Edwards v. Clark County et al, No. 2:2013cv01316 - Document 72 (D. Nev. 2015)

Court Description: STIPULATED PROTECTIVE ORDER Granting 71 STIPULATION for Protective Order. Signed by Magistrate Judge Carl W. Hoffman on 3/25/15. (Copies have been distributed pursuant to the NEF - MMM)
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Edwards v. Clark County et al 1 2 3 4 5 6 Doc. 72 ALVERSON, TAYLOR, MORTENSEN & SANDERS SEETAL TEJURA, ESQ. (#008284) 7401 W. Charleston Boulevard Las Vegas, Nevada 89117 (702) 384-7000 efile@alversontaylor.com stejura@alversontaylor.com Attorneys for Defendants DR. RAYMOND MONDORA (named herein as “Dr. Mondora”), and KATRINA SIMEON, R.N. (named herein as “Katrina”) 7 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA >*< 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 8 11 Plaintiff, 12 13 14 15 Case No. 2:13-CV-01316-JAD-CWH RONNIE EDWARDS, STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY vs. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al, Defendants. 16 17 Dr. Raymond Mondora (named herein as “Dr. Mondora”) is a medical provider employed 18 by NaphCare, Inc. (“NaphCare”). NaphCare is the contracted medical, dental and psychiatric 19 provider at the Clark County Detention Center (“CCDC”). Plaintiff is suing Dr. Mondora in his 20 individual and official capacity. Therefore it is anticipated that Dr. Mondora will be required to 21 provide the parties with information and documents that contain information that is confidential, 22 proprietary and sensitive to NaphCare’s business practices, including but not limited to some of 23 NaphCare’s policies that were in place from June to July of 2013 at the CCDC. Specifically, 24 disclosure of this information could resultin harm to NaphCare’s business and practices if -1- 22219-ST sao conf-protect Dockets.Justia.com 1 provided to the general public and obtained by competitors in the business. Further, some of the 2 requested information may pertain or impact security issues at the CCDC, particularly with 3 regard to when and how inmates can and should be moved around the facility. Although this 4 information may be subject to conditional disclosure, it is herein submitted that NaphCare is 5 entitled to the protections described below. 6 1. As used in this Protective Order, the term “confidential information” means any documents, testimony, or other information that is produced from the date of this agreement 8 forward, including: policies and procedures which are used to govern the provision of healthcare 9 services to the inmates at the CCDC and maintaining its business practices, including the 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 7 11 healthcare rendered at the CCDC and has been designated as “CONFIDENTIAL”. 2. The term “disclosure” shall include the dissemination, communication, 12 publication or reproduction of any confidential material or the specific contents of the 13 information contained therein, or the communication of any estimate or other information which 14 facilitates the discovery of confidential information. Should any pleading with the Court require 15 reference or attachment of any confidential information, the parties shall first request leave to file 16 the document under seal, as further defined in Paragraph 11 below. 17 3. As used in this Protective Order, the term “qualified persons” means (i) counsel of 18 record for the parties to the litigation, including office associates, paralegals, and stenographic 19 and clerical employees to whom disclosure is reasonably necessary; (ii) experts retained for the 20 purpose of this litigation to whom disclosure is reasonably necessary and who reviewed and 21 signed a copy of this Stipulation; (iii) parties to this action; and (iv) court personnel, including 22 stenographic reporters engaged in such proceedings as are necessarily incident to this litigation. 23 24 4. Confidential information shall be and remain confidential, and, except as allowed by this Protective Order, may not be disclosed or communicated, nor used for any purpose other -2- 22219-ST sao conf-protect 1 2 than this litigation, including any appeals. 5. Any and all documents containing confidential information must be retained by counsel and/or Plaintiff in Proper Person, and not be disclosed or made available to any person 4 other than a qualified person who has read and acknowledged the terms of this Protective Order. 5 Similarly, the confidential information contained within those documents may not be disclosed 6 to any person other than a qualified person. To the extent reasonably necessary, copies of 7 confidential documents may be provided to experts retained for the purpose of this litigation to 8 whom disclosure is reasonably necessary and who have signed this Stipulation and Protective 9 Order. Nothing in this Protective Order shall in any way affect the admissibility or use at trial of 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 3 11 any of the documents produced under this Protective Order. 6. Any person who is in possession of confidential information, or to whom 12 confidential information is disclosed, is responsible for ensuring that such confidential 13 information is not inadvertently disclosed by him or her. 14 precautions to ensure against such inadvertent disclosure will be viewed by the Court as willful 15 disobedience of this Protective Order, and will be punished accordingly. 16 7. Failure to take all reasonable Counsel or parties receiving confidential information may not disclose that 17 confidential information to any expert without first furnishing to that expert a copy of this 18 Stipulation and Protective Order and obtaining a signed copy of this Stipulation and Protective 19 Order from that expert. 20 8. Any person who executes a copy of this Stipulation and Protective Order submits 21 to the jurisdiction of this Court for purposes of enforcement of this Protective Order, either prior 22 to or following trial of this action. Jurisdiction of this action is to be retained by this Court after 23 final determination for purposes of enabling any party or persons affected by this Protective 24 Order to apply to the Court for such direction or further decree as may be appropriate for the -3- 22219-ST sao conf-protect 1 construction or enforcement of this Protective Order, or for such additional relief as may become 2 appropriate. 3 9. If any party objects to the designation by the disclosing Defendant of a document same to Defense Counsel in writing of the document, pleading, and/or testimony at issue and the 6 reason for the objection. The disclosing Defendant shall thereafter have twenty (20) business 7 days within which to apply to the Court for appropriate protection of the document, pleading, 8 and/or testimony pursuant to the Federal Rules of Civil Procedure. If the disclosing Defendant 9 does not make application within twenty (20) business days after receipt of the written objection 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 or item, pleading, or transcript of testimony as "CONFIDENTIAL", he shall give notice of the 5 ALVERSON, TAYLOR, MORTENSEN & SANDERS 4 of a party (or within the stipulated time period if stipulated to be longer or shorter than twenty 11 (20) days), then the documents, pleadings, and/or testimony at issue shall no longer be deemed 12 "CONFIDENTIAL". However, until expiration of the twenty (20) day time period (longer or 13 shorter if stipulated) or until the Court enters an order changing the designation, whichever is 14 later, the information shall continue to be given the "CONFIDENTIAL" treatment initially 15 assigned to it and provided for in this Order. 16 17 18 10. If any individual is making copies of any confidential information allowed by this agreement, said individual must ensure that the copies are also marked "Confidential." 11. Any person who wishes to file with this Court any document, paper, or other 19 tangible item disclosing confidential material may disclose only those confidential materials that 20 are necessary to support the pleading, motion or other paper to which the confidential document, 21 paper, or other tangible item is attached, and must first attempt to contact counsel for Dr. 22 Mondora and Nurse Katrina in an attempt to reach an Agreement/Stipulation regarding whether 23 filing the document should be under seal. If such contact is not possible, the filing party must 24 -4- 22219-ST sao conf-protect provide said counsel with a description of the contacts attempted and/or the basis for not 2 contacting the undersigned. The parties to this agreement understand that is a “strong 3 presumption in favor of access.” A party seeking to seal a judicial record at trial and/or the 4 dispositive motions stage bears the burden of establishing “compelling reasons” by “articulating 5 compelling reasons supported by specific factual findings,” that outweigh the public policies 6 favoring disclosure. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-79 (9th 7 Cir. 2006). 8 12. 9 Nothing in this Protective Order precludes the deposition examination of any person regarding confidential information of which they have knowledge. In any such 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 1 deposition, the disclosing Defendant may designate specific testimony deemed to be 11 "CONFIDENTIAL" by advising the court reporter of such fact prior to the conclusion of the 12 deposition. The reporter shall mark the face of the transcript "CONTAINS CONFIDENTIAL 13 INFORMATION." All transcripts of said deposition containing confidential information will be 14 treated in accordance with this Protective Order, wherein if any portions of the deposition 15 transcript containing confidential material is to be filed with the Court, Paragraph 11 should be 16 observed. 17 18 19 13. Only qualified persons as defined in Paragraph 3 above may attend deposition examinations in this case, unless all parties agree or their counsel otherwise. 14. The parties taking any deposition shall retain a court reporter who agrees that 20 before transcribing any such testimony, that all testimony containing confidential information is 21 and shall remain confidential and shall not be disclosed except as provided in this Protective 22 Order and that copies of any transcript, reporter's notes, or any other transcription records of any 23 such testimony will be retained in absolute confidentiality and safekeeping by such shorthand 24 reporter or delivered to attorneys of record or filed with the Court. -5- 22219-ST sao conf-protect 1 2 15. If, during trial, any party intends to introduce into evidence any information designated as "CONFIDENTIAL," he/she shall give timely notice of that intention to the Court 3 4 and all counsel, and the Court may take such steps as it shall deem reasonably necessary to 5 preserve the confidentiality of such information, without violating any statute or other rule of the 6 Court. 7 16. Nothing in this Protective Order requires a party to disclose confidential information that the party also contends is protected from disclosure based upon a privilege 9 (including but not limited to HIPAA rights of others) or for some reason other than the mere 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 8 confidential or proprietary nature of the document or information (including but not limited to 11 non-discoverable trade secrets). 12 17. Upon the final determination of this action, counsel and all qualified persons shall 13 return any confidential information to counsel for Dr. Mondora and Nurse Katrina, upon her 14 request, together with any copies of confidential information. 15 confidential information also must be returned to the requesting Defense Counsel. 16 .... 17 .... 18 .... 19 .... 20 .... 21 .... 22 .... 23 .... 24 .... -6- Transcripts containing 22219-ST sao conf-protect 1 18. Anyone found to be in violation of this Protective Order may have sanctions 2 imposed against him or her as the Court may determine and allowable under law and may also be 3 subject to contempt of court proceedings. 4 DATED this _24th __ day of March, 2015. DATED this _24th __ day of March, 2015. 5 ALVERSON, TAYLOR, MORTENSEN & SANDERS MARQUIS AURBACH COFFING By _/s/ Seetal Tejura, Esq. _____________ SEETAL TEJURA, ESQ. (#008284) 7401 W. Charleston Boulevard Las Vegas, Nevada 89117 Attorneys for Defendant NaphCare, Inc. By__/s/ Tye Hanseen, Esq. *____________ Craig Anderson, Esq. (#006882) Tye Hanseen, Esq. (#010365) MARQUIS AURBACH COFFING 10001 Park Run Drive Las Vegas, NV 89145 Attorneys for Defendants Officers Hightower, Scott and Reyes 6 7 9 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 8 11 *Electronic signature entered with permission 12 13 DATED this _____ day of March, 2015 14 15 16 17 By_______________________________ Ronnie Edwards (#92789) c/o HIGH DESERT STATE PRISON P O Box 650 Indian Springs, Nevada 89070-0650 Plaintiff in Proper Person 18 19 20 21 22 23 24 -7- 22219-ST sao conf-protect 1 RONNIE EDWARDS vs. LAS VEGAS METROPOLITAN POLICE DEPARTMENT, et al Case No. 2:13-CV-01316-JAD-CWH STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY 2 3 4 5 6 ORDER IT IS SO ORDERED. 8 DATED: March day of _____________________, 2015. Dated this ______ 25, 2015 9 _____________________________________ UNITED STATES MAGISTRATE JUDGE 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 7 11 12 13 Respectfully Submitted by: 14 ALVERSON, TAYLOR, MORTENSEN & SANDERS 15 16 17 18 19 _/s/ Seetal Tejura, Esq. ______________ SEETAL TEJURA, ESQ. (#008284) 7401 W. Charleston Boulevard Las Vegas, Nevada 89117 Attorneys for Defendants DR. RAYMOND MONDORA (named herein as “Dr. Mondora”), and KATRINA SIMEON, R.N. (named herein as “Katrina”) 20 21 22 23 24 -8- 22219-ST sao conf-protect 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 I, _____________, have read in its entirety and understand the Protective Order that was 3 issued by the United States District Court, for the District of Nevada on ______________, 4 201__, in the case of Edwards v. Las Vegas Metropolitan Police Department, et al, Case No. 5 2:13-CV-01316-JAD-CWH. I agree to comply with and to be bound by all terms of this 6 Protective Order and I understand and acknowledge that failure to do so comply could expose 7 me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not 8 person or entity except in strict compliance with the provisions of this Order. Further, I solemnly 10 promise that I will not offer to sell, advertise or publicize that I have obtained any Protected LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS disclose in any manner any information or item that is subject to this Protective Order that any 9 11 Material subject to this Protective Order. At the conclusion of this matter, I will return all 12 Protected Material which came into my possession to counsel for the party from whom I 13 received the Protected Material, or I will destroy those materials. I understand that any 14 Confidential Information contained within any summaries of Protected Material shall remain 15 protected pursuant to the terms of this Order. I further agree to submit to the jurisdiction of the 16 United States District Court, for the District of Nevada for the purpose of enforcing the terms of 17 this Protective Order, even if such enforcement proceedings occur after termination of this 18 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: __________________________________________________________ -9- 22219-ST sao conf-protect