Brown v. Resortstay International, LLC et al, No. 2:2016cv02747 - Document 26 (D. Nev. 2017)
Court Description: ORDER granting 25 Stipulated Protective Order Concerning Confidential Information; Signed by Magistrate Judge Cam Ferenbach on 12/12/2017. (Copies have been distributed pursuant to the NEF - JM)
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Brown v. Resortstay International, LLC et al 1 2 3 4 5 6 7 8 Anthony L. Martin Nevada Bar No. 8177 anthony.martin@ogletreedeakins.com Erica J. Chee Nevada Bar No. 12238 erica.chee@ogletreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Wells Fargo Tower Suite 1500 3800 Howard Hughes Parkway Las Vegas, NV 89169 Telephone: 702-369-6800 Fax: 702-369-6888 Attorneys for Defendants ResortStay International, LLC and Starpoint Resort Group, Inc. 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 11 Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Las Vegas, NV 89169 Telephone: 702.369.6800 Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 9 Doc. 26 12 ROSALIND BROWN, 13 Plaintiff, 14 vs. 15 16 17 18 Case No.: 2:16-cv-02747-JAD-VCF RESORTSTAY INTERNATIONAL, LLC, a Nevada Limited Liability Company; STARPOINT RESORT GROUP, INC., a Nevada Corporation, STIPULATED PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION Defendant. 19 20 Plaintiff Rosalind Brown (“Plaintiff”) and Defendants ResortStay International, LLC and 21 Starpoint Resort Group, Inc. (collectively, “Defendants”) (collectively, the “Parties”), by and 22 23 24 25 26 27 28 through their respective counsel of record, hereby request the Court enter the following Stipulated Protective Order Concerning Confidential Information. This Stipulation is brought pursuant to and in compliance with Local Rule 7-1. Plaintiff has requested confidential, non-public information and documents from Defendants, including, but not limited to, documents protected by a confidential settlement agreement with an individual that is not a party to this action, non-public business records, personnel files, and other information and documents regarding certain individuals, who are not, and are not expected to be, Dockets.Justia.com 1 individual parties to this action. Plaintiff has also requested documents related to Defendants’ 2 business operations. Defendants consider this information and those documents to be private and 3 confidential. Discovery in this case requires the production of documents, the answering of Interrogatories, 5 and the taking of oral and/or written depositions, during which the aforementioned proprietary, trade 6 secret, confidential and/or private information and documents of the parties will be exchanged and 7 disclosed. To facilitate the prompt resolution of disputes over confidentiality and to adequately 8 protect material entitled to be kept confidential, the Parties agree to limit the disclosure and use of 9 proprietary, confidential, and private information and documents, pursuant to this Stipulated 10 Protective Order on the following terms: 11 Wells Fargo Tower Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Suite 1500, 3800 Howard Hughes Parkway Las Las Vegas, NV 89169 Vegas, NV 89169 Telephone: 702.369.6800 Telephone: 702.369.6800 Ogletree, Deakins, Nash,& Stewart, P.C. Deakins, Nash, Smoak Smoak & Stewart, P.C. 4 I. DEFINITIONS 12 The following definitions shall apply to this Stipulated Protective Order: 13 A. 14 15 Court for the District of Nevada and any appeal thereof through final determination. B. 16 17 “Producing Party” shall mean any person or entity producing documents, information or other materials in the Action, including any Party to the Action or any third parties. C. 18 19 The “Action” shall refer to in the instant litigation filed in the United States District “Party” shall mean the Plaintiff and Defendants in this Action, and any other person that may become a named Party to the Action. D. “Confidential” information shall be defined as such documents, deposition testimony 20 or other information disclosed during discovery in the Action which the Producing 21 Party or another Party reasonably and in good faith contends contains information 22 that should be protected from disclosure pursuant to this Stipulated Protective Order. 23 Any Party may designate any information or documents as Confidential in the 24 reasonable exercise of such Party’s sole discretion; provided, however, by agreeing 25 to this Stipulated Protective Order, no Party waives the right to challenge any other 26 Party’s designation of any information or document as Confidential. 27 E. “Legend” as used herein shall mean a stamp or similar insignia stating Confidential. 28 2 1 F. 2 3 4 When reference is made in this Stipulated Protective Order to any document or Party, the singular shall include the plural, and plural shall include the singular. II. DESIGNATION OF INFORMATION AND DOCUMENTS A. When any document or things produced under this Stipulated Protective Order are designated Confidential, a Legend shall be affixed to the first page and all pages 6 containing information for which the Producing Party seeks protection. When 7 information produced in answer to an Interrogatory, or response to a Request for 8 Production or Request for Admission is designated as Confidential, the response or 9 answer shall be preceded with the appropriate designation. 10 B. Some documents being produced by both Plaintiff and Defendants may contain social 11 Wells Fargo Tower Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Suite 1500, 3800 Howard Hughes Parkway Las Las Vegas, NV 89169 Vegas, NV 89169 Telephone: 702.369.6800 Telephone: 702.369.6800 Ogletree, Deakins, Nash,& Stewart, P.C. Deakins, Nash, Smoak Smoak & Stewart, P.C. 5 security numbers. Without need of any designation, social security numbers will be 12 deemed to be Confidential. In the event a document is produced without the redaction 13 of a social security number, any Party seeking to use the document will make every 14 effort to redact the social security number before its use in a deposition, court 15 proceeding or court filing. 16 C. The initial failure to designate information or documents as Confidential in 17 accordance with this Stipulated Protective Order shall not preclude the Producing 18 Party from, at a later date, designating any information or documents as Confidential. 19 The Producing Party may, by written notice to counsel of record for the receiving 20 Party, designate previously produced information or documents as Confidential, 21 which it had inadvertently failed to designate. Upon receipt of such notice, the 22 receiving Party shall promptly mark its copies of the information or documents so 23 designated, and shall, thereafter, treat the information and documents as if it had been 24 designated Confidential and shall restrict the disclosure or use of the information or 25 documents in accordance with this Stipulated Protective Order. If the information or 26 documents have previously been disclosed to non-parties, the Parties shall take 27 reasonable steps to obtain all such previously disclosed information or documents and 28 advise the non-parties to treat the designated materials in a manner that is consistent 3 1 with this Stipulated Protective Order and as though the information and documents 2 were originally so designated. 3 III. 4 LIMITATIONS A. This Stipulated Protective Order shall govern only documents, information and 5 materials generated or produced in response to any method of discovery conducted 6 by any Party to the Action, and used in the prosecution and defense of the Action. 7 B. Persons obtaining access to Confidential information under this Stipulated Protective Order shall use the information only for the preparation of and the trial in the Action. 9 Persons shall not use such information for any other purpose, including business, 10 commercial, personal, administrative or judicial proceedings. 11 Wells Fargo Tower Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Suite 1500, 3800 Howard Hughes Parkway Las Las Vegas, NV 89169 Vegas, NV 89169 Telephone: 702.369.6800 Telephone: 702.369.6800 Ogletree, Deakins, Nash,& Stewart, P.C. Deakins, Nash, Smoak Smoak & Stewart, P.C. 8 C. Nothing contained in this Stipulated Protective Order shall require any Party to treat 12 as Confidential documents or information lawfully obtained by means other than 13 through discovery in the Action and under circumstances that would lead a reasonable 14 person to conclude that the documents or information were not intended to be kept 15 confidential by the recipient; provided, however, that nothing in this Stipulated 16 Protective Order shall authorize any use of documents or information which is 17 otherwise impermissible. 18 IV. PERMISSIBLE DISCLOSURES/ACCESS 19 Except as set forth herein, Confidential information, and any facts or information contained 20 therein or derived therefrom, shall be disclosed only to the Court on the condition that the Court 21 enters an order similar to this Stipulated Protective Order and/or to: (a) the Parties in the Action, 22 including their agents, officers, directors and employees, but only to the extent that such disclosure 23 is necessary for the conduct of litigation in the Action; (b) outside counsel for the Parties hereto and 24 their agents, employees, paralegals, or other secretarial and clerical employees or agents; (c) experts, 25 independent contractors, consultants, or advisors who are employed or retained by, or on behalf of, 26 one or more of the Parties to the Action or their counsel to assist in preparation of the Action for 27 trial; (d) deponents and their counsel who have a need to review this material during the course of, 28 or in connection with, depositions taken in or for the Action; (e) stenographic reporters who are 4 1 involved in depositions, the trial or any hearings or proceedings before the Court in the Action; (f) 2 people who have previously received or created the document; and (g) witnesses in the Action who 3 need to review this material in connection with their testimony in the Action. Confidential 4 information may be disclosed to persons listed in this paragraph only after such person has been 5 shown a copy of this Stipulated Protective Order and agrees to be bound by the terms of this 6 Stipulated Protective Order in the form attached hereto as Exhibit A. 7 V. DECLASSIFICATION documents and other discovery materials designated Confidential shall be treated as such under this 10 Stipulated Protective Order. In the event that any Party objects to the designation of any document, 11 Wells Fargo Tower Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Suite 1500, 3800 Howard Hughes Parkway Las Las Vegas, NV 89169 Vegas, NV 89169 Telephone: 702.369.6800 Telephone: 702.369.6800 Unless and until otherwise ordered by the Court, or otherwise agreed by the Parties, all 9 Ogletree, Deakins, Nash,& Stewart, P.C. Deakins, Nash, Smoak Smoak & Stewart, P.C. 8 the objecting Party may seek modification of the designation or the disclosure of the redacted 12 information in accordance with the following procedure: 13 A. At any time, the receiving Party of any document or information designated 14 Confidential may notify the Producing Party, in writing, that the receiving Party does 15 not concur in the designation or redaction. The Parties shall attempt to resolve such 16 challenges informally. 17 receiving Party may file a motion seeking to remove the designation as Confidential, 18 and the Court shall make an independent determination as to whether or not any given 19 document or information is Confidential and/or properly redacted based upon facts 20 then existing, and in so doing, the Court shall not be bound by any Party’s 21 designation; provided, however, that such documents or discovery material shall be 22 deemed Confidential unless and until the Court rules otherwise. The Party or entity 23 making the designation must show that there is good cause for the document or 24 information to have such protection. 25 26 VI. In the event that such attempts are not successful, the DESIGNATED INFORMATION AND DOCUMENTS IN DEPOSITIONS A. In the case where Confidential information or documents are used or revealed during 27 a deposition, designation of the transcript or any portion thereof, including the 28 designated documents or other exhibits, as Confidential, may be made by a statement 5 1 by a Party, counsel or the witness on the record, so that the stenographer transcribing 2 the deposition can affix a Legend to the cover page and all appropriate pages of the 3 transcript and to each copy thereof for dissemination to counsel and in compliance 4 with this Stipulated Protective Order. 5 B. A Party or a witness may designate a deposition or trial transcript, or a portion thereof, “Confidential” by informing counsel for all other Parties to this Action in writing 8 within thirty (30) days after receipt of the transcript as to the specific pages and lines 9 deemed Confidential, and thereafter such pages and lines shall constitute Confidential 10 information or documents pursuant to this Stipulated Protective Order. Upon receipt 11 Wells Fargo Tower Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Suite 1500, 3800 Howard Hughes Parkway Las Las Vegas, NV 89169 Vegas, NV 89169 Telephone: 702.369.6800 Telephone: 702.369.6800 disclosing, containing or referring to any Confidential information or documents as 7 Ogletree, Deakins, Nash,& Stewart, P.C. Deakins, Nash, Smoak Smoak & Stewart, P.C. 6 of such notice, any Party in possession of copies of the transcript with the designated 12 pages and lines shall affix the appropriate Legend thereto. During the 30-day interval 13 following receipt of a transcript, the transcript shall be treated as Confidential. 14 VII. DESIGNATED INFORMATION AND DOCUMENTS IN BRIEFS 15 In the event that any Confidential document or information, or information derived therefrom 16 is included with, or the contents thereof are disclosed in any documents filed with the Clerk of this 17 Court or any other court, including, without limitation, any pleadings, motion papers, briefs or 18 deposition transcripts, such documents shall be filed under seal subject to the provisions of LR IA 19 10-5. 20 21 VIII. DESIGNATED INFORMATION AND DOCUMENTS IN THE RECORD OF THE ACTION 22 Confidential information or documents may be offered in evidence at any hearing or the trial 23 in the Action, provided that the Parties have met, conferred and agreed in advance of the hearing 24 and/or trial as to how the information or documents will be used, including, by way of example, 25 26 requesting that the Court designate that portion of the transcript containing the Parties’ discussion of the Confidential information or documents as Confidential and maintain it under seal, only to be 27 produced to the Parties’ at their request. If the Parties cannot agree about how the information or 28 documents will be used during a hearing, before or at the time of the hearing, the Party designating 6 such Confidential status may move the Court for an order that the evidence be received in camera 2 or under other conditions to prevent unnecessary disclosure. If such a motion is made regarding 3 evidence to be introduced at the time of trial, then the Party designating such Confidential status 4 shall notify opposing counsel and the Court of its intent to make the motion sufficiently in advance 5 of and outside the presence of the jury so that counsel has the opportunity to object to the evidence 6 and/or an opportunity to seek appropriate protection from the Court outside the presence of the jury 7 and before the information or documents are offered into evidence in open court. The Court will 8 then determine whether the proffered evidence should continue to be treated as Confidential and, if 9 so, what protection, if any, may be afforded to such information at the hearing. 10 IX. SUBPOENA BY COURT OR OTHER AGENCIES 11 Wells Fargo Tower Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Suite 1500, 3800 Howard Hughes Parkway Las Las Vegas, NV 89169 Vegas, NV 89169 Telephone: 702.369.6800 Telephone: 702.369.6800 Ogletree, Deakins, Nash,& Stewart, P.C. Deakins, Nash, Smoak Smoak & Stewart, P.C. 1 If at any time any document or information protected by this Stipulated Protective Order is 12 subpoenaed by any court, administrative or legislative body, or is requested by any other person or 13 entity purporting to have authority to require the production of such information, the Party to whom 14 the subpoena or other request is directed shall immediately give written notice thereof to any Party 15 which has designated such information Confidential. The Party that received the subpoena shall 16 object to production under Rule 45 of the Federal Rules of Civil Procedure, or any similar rule 17 protecting the production of Confidential documents in that proceeding. After receipt of the notice 18 specified under this paragraph, the designating Party shall be responsible for obtaining any order it 19 believes necessary to prevent disclosure of documents designated, and the Party to whom the 20 referenced subpoena or other request is directed shall produce such document or information only 21 upon an order issued by a judge of a court of competent jurisdiction requiring such production. 22 X. CLIENT CONSULTATION 23 Nothing in this Stipulated Protective Order shall prevent or otherwise restrict counsel from 24 rendering advice to their clients and, in the course thereof, relying generally on examination of 25 stamped Confidential information or documents; provided, however, that in rendering such advice 26 and otherwise communicating with such clients, counsel shall not make specific disclosure of any 27 items so designated except pursuant to the procedures in Paragraph IV above. 28 7 1 XI. COPIES OF DESIGNATED INFORMATION The attorneys of record are responsible for employing reasonable measures, consistent with 3 this Stipulated Protective Order, to control duplication of, access to, and distribution of copies of 4 Confidential information. Parties shall not duplicate Confidential information or documents except 5 working copies and for filing in Court under seal. All copies of any Confidential information or 6 documents shall be treated as provided in this Stipulated Protective Order. Any Party making, or 7 causing to be made, copies of any such documents shall make certain that each such copy bears the 8 appropriate Legend pursuant to the requirements of this Stipulated Protective Order. 9 XII. 10 NO WAIVER A. No Confidential information or documents shall lose such status under this Stipulated 11 Wells Fargo Tower Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Suite 1500, 3800 Howard Hughes Parkway Las Las Vegas, NV 89169 Vegas, NV 89169 Telephone: 702.369.6800 Telephone: 702.369.6800 Ogletree, Deakins, Nash,& Stewart, P.C. Deakins, Nash, Smoak Smoak & Stewart, P.C. 2 Protective Order as the result of the use of such information or documents in any 12 hearing, trial, or other court proceeding in this Action, provided that such use is 13 consistent with the terms of this Stipulated Protective Order. Counsel to the Parties 14 in the Action shall confer at least five (5) days before any such hearing, trial, or other 15 court proceeding in order to work out any objections to the use of any Confidential 16 information or documents in such court proceeding and to make such amendments to 17 this Stipulated Protective Order which the Parties agree are necessary to assure the 18 continued confidentiality of such information. 19 B. Notwithstanding anything to the contrary contained herein, all objections as to 20 admissibility in evidence of the discovery material subject to this Stipulated 21 Protective Order are reserved and are not waived by any terms of this Stipulated 22 Protective Order. The use of Confidential information and documents as evidence at 23 trial shall be subject to this Stipulated Protective Order unless otherwise agreed to by 24 the Parties or modified by the Court. 25 C. The inadvertent disclosure of Confidential information and documents shall not, 26 under any circumstances, be deemed a waiver, in whole or in part, of any Party’s 27 claims of confidentiality. 28 8 1 D. The inadvertent production of any document or other information during discovery 2 in the Action shall be without prejudice to any claim that such material is privileged, 3 prohibited or protected from disclosure as privileged or work product, and no Party 4 shall be held to have waived any rights by reason of such inadvertent production. 5 XIII. NON-TERMINATION of maintaining the confidentiality of all information and documents produced and designated 8 pursuant to this Stipulated Protective Order, unless the Parties otherwise agree or the Court orders 9 or permits otherwise. Upon the final disposition of the Action, all information and documents, 10 including any summaries or abstracts of materials, however maintained, shall be kept completely 11 Wells Fargo Tower Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Suite 1500, 3800 Howard Hughes Parkway Las Las Vegas, NV 89169 Vegas, NV 89169 Telephone: 702.369.6800 Telephone: 702.369.6800 The termination of proceedings in the Action shall not relieve the Parties from the obligation 7 Ogletree, Deakins, Nash,& Stewart, P.C. Deakins, Nash, Smoak Smoak & Stewart, P.C. 6 confidential. Counsel for either Party may use the Confidential information and documents only for 12 the purpose of defending ethical charges or professional malpractice charges, and may not use 13 Confidential information or documents in any subsequent lawsuit. 14 XIV. INADVERTENT PRODUCTION OF PRIVILEGED MATERIALS 15 A. The inadvertent production of information that is subject to a claim of any privilege 16 or other protection as trial-preparation material shall not constitute a waiver of any 17 privilege or protection, provided that – consistent with the provisions of Fed. R. Civ. 18 P. 26(b)(5) – the Producing Party notifies the receiving Party in writing of the 19 inadvertent production as soon as practicable following the Producing Party’s 20 discovery of the inadvertent production. 21 B. Following the Producing Party’s written notice of the inadvertent production, the 22 receiving Party shall promptly return, destroy, or delete from its databases all copies 23 of the specified information and shall make reasonable efforts to retrieve the 24 information if the receiving Party previously provided the information to third parties. 25 C. The receiving Party shall not assert a claim or argument in this or any other court or 26 legal proceeding that the Producing Party’s act of inadvertently producing the 27 information constituted a waiver of the Producing Party’s privilege or other protection 28 over the information. 9 1 D. If there is a disagreement as to whether the specified information is privileged or 2 subject to protection, the receiving Party may present the information under seal to 3 the Court for a determination. Until the Court makes a determination of the privileged 4 or protected status of the information, the receiving Party shall not use in any way 5 (including, but not limited to, using the information in depositions or at trial) nor 6 disclose the information to other Parties. 7 IT IS SO STIPULATED. DATED this 12th day of December, 2017. 9 LAW OFFICES OF MICHAEL P. BALABAN OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. /s/ Michael P. Balaban Michael P. Balaban Nevada Bar No. 9370 10726 Del Rudini Street Las Vegas, NV 89141 Attorneys for Plaintiff /s/ Erica J. Chee Anthony L. Martin Nevada Bar No. 8177 Erica J. Chee Nevada Bar No. 12238 Wells Fargo Tower Suite 1500 3800 Howard Hughes Parkway Las Vegas, NV 89169 Attorneys for Defendants DATED this 12th day of December, 2017. 10 11 Wells Fargo Tower Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Suite 1500, 3800 Howard Hughes Parkway Las Las Vegas, NV 89169 Vegas, NV 89169 Telephone: 702.369.6800 Telephone: 702.369.6800 Ogletree, Deakins, Nash,& Stewart, P.C. Deakins, Nash, Smoak Smoak & Stewart, P.C. 8 12 13 14 15 16 17 ORDER 18 19 20 21 22 IT IS SO ORDERED. _________________________________________ U.S. MAGISTRATE JUDGE December 12, 2017 DATED: _______________________ 23 24 25 26 27 28 10 1 2 EXHIBIT A UNDERSTANDING AND AGREEMENT REGARDING “CONFIDENTIAL” INFORMATION AND DOCUMENTS 3 I hereby state that I have read and received a copy of the STIPULATED PROTECTIVE 4 ORDER CONCERNING CONFIDENTIAL INFORMATION (the “Order”) in Rosalind Brown v. 5 ResortStay International, LLC and Starpoint Resort Group, Inc., Case No. 2:16-cv-02747-JAD- 6 VCF, pending in the United States District Court, District of Nevada (the “Court”). I understand the 7 terms of the Order, agree to be bound by those terms, and consent to the jurisdiction of the Court 8 with respect to enforcement of the Order. 10 ___________________________________________ Signature 11 Wells Fargo Tower Wells Fargo Tower Suite 1500, 3800 Howard Hughes Parkway Suite 1500, 3800 Howard Hughes Parkway Las Las Vegas, NV 89169 Vegas, NV 89169 Telephone: 702.369.6800 Telephone: 702.369.6800 Ogletree, Deakins, Nash,& Stewart, P.C. Deakins, Nash, Smoak Smoak & Stewart, P.C. 9 12 13 14 ___________________________________________ Printed Name ___________________________________________ Dated 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11
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