confidential Material that counsel of record 12 provided to any persons or entities in Paragraphs 10 or 11 (above), except the Court, court 13 personnel, and court reporters. Within this thirty (30) day period, Count shall also serve on 14 counsel for the Producing Party copies of all signed Agreements obtained in accordance with any 15 disclosure or provision of Confidential Information made pursuant to Paragraphs 10 or 11 (above). 16 Counsel of record for the parties shall be entitled to retain court papers, depositions, and trial 17 transcripts, provided that retained materials will continue to be covered by this Protective Order. 18 All material returned to the parties or their counsel by the Court shall likewise be disposed of in 19 accordance with this paragraph. A Producing Party may, at any time following the conclusion of 20 this Litigation, advise a Receiving Party of its obligations under this paragraph and the Receiving 21 Party shall either return the Confidential Information or certify its destruction within the 30 days 22 provided above in this paragraph. 23 22. No Loss of Confidential Status by Use in Litigation or Appeal. In the event that 24 any Confidential Information is used in any court proceeding in this Litigation or any appeal 25 therefrom, such Confidential Information shall not lose its status as Confidential through such use. 26 Counsel shall comply with all applicable local rules and shall confer on such procedures that are 27 necessary to protect the confidentiality of any documents, information, and transcripts used in the 28 11 of 16 DMWEST #10145455 v1 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 12 of 16 1 2 course of any court proceedings, including petitioning the Court to close the courtroom. 23. Protected Material Subpoenaed or Ordered Produced in Other Actions. If any 3 Receiving Party or any person receiving documents through a Receiving Party is served with a 4 subpoena, order, interrogatory, document or civil investigative demand, or any other legal demand 5 (collectively, a “Demand”) issued in any other action, investigation, or proceeding, and such 6 Demand seeks Discovery Material that was produced or designated as Confidential Information by 7 someone other than the Receiving Party, the Receiving Party shall give prompt written notice by 8 hand, overnight courier, email, or facsimile transmission within seven (7) business days of receipt 9 of such Demand to the person, party, or third party who produced or designated the material as 10 Confidential Information, and shall object to the production of such materials on the grounds of 11 the existence of this Order. The burden of opposing the enforcement of the Demand shall fall 12 upon the Producing Party. 13 24. Advice Based on Discovery Material Allowed. Nothing in this Protective Order 14 shall bar or otherwise restrict any attorney from rendering advice to his client with respect to this 15 Litigation and, in the course of rendering advice, referring to or relying generally on the 16 examination of Confidential Information. 17 25. Redaction Allowed. Any Producing Party may redact from the documents and 18 things it produced any information, text, or other matter that the Producing Party claims is subject 19 to attorney-client privilege, work product immunity, a legal prohibition against disclosure, private 20 or personal information as defined in Paragraph 4. The Producing Party shall mark each thing 21 where matter has been redacted with a legend stating, “REDACTED,” or a comparable notice. 22 Where a document consists of more than one page, at least each page on which information has 23 been redacted shall be so marked. The Producing Party shall preserve an unredacted version of 24 each such document and will produce a redaction log stating the nature of the material redacted 25 and the basis for redaction no later than forty-five (45) days following the production of the 26 document(s) containing redacted material. The privilege and redaction logs are to be produced in 27 electronic and searchable format. 28 12 of 16 DMWEST #10145455 v1 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 13 of 16 1 26. Violations of Protective Order. In the event that any person or party should violate 2 the terms of this Protective Order, or threatens to do so, the aggrieved Disclosing Party may apply 3 to the Court for relief against any such person or party violating or threatening to violate any of the 4 terms of this Protective Order. In the event that the aggrieved Disclosing Party seeks injunctive 5 relief, it must apply to or move before the Judge issuing this Order. In the event that the issuing 6 Judge is not available to hear such application or motion, the matter may be heard by another 7 Judge of the United States District Court, District of Nevada. The parties and any other person 8 subject to the terms of this Protective Order agree that this Court shall retain jurisdiction over it 9 and them for the purpose of enforcing this Protective Order. 10 27. Right to Seek Modification. The parties reserve the right to apply to the Court for 11 an order modifying this Order or seeking further protections against discovery or other use of 12 Confidential Information. Any protected third party requiring further confidentiality protection 13 than is provided by this Order may petition the Court for a separate order governing disclosure of 14 its Confidential Information. 15 [Remainder of the Page Intentionally Left Blank] 16 17 18 19 20 21 22 23 24 25 26 27 28 13 of 16 DMWEST #10145455 v1 1 2 28. Headings. The headings herein are provided only for the convenience of the parties and are not intended to define or limit the scope of the express terms of this Protective Order. 3 Dated: September ___, 2013 4 5 6 7 8 9 /s/ Timothy R. Mulliner Timothy R. Mulliner Ballard Spahr LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106 /s/ Siria L. Gutiérrez Siria L. Gutiérrez Phillips Spallas & Angstadt 504 South Ninth Street Las Vegas, Nevada 89101 Attorneys for Defendant The Goodyear Tire & Rubber Company Attorneys for Defendant Wal-Mart Stores, Inc. 10 11 12 13 14 15 /s/ David Cutt David Cutt Eisenberg, Gilchrist & Cutt 215 South State Street, Suite 900 Salt Lake City, UT 84111 And 17 Thomas W. Askeroth Greenman Goldberg Raby & Martinez 601 South Fourth Street Las Vegas, Nevada 89101 18 Attorneys for Plaintiffs 16 19 20 21 ORDER IT IS SO ORDERED. 22 _____________________________________ UNITED STATES MAGISTRATE JUDGE 23 24 Dated: September 25 26 27 28 14 of 16 DMWEST #10145455 v1 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 15 of 16 1 EXHIBIT A 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 5 6 ARMANDO VELAZQUEZ, on behalf of himself and LUIS VELAZQUEZ and MAURICIO VELAZQUEZ, minors, the heirs of VERONICA ABAD-TREJO, deceased, Plaintiffs, 7 8 9 10 11 12 v. LAURA IVON PAJAR; HECTOR PAJARMORALES; GOODYEAR TIRE & RUBBER CORPORATION, an Ohio corporation; DOES I through V; and ROE BUSINESS ENTITIES I through XV inclusive, Case No.: 2:13-cv-01287-GMN-(PAL) AGREEMENT CONCERNING MATERIAL COVERED BY CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER ENTERED IN THE UNITED STATES DISTRICT COURT, DISTRICT OF NEVADA Defendants. 13 The undersigned states, subject to the penalties for perjury: 14 1. I hereby acknowledge that I have read and understand the terms of the attached 15 Confidentiality Agreement and Protective Order (“Protective Order”) entered in the above- 16 captioned case. I acknowledge and understand that a violation of the Protective Order could be 17 punishable as a contempt of Court. 18 19 20 2. I have been furnished a copy of the Protective Order entered in this case restricting the use of Confidential information. 3. I have received the following documents marked “CONFIDENTIAL – THIS 21 DOCUMENT PRODUCED UNDER COURT ORDER FOR USE IN Velazquez v. The Goodyear 22 Tire & Rubber Co., UNITED STATES DISTRICT COURT, DISTRICT OF NEVADA, Case No. 23 2:13-cv-01287-GMN-(PAL), AND SHALL NOT BE USED FOR ANY OTHER PURPOSE 24 WHATSOEVER.” 25 _________________________________________________________________________ 26 _______________________________________________________________________________ 27 _______________________________________________________________________________ 28 15 of 16 DMWEST #10145455 v1 Case 2:13-cv-01287-GMN-PAL Document 18 Filed 09/19/13 Page 16 of 16 1 _______________________________________________________________________________ 2 _______________________________________________________________________________ 3 4. I have received the following documents marked “CONFIDENTIAL – THIS 4 DOCUMENT PRODUCED UNDER COURT ORDER FOR USE IN Velazquez v. The Goodyear 5 Tire & Rubber Co., UNITED STATES DISTRICT COURT, DISTRICT OF NEVADA, Case No. 6 2:13-cv-01287-GMN-(PAL), AND SHALL NOT BE USED FOR ANY OTHER PURPOSE 7 WHATSOEVER.” 8 _________________________________________________________________________ 9 _______________________________________________________________________________ 10 _______________________________________________________________________________ 11 _______________________________________________________________________________ 12 _______________________________________________________________________________ 13 14 15 5. I promise to abide by the Protective Order with respect to Confidential documents and information furnished to me in this litigation. 6. As a condition to receipt of documents marked Confidential in this litigation, I 16 consent to personal jurisdiction over me in the United States District Court, District of Nevada, 17 solely for the purpose of enforcing the Protective Order. 18 Signed: 19 _______________________________ ___________________________ Print Name ___________________________ Contact Address, Phone Number 20 21 22 23 24 Executed in ________________, __________________, County of ____________________. [City] [State] 25 26 27 28 16 of 16 DMWEST #10145455 v1
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