Trinkle v. Geico Casualty Company, No. 2:2015cv02248 - Document 17 (D. Nev. 2016)

Court Description: ORDER Granting 16 Stipulated Confidentiality Agreement and Protective Order. Signed by Magistrate Judge George Foley, Jr on 01/20/2016. (Copies have been distributed pursuant to the NEF - NEV)
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Trinkle v. Geico Casualty Company Doc. 17 Case 2:15-cv-02248-GMN-GWF Document 16 Filed 01/19/16 Page 1 of 6 1 ROBERT W. FREEMAN, ESQ. Nevada Bar No. 003062 2 Email: Robert.Freeman@lewisbrisbois.com DANIELLE C. MILLER, ESQ. 3 Nevada Bar No. 009127 Email: Danielle.Miller@lewisbrisbois.com 4 LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 5 Las Vegas, Nevada 89118 702.893.3383 6 FAX: 702.893.3789 Attorneys for Defendant 7 GEICO Casualty Company 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 DOUGLAS GERARD TRINKLE, Plaintiff, 12 13 CASE NO. 2:15-cv-02248-GMN-GWF STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER vs. 14 GEICO CASUALTY COMPANY, a foreign corporation; and DOES 1 – 20, inclusive, 15 Defendants. 16 17 It appearing to the Court that Plaintiff, DOUGLAS GERARD TRINKLE (“Plaintiff”) 18 and Defendant GEICO CASUALTY COMPANY (“GEICO”), are in agreement that GEICO 19 possesses proprietary policies and procedures that include confidential information that 20 may be subject to discovery in the proceedings in this matter but which should not be 21 made available to the public generally, this Court hereby orders that: 22 1. This Confidentiality Agreement and Protective Order (“Order”) shall govern 23 certain discovery and document production among the parties, as well as discovery and 24 document production from third parties, in the above-referenced action. 25 2. For purposes of this Order, the term “Confidential Information” shall refer to: 26 (1) information which any party or non-party believes in good faith to be a trade secret or 27 confidential LEWIS research, development, commercial, or other proprietary business 28 information within the meaning of FRCP 26(c)(1)(G); and (2) documents and/or testimony BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4813-3392-6188.1 Dockets.Justia.com Case 2:15-cv-02248-GMN-GWF Document 16 Filed 01/19/16 Page 2 of 6 1 that may reveal confidential, proprietary, personal or commercially sensitive information. 2 Such Confidential Information may be contained in any written, printed, recorded, or 3 graphic matter of any kind, and shall retain its confidential designation regardless of the 4 medium on which it is produced, reproduced, or stored. Such Confidential Information 5 may also be elicited at deposition or through written discovery. 6 3. Whenever any party or non-party desires to designate information 7 contained in a document as Confidential Information, the designating party shall mark 8 each page of the document with the word “CONFIDENTIAL” and identify such 9 Confidential Information at the time of production. Confidential Information may be used 10 in the course of depositions in accordance with this Order. 11 4. Transcripts or exhibits from any deposition or hearing shall be temporarily 12 designated as “Confidential” and be treated as subject to the terms of this Order. Within 13 forty-five (45) days of receipt of such transcripts and exhibits, Counsel will designate the 14 pages of the transcripts or exhibits which shall remain designated as “Confidential” and 15 will advise all other parties. If no designation is made within forty-five (45) days, the 16 entire transcript and all exhibits will be deemed not confidential. 17 5. All documents produced or information disclosed and any other records 18 designated as “confidential” by GEICO shall be revealed only to: 19 a) Plaintiff; 20 b) Plaintiff’s counsel of record in this case; 21 c) Defendant; 22 d) Defendant’s counsel of record in this case; 23 e) Paralegals and secretarial employees under counsel's direct supervision; 24 f) Outside photocopying, translating, document management, and exhibit 25 preparation services engaged by a party for purposes of this litigation; 26 27 LEWIS g) Persons employed by counsel to act as consultants or experts in this action; h) Any other person GEICO agrees in writing may be shown such documents; and 28 / / / BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4813-3392-6188.1 2 Case 2:15-cv-02248-GMN-GWF Document 16 Filed 01/19/16 Page 3 of 6 1 i) The Court and court personnel, stenographic reporters, and videographers at 2 depositions taken in this action, and any jury empanelled in this action, subject 3 to the protections of Paragraphs 3, 4, and 9 of this Order; 4 6. The information considered as “confidential” and disclosed only in accord 5 with the terms of Paragraph 5 shall include, without limitation, any claims manual, training 6 materials, and any other information or documentation supplied by GEICO and 7 designated as “Confidential.” 8 7. Documents deemed confidential by GEICO shall be used only for the 9 purposes of prosecuting or defending this action. Under no circumstances shall 10 information or materials covered by this Order be disclosed to or discussed with anyone 11 other than the individuals designated in Paragraph 5. 12 8. Prior to disclosure of any documents designated as “confidential” to any 13 individual who is not a signator to this Order, counsel shall require such individual to read 14 this Order and sign the Agreement which is attached hereto as Exhibit A and provide a 15 copy of the signed Agreement to counsel for GEICO. 16 9. Prior to filing any motion wherein information designated as “Confidential” is 17 referenced or attached, Plaintiff shall comply with LR 10-5(b) and Kamakana v. City and 18 County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), or provide Counsel for Defendant 19 reasonable time, but in any event not fewer than 10 judicial days, to file a motion pursuant 20 to LR 10-5(b) and Kamakana to show particularized good cause or particularized 21 compelling reasons to file those documents under seal. 22 LR 10-5(b) provides: 23 Unless otherwise permitted by statute, rule or prior Court order, papers filed with the Court under seal shall be accompanied by a motion for leave to file those documents under seal, and shall be filed in accordance with the Court's electronic filing procedures. If papers are filed under seal pursuant to prior Court order, the papers shall bear the following notation on the first page, directly under the case number: “FILED UNDER SEAL PURSUANT TO COURT ORDER DATED __________.” All papers filed under seal will remain sealed until such time as the Court may deny the 24 25 26 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4813-3392-6188.1 3 Case 2:15-cv-02248-GMN-GWF Document 16 Filed 01/19/16 Page 4 of 6 1 motion to seal or enter an order to unseal them, or the documents are unsealed pursuant to Local Rule. 2 Pursuant to Kamakana and LR 10-5(b), any documents designated as 3 4 “Confidential” and attached to a non-dispositive motion must be accompanied by a motion 5 showing a particularized good cause for leave to file those documents under seal. And, 6 any documents designated as “Confidential” and attached to a dispositive motion must be 7 accompanied by a motion showing a particularized compelling reason for leave to file 8 those documents under seal. 10. 9 This Order is subject to revocation and modification by Order of the Court 10 upon written stipulation of the parties, or upon motion and reasonable notice, including 11 opportunity for hearing and presentation of evidence. 11. 12 Any party objecting to the designation of any information as Confidential 13 Information shall clearly state the basis for the objection in a letter to counsel for the party 14 making the designation, and such letter must be received by counsel for the party making 15 the designation no later than one hundred twenty (120) days after the objecting party 16 received the Confidential Information to which it objects. If the parties are unable to 17 resolve the objection, the objecting party may move the Court to do so. Until an objection 18 to the designation of information has been resolved by agreement of counsel or by order 19 of the Court, the information shall be assumed to be properly designated, and shall be 20 subject to the terms of this Protective Order. 12. 21 Within 30 days of the final termination of this case, all documents and 22 information subject to this Order, including any copies or extracts or summaries thereof, 23 or documents containing information taken therefrom, shall be returned to counsel for 24 GEICO. In the alternative, within 30 days of the final termination of this case, all such 25 documents, including copies or extracts or summaries thereof, may be shredded or 26 disposed of in a manner to ensure the destruction thereof and a declaration certifying 27 such destruction or disposal provided to GEICO. LEWIS 28 / / / BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4813-3392-6188.1 4 Case 2:15-cv-02248-GMN-GWF Document 16 Filed 01/19/16 Page 5 of 6 1 13. In any action or proceeding to enforce this Order, or pursuant to paragraph 2 12, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and 3 costs, without limiting any other relief that may be available. 4 14. This Order shall remain in effect after the conclusion of this case and the 5 Court shall retain jurisdiction to enforce its terms and to prevent or punish violations of it. 6 7 8 15. This Order may be executed in counterparts, each of which shall constitute one and the same agreement. DATED this 19th day of January, 2016. DATED this 19th day of January, 2016. RICHARD HARRIS LAW FIRM LEWIS BRISBOIS BISGAARD & SMITH 9 10 11 12 13 14 15 /s/ Kristopher M. Helmick /s/ Danielle C. Miller By: By: Kristopher M. Helmick, Esq. Nevada Bar No. 013348 801 South Fourth Street Las Vegas, Nevada 89101 Attorneys for Plaintiff ROBERT W. FREEMAN, ESQ. Nevada Bar No. 003062 DANIELLE C. MILLER, ESQ. Nevada Bar No. 009127 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Attorneys for Defendant GEICO Casualty Company 16 17 18 19 IT IS SO ORDERED: 20 ____________________________________ __________________________________ __ _ _ ___ UNITED E FOLEY,MAGISTRATE JUDGE GEORG STATES GEORGE FOLEY, JR. R OLE UNITED STATES MAGISTRATE JUDGE 21 22 January 20, 2016 DATED: ________________________ 23 24 25 26 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW LLP 4813-3392-6188.1 5 Case 2:15-cv-02248-GMN-GWF Document 16 Filed 01/19/16 Page 6 of 6 1 EXHIBIT A 2 ACKNOWLEDGMENT OF RECEIPT AND AGREEMENT TO COMPLY WITH STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER 3 The undersigned hereby acknowledges that he/she has been provided with a copy 4 5 of the parties’ STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE 6 ORDER in the lawsuit captioned Douglas Gerard Trinkle v. GEICO Casualty Company 7 (United States District Court Case No. 2:15-cv-02248-GMN-GWF). The undersigned 8 agrees to be bound by the terms of the referenced Stipulated Confidentiality Agreement 9 And Protective Order in the same manner as Plaintiff, Defendant and their attorneys. 10 DATED this ____ day of ________________, 2016. 11 12 13 By: Litigation Participant - Signature 14 15 16 17 18 19 20 21 22 ____________________________ Name (Printed) ____________________________ Street Address ____________________________ City State Zip ____________________________ Occupation or Business 23 24 25 26 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4813-3392-6188.1 6