Henderson v. Clark County School District, No. 2:2017cv01767 - Document 26 (D. Nev. 2018)
Court Description: ORDER granting 25 Stipulated Confidentiality Agreement and Protective Order, as Amended; Signed by Magistrate Judge Nancy J. Koppe on 1/29/2018. (Copies have been distributed pursuant to the NEF - JM)
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Henderson v. Clark County School District Doc. 26 Case 2:17-cv-01767-JAD-NJK Document 25 Filed 01/26/18 Page 1 of 10 1 CLARK COUNTY SCHOOL DISTRICT OFFICE OF THE GENERAL COUNSEL 2 S. SCOTT GREENBERG, ESQ. Nevada Bar No. 4622 3 5100 W. Sahara Ave. Las Vegas, Nevada 89146 4 (702) 799-5373 Attorneys for Defendant 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 GARLAND HENDERSON, et al., 9 10 11 CASE NO. 2:17-cv-01767-JAD-NJK Plaintiff, STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER v. CLARK COUNTY SCHOOL DISTRICT, 12 AS AMENDED Defendant. 13 14 15 The parties to this action, identified below, herein enter the 16 following stipulations and agreements and request the Court enter 17 an Order for the same: 18 A. Counsel for Plaintiffs, Garland Henderson and Tammie 19 Keith-Henderson, collectively the “Plaintiffs,” and 20 B. Counsel for Defendant, CLARK COUNTY SCHOOL DISTRICT 21 (CCSD), hereby agree to the following regarding potential production 22 of employment records of non-party District employees: GENERAL STIPULATIONS 23 24 1. The "Litigation" shall mean the above-captioned case, 25 Henderson, et al. v. Clark County School District,2:17-cv-01767-JAD26 NJK, United States District Court, District of Nevada, 27 2. It is acknowledged there is a presumption of public access 28 to judicial files and records and that good cause must be shown to Dockets.Justia.com Case 2:17-cv-01767-JAD-NJK Document 25 Filed 01/26/18 Page 2 of 10 1 overcome this presumption. Kamakana v. City and County of Honolulu, 2 447 F.3d 1172, 1179 (9th Cir. 2006). The parties believe good cause 3 exists, as set 4 Confidentiality forth hereinafter, Agreement and and submit Protective this Order Stipulated (hereinafter See order5issued "Protective Order") for the purpose of facilitating the exchange of concurrently herewith 6 documents and information between the parties in this action without 7 having to unnecessarily involve the Court in the discovery process 8 and in order to protect privacy interests of third parties as 9 necessary. Except as otherwise set forth herein, nothing in this 10 Protective Order nor the production of any information or documents 11 under the terms of this Protective Order nor any proceedings in this 12 matter will be deemed an admission or waiver by any Party of any 13 confidentiality protection otherwise applicable to any document or 14 information produced in this Litigation. 15 3. "Documents" shall mean and include any documents (whether 16 in hard copy or electronic form), records, correspondence, analyses, 17 assessments, 18 statements photographs, (financial or memoranda, otherwise), email audio communications, recordings, video 19 recordings, responses to discovery, tangible articles or things, 20 whether documentary or oral, and other information provided, served, 21 disclosed, filed, or produced, whether voluntarily or through 22 discovery or other means, in connection with this Litigation. A 23 draft or non-identical copy is a separate document within the 24 meaning of these terms. "Information" means any information 25 contained within a Document. 26 4. "Party" (or "Parties") shall mean one party (or all 27 parties) in this Litigation, and their in-house and outside counsel. 28 "Producing Party" shall mean any person or entity who provides, -2- Case 2:17-cv-01767-JAD-NJK Document 25 Filed 01/26/18 Page 3 of 10 1 serves, discloses, files, or produces any Documents or Information. 2 "Receiving Party" shall mean any person or entity who receives any 3 such Documents or Information. 4 5 CONFIDENTIALITY AGREEMENT 5. The Parties agree that any Document or Information which 6 is: (1) a personnel document/information of a non-party District 7 employee, or (2) a medical record of either Plaintiff, may be 8 designated by the Producing Party as "CONFIDENTIAL" under the terms 9 of this Protective Order and any such designated Document or 10 Information shall not be provided to or made available to third 11 parties except as permitted by, and in accordance with, the 12 provisions of this Protective Order. 13 6. Confidential Documents shall be so designated by marking 14 or stamping each page of the Document produced to or received from 15 a Party with the legend "CONFIDENTIAL - SUBJECT PROTECTIVE ORDER" 16 and the Document and Information contained therein shall be deemed 17 to be a Confidential Document or Information pursuant to this 18 Protective Order. 19 7. Testimony 20 documents/information taken at a designated deposition CONFIDENTIAL reflecting pursuant to upon this 21 stipulation may also be designated as CONFIDENTIAL by any Party 22 making a statement to that effect on the record at the deposition 23 or within ten (10) business days of receipt of the transcript. If 24 deposition testimony is to be designated confidential then within 25 10 days of first receipt of a transcript, or longer time period 26 agreed to by counsel in writing when necessary due to the length of 27 a transcript, the designating party shall send all other parties a 28 designation in letter form stating by specific citation to page and -3- Case 2:17-cv-01767-JAD-NJK Document 25 Filed 01/26/18 Page 4 of 10 1 line numbers the part being designated as confidential under this 2 Agreement. Additionally, the designating party shall send a copy 3 of the designating letter to the court reporter requesting that it 4 be placed with any transcript of the designated deposition. 5 8. CONFIDENTIAL Documents and Information shall be maintained 6 in strict confidence by the Parties who receive such Documents and 7 Information, shall only be used for the purpose of prosecution, 8 defense, or settlement of this action, and for no other purpose, and 9 shall not be disclosed to any person except: 10 (a) to the Court, including any appellate Court, so 11 long as the Document or Information is submitted under seal, 12 if required; 13 (b) to the attorneys of record in this Litigation (and 14 other assisting attorneys in the same firm) and paralegal, 15 clerical, and secretarial staff employed by such counsel or 16 CCSD’s Legal Office; 17 (c) a Party, or an officer, director, agent, or 18 employee of a Party deemed necessary by counsel to aid in the 19 prosecution, defense, or settlement of this action; 20 (d) subject to the terms of Paragraph 9 below, experts 21 or consultants (and their clerical staff) consulted and/or 22 retained 23 defense, or settlement of this action; by such counsel to assist in the prosecution, 24 (e) court reporter(s) employed in this action; 25 (f) 26 proceeding; and 27 9. witnesses at any deposition or pre-trial court With respect to experts pursuant to Paragraphs 8(d) above, the 28 expert or other person must be provided a copy of this Protective -4- Case 2:17-cv-01767-JAD-NJK Document 25 Filed 01/26/18 Page 5 of 10 1 Order and must sign a certification acknowledging that he/she has 2 carefully and completely read, understands, and agrees to be bound 3 by this Protective Order. The Party on whose behalf such a 4 certification is signed shall retain the original certification. the Court and its staff, 5 10. Any person other than a Party, counsel for a Party, or a 6 direct employee of such counsel/CCSD’s Legal Office, having access 7 to CONFIDENTIAL Documents or Information pursuant to paragraph 8, 8 shall be provided a copy of this Protective Order by the Party 9 providing access to the CONFIDENTIAL Document or Information. Such 10 persons shall be bound by this Protective Order and shall not 11 disclose the CONFIDENTIAL Document or Information to any persons not 12 authorized under state or federal law or order of this Court to 13 receive such Document or Information. Furthermore, any such person 14 shall sign a statement of confidentiality prior to being furnished 15 with any such CONFIDENTIAL Document or Information. 16 11. All designations of Documents and Information as 17 CONFIDENTIAL must be made in good faith. 18 12. If any Party includes in papers to be filed with the 19 Court: (i) a Document or Information designated or deemed as 20 CONFIDENTIAL, or (ii) information solely derived from a Document or 21 Information designated or deemed as CONFIDENTIAL, such papers, or See order issued 22 the confidential portion thereof, shall be filed under seal in concurrently herewith 23 accordance with Local Rule 10-5(b) and the Ninth Circuit's decision 24 in Kamakana v. City and County of Honolulu, 447 F3d 1172 (9th 10 25 Cir. 2006). Hard copies shall be submitted to the Parties in 26 accordance with Local Rule 10-5 and local e-filing instructions. 27 The parties understand that their designation of confidential 28 documents/information is not binding on any court and if a court -5- Case 2:17-cv-01767-JAD-NJK Document 25 Filed 01/26/18 Page 6 of 10 1 orders that such be filed not under seal then such will occur. 2 13. Parties shall also comply with all requirements of Fed. 3 R Civ. P 5.2 with regard to documents that are filed with the Court. 4 14. This Protective Order does not affect access to 5 CONFIDENTIAL Documents or Information by individuals, including 6 employees of the CCSD, who are otherwise authorized by law to have 7 such access. Nor does this Protective Order prevent a Party from 8 revealing CONFIDENTIAL Documents and Information to a person who 9 created or previously received (as an addressee or by way of copy) 10 such Document or Information. 11 15. This Protective Order shall be without prejudice to the 12 right of the Parties (i) to bring before the Court at any time the 13 question of whether any particular Document or Information is, in 14 fact, CONFIDENTIAL or whether its use should be restricted in any 15 manner whatsoever; or (ii) to present a motion to the Court for a 16 separate protective order as to any particular Document or 17 Information, including restrictions differing from those specified 18 herein. 19 16. A Party may object to the designation of particular 20 Document or Information as CONFIDENTIAL by giving written notice to 21 the Party designating the disputed Document or Information. The 22 written notice shall identify the Document or Information to which 23 the objection is made. If the Parties cannot resolve the objection through a meet-and-confer defined by LR IA days 1-3(f) within business afteris notice is received, 24 within tenas(10) business after10the time days the after notice received, 25 it shall be the obligation of the Party designating the Document or 26 Information as CONFIDENTIAL to file an appropriate motion requesting 27 that the Court determine whether the disputed Document or 28 Information should be subject to the terms of this Protective Order. -6- Case 2:17-cv-01767-JAD-NJK Document 25 Filed 01/26/18 Page 7 of 10 1 If such a motion is filed within twenty (20) business days after the 2 date the notice is received, the disputed Document or Information 3 shall be treated as CONFIDENTIAL under the terms of this Protective 4 Order until the Court rules on the motion. If the designating Party 5 fails to file such a motion within the prescribed time, the disputed 6 Document or Information shall lose its designation as CONFIDENTIAL 7 and shall not thereafter be treated as CONFIDENTIAL in accordance 8 with this Protective Order. In connection with a motion filed under 9 this provision, the Party designating the Document or Information 10 as CONFIDENTIAL shall bear the burden of establishing that good 11 cause exists for the disputed Document or Information to be treated 12 as CONFIDENTIAL. 13 17. If documents or information is/are produced not designated 14 CONFIDENTIAL and the receiving party believes such should be 15 confidential under this Stipulated Confidentiality Agreement, the 16 receiving party may within 20 days of the applicable production mark 17 said documents/information CONFIDENTIAL and provide said marked 18 documents/information to the producing party with notice that it 19 believes said documents should be confidential. If such occurs then 20 within ten (10) business days the producing party must inform the 21 receiving party if it will comply with the confidentiality marking 22 of receiving party. If an agreement is not reached, the receiving 23 party may follow the procedure set out in Section 16 above to obtain 24 Court approval for marking said documents/information confidential 25 by filing a motion within ten (10) business days after the 10 days 26 for the producing party to respond has passed, in which case the 27 receiving party will be the party bearing the burden to establish 28 good cause, and pending a decision by the Court said documents shall -7- Case 2:17-cv-01767-JAD-NJK Document 25 Filed 01/26/18 Page 8 of 10 1 be treated as confidential under this Agreement. 2 18. While protected by this Protective Order, any Documents 3 or Information designated as CONFIDENTIAL shall be held in strict 4 confidence by each person to whom it is disclosed; shall be used 5 solely for the purposes of this Litigation; and shall not be used 6 for any other purpose, including, without limitation, use in any 7 other lawsuit. Documents and Information previously produced by the 8 Parties prior to the entry of this Protective Order may be 9 designated CONFIDENTIAL within 30 days after the date of this 10 Protective Order or may be marked “CONFIDENTIAL” at the time of 11 production and if the Court approves this Agreement such documents 12 shall be deemed to fall under these provisions. 13 19. A Party who through inadvertence produces any CONFIDENTIAL 14 Document or Information without designating it as such in accordance 15 with the provisions of this Protective Order shall not be deemed to 16 waive any claim of confidentiality with respect to such Document or 17 Information and the Producing Party may, promptly upon discovery, 18 furnish a substitute copy properly designated along with written 19 notice to all Parties (or written notice alone as to non-documentary 20 Information) that such Document or Information is deemed 21 CONFIDENTIAL and should be treated as such in accordance with the 22 provisions of this Protective Order. Each receiving person must 23 thereafter treat such Document and Information as CONFIDENTIAL in 24 accordance with the notice. Disclosure of such Confidential 25 Document or Information prior to the receipt of such notice shall 26 not be deemed a violation of this Protective Order. A Receiving 27 Party who has disclosed such CONFIDENTIAL Documents or Information 28 prior to the receipt of such notice shall take steps to cure such -8- Case 2:17-cv-01767-JAD-NJK Document 25 Filed 01/26/18 Page 9 of 10 1 disclosure by requesting return of the original document and 2 substituting it with the properly marked one. 3 4 OTHER STIPULATED CONSIDERATIONS 20. If CONFIDENTIAL Documents or Information are contained in 5 any brief or other paper to be filed in the public record of the 6 Court by a Party, the filing party shall comply with any court rule See order issued 7 or local rule, including e-filing rule, with regard to filing sealed concurrently herewith 8 materials, or seeking leave to do so. The filing party shall serve 9 an unredacted hard copy of the filing to the other parties in the 10 case noting the specific parts of the filing that are being asserted 11 as CONFIDENTIAL in an appropriately marked sealed envelope setting 12 forth on its face the case caption, the title of the paper. 13 21. If any Party becomes required by law, regulation, or order 14 of a court or governmental entity to disclose any CONFIDENTIAL 15 Document or Information that has been produced to it under the terms 16 of this Protective Order, such Party will reasonably notify the 17 other Parties, in writing. 18 22. This Protective Order shall be without prejudice to any 19 Party to claim that a Document is protected by the attorney-client 20 privilege, work 21 limitation recognized product doctrine, under or federal any law. other privilege or Determinations of 22 confidentiality and privilege are separate, and nothing in this 23 Protective Order constitutes a waiver of privilege. Nothing in this 24 Protective Order shall be construed as an admission or agreement 25 that any specific Document or Information is or is not CONFIDENTIAL, 26 subject to discovery, relevant, or admissible in evidence in this 27 or any future proceeding. 28 23. Notwithstanding anything to the contrary herein, whenever -9- Case 2:17-cv-01767-JAD-NJK Document 25 Filed 01/26/18 Page 10 of 10 1 a Party deems a Document as CONFIDENTIAL because of a small portion 2 of the Information contained within the Document, that Party shall 3 make a good faith evaluation whether to designate only the 4 confidential portion of the Document as CONFIDENTIAL, instead of the 5 entire Document. If a portion of a Document is designated as 6 CONFIDENTIAL, the Document is not deemed CONFIDENTIAL so long as the 7 designated confidential portion is redacted. 8 24. This Protective Order shall not be deemed to prejudice the 9 Parties in any way in any future application for modification of 10 this Protective Order. 11 IT IS SO STIPULATED. 12 DATED this 26th day of January, 2018. 13 14 CLARK COUNTY SCHOOL DISTRICT Office of the General Counsel 15 LAW OFFICES OF ROBERT P. SPRETNAK 16 By: By: 17 18 19 /s/ S. Scott Greenberg S. SCOTT GREENBERG NV Bar No. 4622 5100 W. Sahara Ave. Las Vegas, NV 89146 Attorneys for Defendant, Clark COUNTY SCHOOL DISTRICT /s/ Robert Spretnak ROBERT SPRETNAK NV Bar No. 5135 8275 S. Eastern Avenue Suite 200 Las Vegas, NV 89123 Attorney for Plaintiffs 20 21 22 23 ORDER The foregoing stipulated Confidentiality Agreement and 24 Protective Order is adopted by the Court and hereby ordered. 25 26 Date: January 29, 2018 ______________________________ U.S DISTRICT COURT JUDGE U.S. MAGISTRATE JUDGE 27 28 - 10 -
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