Bobiles v. Las Vegas Review-Journal, Inc. et al, No. 2:2019cv00287 - Document 24 (D. Nev. 2019)
Court Description: ORDER granting 23 Stipulated Protective Order; Signed by Magistrate Judge Elayna J. Youchah on 9/4/2019. (Copies have been distributed pursuant to the NEF - JM)
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Bobiles v. Las Vegas Review-Journal, Inc. et al 1 2 3 4 5 Doc. 24 MELANIE A. HILL, ESQ. Nevada Bar No. 8796 MELANIE HILL LAW PLLC 520 S. 7th Street, Suite A Las Vegas, NV 89101 Tel: (702) 362-8500 Fax: (702) 362-8505 Email: Melanie@MelanieHillLaw.com Attorney for Plaintiff Rina K. P. Bobiles 6 7 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 RINA K. P. BOBILES, an individual and resident of Nevada, 14 15 16 17 [PROPOSED] STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND DOCUMENTS Plaintiff, 13 Case No.: 2:19-cv-00287-JAD-EJY v. LAS VEGAS REVIEW-JOURNAL, INC., a Delaware Corporation, GATEHOUSE MEDIA LLC, a Delaware Corporation, STEPHENS MEDIA, LLC, a Nevada Limited Liability Company, DOES I through X; and ROE BUSINESS ENTITIES I through X, inclusive, 18 Defendants. 19 20 I. 21 22 23 24 25 26 27 8 STIPULATION In order to protect the confidentiality of confidential information obtained by the parties in connection with this case, the parties hereby stipulate and agree as follows: 1. Any party or non-party may designate as “CONFIDENTIAL” (by stamping the relevant page or other otherwise set forth herein) any document or response to discovery which that party or nonparty considers in good faith to contain confidential information including medical records, portions of employee personnel files, trade secrets, or confidential business or financial information, subject to protection under the Federal Rules of Civil Procedure or Nevada law Dockets.Justia.com 1 (hereinafter “Confidential Information”). Where a document or response consists of more than one 2 page, the first page and each page on which confidential information appears shall be so marked with 3 the designation “CONFIDENTIAL”). 4 2. A party or non-party may designate information disclosed during a deposition in 5 response to written discovery as “CONFIDENTIAL” by so indicating in said response or on the record 6 at the deposition and requesting the preparation of a separate transcript of such material. Additionally, 7 a party or non-party may designate in writing, within twenty (20) days after receipt of said responses 8 or of the deposition transcript for which the designation is proposed, that specific pages of the 9 transcript and/or specific responses be treated as “CONFIDENTIAL.” Any other party may object to 10 such proposal, in writing or on the record. Upon such objection, the parties shall follow the procedures 11 described in paragraph 8 below. After any designation made according to the procedure set forth in 12 this paragraph, the designated documents or information shall be treated according to the designation 13 until the matter is resolved according to the procedures described in paragraph 8 below, and counsel 14 for the designating party shall be responsible for marking all previously unmarked copies of the 15 Confidential Information that they seek to designate as “CONFIDENTIAL” and reserving the 16 Confidential Information with the “CONFIDENTIAL designation. 17 3. Except with the prior written consent of other parties, or upon prior order of this Court 18 obtained upon notice to opposing counsel, Confidential Information marked “CONFIDENTIAL” shall 19 not be disclosed to any person other than: 20 21 a) counsel for the respective parties to this litigation, including in-house counsel and co-counsel retained for this litigation; 22 b) employees of such counsel; 23 c) the plaintiff, individual defendants, class representatives, any officer or 24 employee of a party, to the extent deemed necessary by counsel for the prosecution or defense of this 25 litigation; 26 d) consultants or expert witnesses retained for the prosecution or defense of this 27 litigation, provided that each such person shall execute a copy of the Certification annexed to the 28 Stipulated Protective Order Regarding Confidential Information and Documents as Exhibit “A” 1 (which shall be retained by counsel to the party so disclosing the Confidential Information and made 2 available for inspection by opposing counsel during the pendency or after the termination of the action 3 only upon good cause shown and upon order of the Court) before being shown or given any 4 Confidential Information and provided that if the party chooses a consultant or expert employed by 5 the parties, the party shall notify the opposing party, or designating nonparty, before disclosing any 6 Confidential Information to that individual and shall give the opposing party an opportunity to move 7 for a protective order preventing or limiting such disclosure; 8 e) any authors or recipients of the Confidential Information; 9 f) the Court, Court personnel, and court reporters; and witnesses (other than persons 10 described in paragraph 4(e)). A witness shall sign the Certification before being shown a confidential 11 document. Confidential Information may be disclosed to a witness who will not sign the Certification 12 only in a deposition at which the party who designated the Confidential Information is represented or 13 has been given notice that Confidential Information shall be designated “CONFIDENTIAL” pursuant 14 to paragraph 2 above. Witnesses shown Confidential Information shall not be allowed to retain copies. 15 4. Any persons receiving Confidential Information shall not reveal or discuss such 16 Confidential Information to or with any person who is not entitled to receive such Confidential 17 Information, except as set forth herein. 18 5. No party or non-party shall file or submit for filing as part of the court record any 19 documents under seal without first obtaining leave of court. Notwithstanding any agreement among 20 the parties, the party seeking to file a paper under seal bears the burden of overcoming the presumption 21 in favor of public access to papers filed in court. 22 6. A party may designate as “CONFIDENTIAL” documents or discovery materials 23 produced by a non-party by providing written notice to all parties of the relevant document numbers 24 or other identification within thirty (30) days after receiving such documents or discovery materials. 25 Any party or non-party may voluntarily disclose to others without restriction any Confidential 26 Information designated by that party or non-party as “CONFIDENTIAL”, although a document may 27 lose its “CONFIDENTIAL” status if it is made public. 28 1 7. If a party contends that any material is not entitled to “CONFIDENTIAL” treatment, 2 such party may at any time give written notice to the party or non-party who designated the material. 3 The party or non-party who designated the material shall have twenty-five (25) days from the receipt 4 of such written notice to apply to the Court for an order designating the material as 5 “CONFIDENTIAL.” The party or non-party seeking the order has the burden of establishing that the 6 document is entitled to protection as Confidential Information. 7 8. Notwithstanding any challenge to the designation of material as Confidential 8 Information, all documents shall be treated as “CONFIDENTIAL” and shall be subject to the 9 provisions hereof unless and until one of the following occurs: 10 11 a) the party or non-party claiming that the material is Confidential Information withdraws such designation in writing; or 12 b) the party or non-party claiming that the material is Confidential Information 13 fails to apply to the Court for an order designating the material “CONFIDENTIAL” within the time 14 period specified above after receipt of a written challenge to such designation; or 15 16 c) 9. the Court rules the material is not “CONFIDENTIAL.” All provisions of this Order restricting the communication or use of Confidential 17 Information shall continue to be binding after the conclusion of this action, unless otherwise agreed 18 or ordered. Upon conclusion of the litigation, a party in the possession of Confidential Information, 19 other than that which is contained in pleadings, correspondence, and deposition transcripts, shall either 20 21 a) return such documents no later than thirty (30) days after conclusion of this action to counsel for the party or non-party who provided such information, or 22 b) destroy such documents within the time period upon consent of the party who 23 provided the Confidential Information and certify in writing within thirty (30) days that the documents 24 have been destroyed. 25 10. 26 documents at trial. 27 28 The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use of 1 11. Nothing herein shall be deemed to waive any applicable privilege or work product 2 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 3 protected by privilege or work product protection. 4 12. Any witness or other person, firm, or entity from which discovery is sought may be 5 informed of and may obtain the protection of this Stipulated Protective Order Regarding Confidential 6 Information and Documents by written advice to the parties’ respective counsel or by oral advice at 7 the time of any deposition or similar proceeding. 8 Dated: August 30, 2019 Dated: August 30, 2019 /s/ Melanie A. Hill MELANIE A. HILL, ESQ. MELANIE HILL LAW PLLC /s/ Kelsey E. Stegall MONTGOMERY Y. PAEK, ESQ. KELSEY E. STEGALL, ESQ. LITTLER MENDELSON, P.C. Attorneys for Plaintiff RINA K.P. BOBILES Attorneys for Defendants LAS VEGAS REVIEW-JOURNAL, INC., GATEHOUSE MEDIA LLC, and STEPHENS MEDIA, LLC 9 10 11 12 13 14 15 16 17 18 ORDER 19 20 IT IS SO ORDERED. 21 22 September 4 Dated: _____________________, 2019. 23 24 25 26 27 28 _______________________________________ UNITED STATES MAGISTRATE JUDGE 1 2 EXHIBIT A 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A CERTIFICATION 1 2 I hereby certify my understanding that Confidential Information is being provided to me 3 pursuant to the terms and restrictions of the Stipulated Protective Order Regarding Confidential 4 Information and Documents [ECF No. ___] dated _____________________________, in Rina K.P. 5 Bobiles v. Las Vegas Review-Journal, Inc., et. al., Case No. 2:19-cv-00287-JAD-EJY (hereinafter “Protective Order”). I have been given a copy of the Protective Order and read it. I agree to be bound 6 by the order. I will not reveal the Confidential Information marked “CONFIDENTIAL” to anyone, 7 except as allowed by the Protective Order. I will maintain all such Confidential Information – 8 including copies, notes, or other transcriptions made therefrom – in a secure manner to prevent 9 unauthorized access to it. No later than thirty (30) days after the conclusion of this action, I will return 10 the Confidential Information – including copies, notes or other transcriptions made therefrom – to the 11 12 counsel who provided me the Confidential Information. I hereby consent to the jurisdiction of the United States District Court for the District of Nevada for the purpose of enforcing the Protective Order. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated on this ____ day of ____________________, __________.
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