Nguyen v. LVMPD/CCDC et al, No. 2:2018cv01717 - Document 106 (D. Nev. 2021)
Court Description: ORDER Granting 103 Stipulated Protective Order. Signed by Magistrate Judge Brenda Weksler on 5/18/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Nguyen v. LVMPD/CCDC et al Doc. 106 Case 2:18-cv-01717-RFB-BNW Document 103 Filed 05/13/21 Page 1 of 8 1 2 3 STEVEN T. JAFFE, ESQ. Nevada Bar No. 7035 sjaffe@lawhjc.com TAYLOR R. ANDERSON, ESQ. Nevada Bar No. 15136C tanderson@lawhjc.com 4 5 HALL JAFFE & CLAYTON, LLP 7425 Peak Drive Las Vegas, Nevada 89128 (702) 316-4111 Fax (702) 316-4114 6 7 8 Attorneys for Defendant U.S. Corrections, LLC 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 DUKE THOMAS NGUYEN, 13 CASE NO. 2:18-cv-01717-RFB-BNW Plaintiff, STIPULATED PROTECTIVE ORDER 14 v. 15 U.S. CORRECTIONS, LLC, a Foreign Limited Liability Company; JACOB EVETTS, an Individual; RYAN RIVERA, an Individual; ZACHARY BRANDON, an Individual; MICHAEL COLEMAN, an Individual; TRANSPORTATION EMPLOYEES DOES 1-10; DOES 11-99, inclusive; ROE CORPORATIONS 100-199, inclusive, 16 17 18 19 Defendants. 20 21 One or more of the parties has requested the production of documents or information 22 that at least one party considers to be or to contain confidential information, and that are 23 subject to protection under Federal Rule of Civil Procedure 26(c). 24 The parties agree that good cause exists to protect the confidential nature of the 25 information contained in documents, interrogatory responses, responses to requests for 26 admission, or deposition testimony. This action concerns claims that a prisoner was injured 27 28 1 Dockets.Justia.com Case 2:18-cv-01717-RFB-BNW Document 103 Filed 05/13/21 Page 2 of 8 1 while being transported and so issues of security, protocols for transports, and the employees 2 involved in those sensitive matters will be subject to discovery. The parties agree that the entry 3 of this Stipulated Protective Order ("Protective Order") is warranted to protect against 4 disclosure of such documents and information. 5 6 7 Based upon the above stipulation of the parties, and the Court being duly advised, IT IS HEREBY ORDERED as follows: 1. All documents, testimony, and other materials produced by the parties in this 8 case and labeled "Confidential" or "Attorneys' Eyes Only" shall be used only in this 9 proceeding. 10 2. Use of any information or documents labeled "Confidential" or "Attorneys' Eyes 11 Only" and subject to this Protective Order, including all information derived therefrom, shall 12 be restricted solely to the litigation of this case and shall not be used by any party for any 13 business, commercial, or competitive purpose. This Protective Order, however, does not 14 restrict the disclosure or use of any information or documents lawfully obtained by the 15 receiving party through means or sources outside of this litigation. Should a dispute arise as to 16 any specific information or document, the burden shall be on the party claiming that such 17 information or document was lawfully obtained through means and sources outside of this 18 litigation. 19 3. The parties, and third parties subpoenaed by one of the parties, may designate as 20 "Confidential" or "Attorneys' Eyes Only" documents, testimony, written responses, or other 21 materials produced in this case if they contain information that the producing party has a good 22 faith basis for asserting is confidential under the applicable legal standards. The party shall 23 designate each page of the document with a stamp identifying it as "Confidential" or 24 "Attorneys' Eyes Only," if practical to do so. 25 4. If portions of documents or other materials deemed "Confidential" or "Attorneys' 26 Eyes Only" or any papers containing or making reference to such materials are filed with the 27 Court, they shall be filed under seal and marked as follows or in substantially similar form: 28 2 Case 2:18-cv-01717-RFB-BNW Document 103 Filed 05/13/21 Page 3 of 8 1 CONFIDENTIAL 2 IN ACCORDANCE WITH A PROTECTIVE ORDER, THE ENCLOSURE(S) SHALL BE TREATED AS CONFIDENTIAL AND SHALL NOT BE SHOWN TO ANY PERSON OTHER THAN THOSE PERSONS DESIGNATED IN PARAGRAPH 7 OF THE PROTECTIVE ORDER. 3 4 5 or ATTORNEYS' EYES ONLY 6 IN ACCORDANCE WITH A PROTECTIVE ORDER, THE ENCLOSURE(S) SHALL BE TREATED AS FOR ATTORNEYS' EYES ONLY AND SHALL NOT BE SHOWN TO ANY PERSON OTHER THAN THOSE PERSONS DESIGNATED IN PARAGRAPH 8 OF THE PROTECTIVE ORDER. 7 8 9 If a party is filing a document that it has itself designated as "Confidential" or "Attorneys' Eyes 10 Only," that party shall reference this Stipulated Protective Order in submitting the documents 11 it proposes to maintain under seal. If a non-designating party is filing a document that another 12 party has designated as "Confidential" or "Attorneys' Eyes Only," then the non-designating 13 party shall file the document under seal. If the non-designating party makes a request in 14 writing to have the document unsealed and designating party does not file, within ten calendar 15 days, a motion that shows good cause to maintain the document under seal, then the Court 16 shall unseal the document. Before seeking to maintain the protection of documents filed with 17 the Court, a party must assess whether redaction is a viable alternative to complete 18 nondisclosure. 19 5. Within thirty (30) days after receipt of the final transcript of the deposition of 20 any party or witness in this case, a party or the witness may designate as "Confidential" or 21 "Attorneys' Eyes Only" any portion of the transcript that the party or witness contends 22 discloses confidential information. If a transcript containing any such material is filed with the 23 Court, it shall be filed under seal and marked in the manner described in paragraph 4. Unless 24 otherwise agreed, all deposition transcripts shall be treated as "Confidential" until the 25 expiration of the thirty-day period. 26 27 6. "Confidential" or "Attorneys' Eyes Only" information and documents subject to this Protective Order shall not be filed with the Court or included in whole or in part in 28 3 Case 2:18-cv-01717-RFB-BNW Document 103 Filed 05/13/21 Page 4 of 8 1 pleadings, motions, briefs, etc., filed in this case, except when any portion(s) of such 2 pleadings, motions, briefs, etc. have been filed under seal by counsel and marked in the same 3 manner as described in paragraph 4 above. Such sealed portion(s) of pleadings, motions, 4 briefs, documents, etc., shall be opened only by the Court or by personnel authorized to do so 5 by the Court. 6 7. Use of any information, documents, or portions of documents marked 7 "Confidential," including all information derived therefrom, shall be restricted solely to the 8 following persons, who agree to be bound by the terms of this Protective Order, unless 9 additional persons are stipulated by counsel or authorized by the Court: 10 a. Outside counsel of record for the parties, and the administrative staff of outside 11 counsel's firms. 12 b. 13 counsel. 14 c. 15 officer, or manager of any party to this action who is not an individual, but only to the 16 extent necessary to further the interest of the parties in this litigation. 17 d. 18 employees of the firm which employs such consultant or expert) retained by a party or 19 its attorneys for purposes of this litigation, but only to the extent necessary to further the 20 interest of the parties in this litigation. 21 e. 22 regularly employed by the Court and stenographic reporters not regularly employed by 23 the Court who are engaged by the Court or the parties during the litigation of this action, 24 f. The authors and the original recipients of the documents. 25 g. Any court reporter or videographer reporting a deposition. In-house counsel for the parties, and the administrative staff for each in-house Any party to this action who is an individual, and every employee, director, Independent consultants or expert witnesses (including partners, associates and The Court and its personnel, including, but not limited to, stenographic reporters 26 27 28 4 Case 2:18-cv-01717-RFB-BNW Document 103 Filed 05/13/21 Page 5 of 8 1 h. 2 firms and/or translators who are engaged by the parties during the litigation of this 3 action. 4 8. Employees of copy services, microfilming or database services, trial support Use of any information, documents, or portions of documents marked 5 "Attorneys' Eyes Only," including all information derived therefrom, shall be restricted solely 6 to the persons listed in paragraphs 7(a), 7(b), 7(d), 7(e), 7(g) and 7(h), unless additional 7 persons are stipulated by counsel or authorized by the Court. 8 9 9. Prior to being shown any documents produced by another party marked "Confidential" or "Attorneys' Eyes Only," any person listed under paragraph 7(c) or 7(d). 10 shall agree to be bound by the terms of this Order by signing the agreement attached as Exhibit 11 A. 12 10. Whenever information designated as "Confidential" or "Attorneys' Eyes Only" 13 pursuant to this Protective Order is to be discussed by a party or disclosed in a deposition, 14 hearing, or pre-trial proceeding, the designating party may exclude from the room any person, 15 other than persons designated in paragraphs 7 and 8, as appropriate, for that portion of the 16 deposition, hearing or pre-trial proceeding. 17 11. Each party reserves the right to dispute the confidential status claimed by any 18 other party or subpoenaed party in accordance with this Protective Order. If a party believes 19 that any documents or materials have been inappropriately designated by another party or 20 subpoenaed party, that party shall confer with counsel for the designating party. As part of 21 that conferral, the designating party must assess whether redaction is a viable alternative to 22 complete non-disclosure. If the parties are unable to resolve the matter informally, a party 23 may file an appropriate motion before the Court requesting that the Court determine whether 24 the Protective Order covers the document in dispute. Regardless of which party files the 25 motion, the party seeking to protect a document from disclosure bears the burden of 26 establishing good cause for why the document should not be disclosed. A party who disagrees 27 28 5 Case 2:18-cv-01717-RFB-BNW Document 103 Filed 05/13/21 Page 6 of 8 1 with another party's designation must nevertheless abide by that designation until the matter is 2 resolved by agreement of the parties or by order of the Court. 3 12. The inadvertent failure to designate a document, testimony, or other material as 4 "Confidential" or "Attorneys' Eyes Only" prior to disclosure shall not operate as a waiver of 5 the party's right to later designate the document, testimony, or other material as "Confidential" 6 or "Attorneys' Eyes Only." The receiving party or its counsel shall not disclose such 7 documents or materials if that party or counsel knows or reasonably should know that a claim 8 of confidentiality would be made by the producing party. Promptly after receiving notice from 9 the producing party of a claim of confidentiality, the receiving party or its counsel shall inform 10 the producing party of all pertinent facts relating to the prior disclosure of the newly- 11 designated documents or materials, and shall make reasonable efforts to retrieve such 12 documents and materials and to prevent further disclosure. 13 13. Designation by either party of information or documents as "Confidential" or 14 "Attorneys' Eyes Only," or failure to so designate, will not be constitute an admission that 15 information or documents are or are not confidential or trade secrets. Neither party may 16 introduce into evidence in any proceeding between the parties, other than a motion to 17 determine whether the Protective Order covers the information or documents in dispute, the 18 fact that the other party designated or failed to designate information or documents as 19 "Confidential" or "Attorneys' Eyes Only." 20 14. Upon the request of the producing party or third party, within 30 days after the 21 entry of a final judgment no longer subject to appeal on the merits of this case, or immediately 22 prior to the execution of any agreement between the parties to resolve amicably and settle this 23 case and the exchange of such settlement funds, the parties and any person authorized by this 24 Protective Order to receive confidential information shall return to the producing party or third 25 party all information and documents subject to this Protective Order. Returned materials shall 26 be delivered in sealed envelopes marked "Confidential" to respective counsel. The party 27 requesting the return of materials shall pay the reasonable costs of responding to its request. 28 6 Case 2:18-cv-01717-RFB-BNW Document 103 Filed 05/13/21 Page 7 of 8 1 15. This Protective Order shall not constitute a waiver of any party's or non- party's 2 right to oppose any discovery request or object to the admissibility of any document, 3 testimony or other information. 4 16. Nothing in this Protective Order shall prejudice any party from seeking 5 amendments to expand or restrict the rights of access to and use of confidential information, or 6 other modifications, subject to order by the Court. 7 17. The restrictions on disclosure and use of confidential information shall survive 8 the conclusion of this action and this Court shall retain jurisdiction of this action after its 9 conclusion for the purpose of enforcing the terms of this Protective Order. 10 11 12 13 14 15 16 17 18 So stipulated: Dated this 13th day of May, 2021 Dated this 13th day of May, 2021 HALL JAFFE & CLAYTON, LLP THE GALLIHER LAW FIRM /s/ Taylor R. Anderson Taylor R. Anderson, Esq. Nevada Bar Number 15136 7425 Peak Drive Las Vegas, Nevada 89128 Attorneys for Defendants U.S. Corrections, LLC, Jacob Evetts, Ryan Rivera, Zachary Brandon, and Michael Coleman /s/_Keith E. Galliher__________ Keith E. Galliher, Jr., Esq. Nevada Bar Number 220 1850 E. Sahara Avenue, Suite 107 Las Vegas, Nevada 89104 Attorney for Plaintiff 19 20 The Court has reviewed the reasons offered in support of entry of this Stipulated 21 Protective Order and finds that there is good cause to protect the confidential nature of certain 22 information. Accordingly, the Court adopts the above Stipulated Protective Order in this 23 action. 24 IT IS SO ORDERED. 5/18/2021 Dated: ____________ 25 26 ____________________________________ UNITED STATES MAGISTRATE JUDGE 27 28 7 Case 2:18-cv-01717-RFB-BNW Document 103 Filed 05/13/21 Page 8 of 8 1 EXHIBIT A 2 I,____________________________, have been advised by counsel of record for 3 _______________________________ in Nguyen v. US Corrections, LLC, CASE NO. 2:18- 4 cv-01717-RFB-BNW of the protective order governing the delivery, publication, and 5 disclosure of confidential documents and information produced in this litigation. I have read a 6 copy of the protective order and agree to abide by its terms. 7 8 9 10 11 12 _______________________________________ SIGNED _______________________________________ PRINTED _______________________________________ Dated 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8
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