Cranmer v. Colorado Casualty Insurance Company, No. 2:2014cv00645 - Document 24 (D. Nev. 2014)

Court Description: PROTECTIVE ORDER granting 18 Motion for Protective Order. Signed by Magistrate Judge Cam Ferenbach on 11/20/14. (Copies have been distributed pursuant to the NEF - TR)
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Cranmer v. Colorado Casualty Insurance Company Doc. 24 Case 2:14-cv-00645-MMD-VCF Document 18-1 Filed 09/11/14 Page 2 of 8 1 Bar No. 10212 2 ar No. 9022 ar No. ll94l SNELL&WILMERt.l.p. J 4 5 6 7 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, NV 89169 Telephone: (702) 784-5200 Facsimile: (702) 784-5252 Email : asamþ Email: afug? Email: j Attorneys for Defendant COLORADO CASUALTY INSURANCE COMPANY 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA r0 CASE DAVID CRANMER, o : Ð ¡i G) | i ) .-e l3a VS 13 I sTs= I ory<; 14 , strøiíì I 33ée l5 *ùó+ u J U@-r ð Plaintiff, t2 q L COLORADO CASUALTY INSURANCE COMPANY'S CONFIDENTIALITY AND PROTECTIVE ORDER COLORADO CASUALTY INSURANCE COMPANY and DOES I - V and ROE CORPORATIONS I - V, inclusive, Defendants c) V) Iää NO.: 2:14-Iv-00645-MMD-VCF 11 I6 o :c t7 Pursuant to stipulation of the parties, and for good cause appearing: 18 IT IS HEREBY ORDERED to preserve and maintain the confidentiality of certain l9 confidential, commercially sensitive and proprietary documents to be produced by Colorado 20 Casualty Insurance Company ("CCIC") in this action, it is ordered that: l. 2l Documents to be produced by CCIC in this litigation which contain confidential 22 information shall hereafter be referred to as "Protected Documents." Any document or any 23 information designated as "subject to Protective Order," or other similar language in accordance 24 with the provisions of this Order, shall only be used, shown or disclosed as provided in this 25 Order. 2. 26 27 As used in this Order, the term "documents" means all written material, videotapes and all other tangible items, produced in whatever format (e.g., hard copy, electronic, digital, 28 19914542,1 Case 2:14-cv-00645-MMD-VCF Document 18-1 Filed 09/11/14 Page 3 of 8 I etc.) and on whatever media (e.g., hard copy, videotape, computer diskette, CD-ROM, DVD, hard 2 drive or otherwise). 3, J The burden of proving that a Protected Document contains trade secret or other 4 5 producing party in writing. If 10 rÉ party disagrees with the "Protected" designation of any document, the party will so notify the 9 H;. -o uJt Él ìã 5 | -¿<_ information, the dissemination of which would damage the party's competitive position. I ! material is, 7 : o material as "Protected," the producing party must make a bona fide determination that the 6 o confidential information is on the party producing the document. Prior to designating any notice, the producing party will then apply to this Court to set a hearing for the purpose of t1 establishing that said document is protected. Any document so marked as "Protected" will l2 continue to be treated as such pending determination by the Court as to its confidential status. I d-OX > q| 9ã{ã > *^ó+ 4. 13 in fact, a tracle secret, conficlential information or other commercially sensitive If a the parties are unable to agree, within 30 days of receiving such The designation of Protected Documents shall be made by marking or placing the T4 notice "Confidential: Subject to Protective Order", on the document, or, where a copy of the 15 original document is to be produced, on that copy in a location that does not cover or mark over t6 any textual material L/ J Ud^r oÕ r >ÃØ -r I 55õ5 (l)t :> Él ;' v)' 4p o f I 5. t7 if possible. Protected Documents and any copies thereof received pursuant to paragraph 6 18 below shall be maintained confidential by the receiving party, hislher attorney, other l9 representatives, and expert witnesses, and shall be used only for preparation for the trial of this 20 matter, subject to the qualifications set forth herein. 6. 2t 22 Protected Documents shall be disolosed only to "Qualified Persons." Qualified Persons are limited to: a. b. 23 24 Counsel of Record in this action for the parties, and the parties; Employees of Counsel of Record involved in the preparation and trial of this action; 25 26 c. Experts and non-attorney consultants retained by the parties for the 27 preparation or trial of this case, provided that no disclosure shall be made 28 to any expert or consultant who is employed by a competitor of CCIC; and 1 -L19914542.1 Case 2:14-cv-00645-MMD-VCF Document 18-1 Filed 09/11/14 Page 4 of 8 d. e. I 2 The Court, the Court's staff, witnesses, and the jury in this case. The term "competitor" as used in subsection (c) shall be defined as anyone J currently employed by an insurer or business engaged in the practice of 4 handling insurance claims. 7. 5 6 Plaintiffs' Counsel must make reasonable efforts to ensure the individuals described in paragraphs 6(b) and 6(c) above are "Qualified Persons." 8. 7 Before receiving access to any Protected Document or the information contained 8 therein, each person described in paragraph 6(c) above shall execute a "'Written Assurance" in the 9 form contained in Exhibit A, attached hereto. Counsel for the Parties shall retain each such 10 executed "Written Assurance" and shall keep a list identifying all persons described in paragraphs 11 6(c) above to whom Protected Documents have been disclosed, and (b) all Protected Documents t2 disclosed to such persons. Upon any party's request and a good faith basis, such as a reasonable | -.3 lGa l3 belief that the terms and provisions of this Order have been or are in jeopardy of being violated, c õä11 n'ytc I O:<N I 14 Counsel of Record shall provide within seven (7) business days, a copy of such lists, excluding I 33ó3 l5 documents disclosed to non-testifying consulting experts, together with copies l3i I6 agreements executed by persons described in subparagraph 6(c) above. A party must move the t7 Court for disclosure of the Protected Documents disclosed to non-testifying consulting experts. o 7 Ð ¡-{ q.) I L ! f, J Udar dd , sIøi a) V) of the written o :É 9. 18 As the Protected Documents may only be distributed to "Qualified of Record, and all persons described in paragraph 6 Persons," above may not post Protected 19 Counsel 20 Documents on any website or internet accessible document repository. 10. 2T To the extent that Protected Documents or information obtained therefrom are 22 used in the taking of depositions and/or used as exhibits at trial, or to the extent that deposition 23 testimony is otherwise marked "Confidential," such documents, information and/or testimony 24 shall remain subject to the provisions of this Order, along with the transcript pages of the 25 deposition testimony and/or trial testimony dealing with the Protected Documents, information 26 and/or testimony, 27 1 28 1. Prior to filing any documents with the Court that contain any portion of any Protected Document or information taken from any Protected Document, that party must file a -3 19914542.1 - Case 2:14-cv-00645-MMD-VCF Document 18-1 Filed 09/11/14 Page 5 of 8 1 motion for an order sealing the documents consistent with the Ninth Circuit opinions of 2 Kamakana v. City and County of Honolulu, 447 F.3d I 172, ll78-79 (9th Cir. 2006) and Pintos J Pacific Creditors Association, 605 F,3d 665, 678 (9th Cir. 2010) and consistent with Local 4 Rule l0-5(b). A copy of the motion to seal must be served on all parties that have appeared in the 5 case. 12. 6 v. Any court reporter or transcriher who reports or transcribes testimony in this 7 action shall agree that all "Confidential" information designated as such under this Order shall 8 remain confidential and shall not be disclosed by them, except pusuant to the terms of this Order, 9 and that any notes or transcriptions of such testimony (and any accompanying exhibits) l0 13. 11 ! a)l Îs El 3ã É I| 3:å: > 9i{i È i ll"ó+ J t2 information which should have been designated as "Confidential" shall not be deemed a waiver in l3 whole or in part of the party's claims of confidentiality. t4 as confidential l5 re-designate the document as confidential, the party may do so either by obtaining agreement l6 from the opposing party, or by obtaining leave from the Court to allow the document to be redesignated as confidential. Once a party contacts the opposing party about a document that it l8 wishes to re-designate as confidential, the opposing party is prohibited from further disseminating T9 the subject document, and must take all reasonable steps to ensure that 20 disseminated 2l determination regarding whether the document 22 conf,rdential. 23 actions were taken as reasonable efforts. If a party fails to designate a document within 30 days of receipt of the document, and at some point thereafter wishes to UdAÈ dð r >*88 I <i¡ìs - Inadvertent or unintentional production of documents or information containing T7 d = I¡ be retained by the reporter or delivered to counsel of record. o LJf will c)t :> Él 4z cn' o ;' f a by any party who may have a copy of the subject If a party so requests, it is not further dooument, until there is will be allowed to be re-designated a as the opposing party shall respond in writing describing what 24 A party shall be obligated to challenge the propriety of a designation of confidential 25 information at the time made, and failure to do so shall preclude a subsequent challenge to such 26 designation. In the event any party to this litigation disagrees with the designation by a party 27 any information as confidential, the parties shall try first to resolve such dispute in good faith on 28 an informal basis in accordance with the applicable Federal Rules of Civil Procedure. This shall -419914542.1 o1 Case 2:14-cv-00645-MMD-VCF Document 18-1 Filed 09/11/14 Page 6 of 8 1 be accomplished within 30 days of the designation of the document as confidential. If the dispute 2 cannot be resolved by the parties aftçr undertaking reasonable good faith'efforts, the parties J seeking to remove the confidential designation of the information may apply for appropriate relief 4 from the Court, which shall be permitted to conduct an in-camera inspection of the confidential 5 materials. The party seeking to remove the confidential designation of the information shall 6 apply for relief from the Court no later than 14 days after concluding the informal dispute 7 resolution with the party that designated the information as confidential. Such designation shall 8 be construed under the Federal Rules of Civil Procedure governing protective orders, and the 9 appropriate case law construing those provisions 14. l0 This Protective Order may not be waived, modified, abandoned or terminated, in 11 whole or part, except by an instrument in writing signed by the parties. If any provision of this T2 Protective Order shall be held invalid for any reason whatsoever, the remaining provisions shall 13 not be affected thereby. a : @ ¡i a.) H L Þ I -.€ I is 15. Eè)1 u cI s9+s t4 "ã r àfrE8 I f iri: I l5 binding. This Court retains and shall have jurisdiction over the parties and recipients of the t6 Protected Documents for enforcement of the provisions of this Order following termination of I7 this litigation. ! After termination of this litigation, the provisions of this Order shall continue to be J 9@-r c) I V) I -+d ô:- f3 ù o J 16. 18 This Protective Order shall be binding upon the parties hereto, upon their the parties' and their attorneys' I9 attorneys, and upon 20 representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions, 2l employees, agents, independent contractors, or other persons 22 have control. successors, executors, personal or organizations over which they 23 17. All persons described in paragraph 6 above shall not under any circumstance sell, 24 offer for sale, advertise, or publicize either the Protected Documents and the Confidential 25 information contained therein or the fact that such persons have obtained any party's Protected 26 Documents and Confidential information. 27 28 I 8. At the conclusion of this suit, and at the request of the producing party , all original Protected Documents shall be returned to the party from which they came; all copies shall be 5 19914542.1 Case 2:14-cv-00645-MMD-VCF Document 18-1 Filed 09/11/14 Page 7 of 8 1 securely destroyed. Counsel shall return all confidential material to counsel for the producing 2 party, along with a signed certification from the attorney for the returning party that all copies of J the confidential materials have been returned to the producing party. Counsel for the producing 4 party only, shall be entitled to retain copies of materials designated confidential, for purposes of 5 record keeping relative to the client's file and for purposes of record keeping for the returning 6 party, 7 some point in the future. Such retained copy shall be appropriately maintained confidential, and I shall not subject to disclosure to any other persons absent further order ofthe Court. if that party would ever be able to establish a need to access the confidential materials at 9 ORDER 10 IT IS SO ORDERED. o bl Él o = b a.e ìã I 6a<^ IF{ I d:Oð - ' ) =ø-ò =lË3ãi dd i ;äaã = | r:9ù 00)I :; Êl u)' 7ç ;' 11 DATED this t2 20th _ day of November 2014. t3 t4 UNITED STATES MAGISTRA 15 16 o ! g T7 18 I9 20 2I 22 23 24 25 26 27 28 -619914s42.1 JUDGE Case 2:14-cv-00645-MMD-VCF Document 18-1 Filed 09/11/14 Page 8 of 8 I EXHIBIT A ) UNITED STATES DISTRICT COURT DISTRICT OF NEVADA J CASE DAVID CRANMER, NO.: 2:14-Iv-00645-MMD-VCF 4 Plaintift WRITTEN ASSURANCE REGARDING CONFIDENTIALITY AND PROTECTIVE ORDER 5 VS. 6 7 COLORADO CASUALTY INSURANCE COMPANY and DOES I - V and ROE CORPORATIONS I - V, inclusive, 8 Defendants. 9 10 STATE OF 1l COUNTY ) OF o 4 f- È q.) AFFIDAVIT 12 f, ss: ) OF , being dulY 1ø l3 sworn and personally appearing before the undersigned attesting officer, duly authorized by law sÇ8= sSsq t4 to administer oaths, deposes and says that the within statements are true and correct: --@ t ü c) V) oi J änäË 1. ãËip 15 2:, t6 understand its terms and I 2. have read the Protective Order attached hereto and agree that my signature below submits me to the jurisdiction of the United States meanings. t7 I I <i o f g of v. Colorado Casualty 18 District Court, District of Nevada, in which the action 19 Insurance Company,2:14-cv-00645-MMD-VCF, is pending, and binds me to the provisions of 20 the Protective Order, including to all promises undertaken in the Order, as 2l me. 22 FURTHER AFFIANT SAYETH NOT. 23 This _ day of ,201- 24 Signature 25 26 SUBSCRIBED AND SWORN to before me 2014. day of this _ 27 28 NOTARY PUBLIC 19914542.1 Cranmer if originally agreed by