Hermanson v. Century National Insurance Company, No. 2:2019cv00656 - Document 67 (D. Nev. 2020)
Court Description: ORDER Granting 66 Stipulated Protective Order. Signed by Magistrate Judge Elayna J. Youchah on 6/18/2020. (Copies have been distributed pursuant to the NEF - JQC)
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Hermanson v. Century National Insurance Company 1 2 3 4 6 7 Doc. 67 MICHAEL C. MILLS, ESQ. Nevada Bar No. 003534 BAUMAN LOEWE WITT & MAXWELL 3650 N. Rancho Dr., Ste. 114 Las Vegas, Nevada 89130 Telephone No.: 702-240-6060 Fax No.: 702-240-4267 Email: mmills@blwmlawfirm.com Attorneys for Defendant Century National Insurance Company 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 RODNEY HERMANSON, an individual, Plaintif, 11 12 13 14 15 CASE NO: 2:19-cv-00656-RFB-EJY vs. CENTURY NATIONAL INSURANCE COMPANY, a foreign insurance company, DOES 1-100, and ROES 1-X, inclusive, Defendants. 16 17 18 19 STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER 20 The parties, by their respective counsel, hereby agree to this Stipulation of 21 Confidentiality and Protective Order (this "Order"). To expedite the flow of discovery 22 material, facilitate the prompt resolution of disputes over confidentiality, protect material 23 entitled to be kept confidential, and ensure that protection is aforded only to material 24 entitled to such treatment, the parties agree as follows: 25 I. 26 27 A. DEFINITIONS "Confidential Inormation" is defined herein as a trade secret or other confidential research, evaluation, development or commercial information or material, or 28 STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER 3545803vl - Page 1 of 11 Dockets.Justia.com 1 material that solely involves other parties, the disclosure of which is likely to 2 prejudice the right of one or more parties or non-parties hereto, including 3 information concerning proprietary research and development; business and 4 marketing strategy; regulatory compliance and communication; financial results 5 and projections; employee records; company policies and procedures; and 6 similar documentation which is designated as "Confidential" by the Producing 7 Party (or, in the case of medical records by the party securing the records), 8 whether it be a Document, information contained in a Document, information 9 revealed during a deposition, inormation revealed in an interrogatory answer, 10 etc. In construing the scope of what constitutes "Confidential Inormation" as 11 defined herein, reference is to be made to applicable case law regarding 12 confidential or protected material. 13 B. "Stamped Confidential Document" means any Document which bears the mark 14 "CONFIDENTIAL"- or which shall otherwise have had the mark recorded on it in 15 a way that brings its attention to a reasonable examiner - to signiy that it 16 contains Confidential Information subject to protection under this Order. 17 C. "Document" means all written, recorded, or graphic material, whether produced 18 or created by a party or another person, and whether produced pursuant to 19 subpoena, by agreement, or othewise. Interrogatory answers, responses to 20 requests for admission, deposition transcripts and exhibits, pleadings, motions, 21 afidavits, and briefs that quote, summarize, or contain Confidential Information 22 may be accorded status as a Stamped Confidential Document, but, to the extent 23 feasible, shall be prepared in such a manner that the Confidential Information is 24 bound separately from that not entitled to protection. 25 D. 26 l 27 ll 28 / "Producing Party" means the party that produced the Confidential Information. STIPUATION OF CONFIDENTIALITY AND PROTECTIVE ORDER 3545803vl - Page 2 of 11 1 II. NON-DISCLOSURE OF DOCUMENTS CONTAINING 2 3 CONFIDENTIAL INFORMATION A. Except with the prior written consent of the Producing Party, or as provided in 4 this Order, Confidential Inormation and Stamped Confidential Documents may 5 not be disclosed to any person. 6 B. 7 8 A Producing Party may, in its discretion, disclose its Confidential Inormation and/or designated Stamped Confidential Documents to any person. C. Confidential Information and Stamped Confidential Documents may be disclosed 9 to: 10 (1) The parties, including all employees, agents, third party administrators, 11 insurers and investigators, as well as counsel of record for the parties in 12 this action, including the partners, associates, "contract attorneys," 13 secretaries, paralegal assistants, and employees of such counsel, to the 14 extent reasonably necessary to render professional services in the 15 litigation. (2) 16 17 hearings, arguments, or depositions held in this matter. 18 (3) 19 20 Judges, court reporters, court personnel, or videographers present at trial, Other persons who may be designated by written consent of the Producing Party or pursuant to a court order. D. Subject to sub-paragraph E, Confidential Information and Stamped Confidential 21 Documents may also be disclosed to: 22 (1) 23 Persons noticed for depositions or designated as trial witnesses, to the extent reasonably necessary to prepare such persons to testify; 24 (2) 25 Consultants or experts retained for the purpose of assisting counsel of record in this action; and 26 ll 27 ll 28 ll STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER 3545803vl - Page 3 of 11 1 (3) Third-party contractors retained for the purpose of organizing, filing, 2 coding, converting, storing, or retrieving data or designing database 3 programs for handling Documents. 4 E. Before disclosing Confidential Information or Stamped Confidential Documents to 5 any person pursuant to paragraph D, the party proposing such disclosure shall 6 show a copy of this Order to such person, and he/she shall sign the Undertaking 7 attached as Exhibit 1. 8 F. Beore disclosing Confidential Information or Stamped Confidential Documents 9 pursuant to paragraph D to any person who is a competitor (or an employee of a 10 competitor) of the Producing Party, the party proposing to make such disclosure 11 shall give at least twenty-one (21) days advance notice in writing, which shall 12 identiy the person(s) to whom the disclosure will be made and a detailed 13 explanation of why disclosure to such person(s) is necessary, to counsel or the 14 Producing Party. If, within ourteen (14) days, ater receiving advanced notice, 15 the Producing Party objects in writing to the proposed disclosure, the disclosure 16 shall not be made until the parties have resolved the matter or the court has ruled 17 on it. The party seeking to disclose any Confidential Inormation without 18 obtaining an Undertaking as provided for as Exhibit 1 of this Order shall have the 19 obligation to go forward and obtain approval from the court prior to making to 20 make such a disclosure. At any hearing regarding a dispute over the confidential 21 nature of any information designated as Confidential Inormation, the Producing 22 Party which has identified the information as Confidential Information shall have 23 the burden to prove by a preponderance of evidence that the confidential nature 24 of any such information. 25 G. A recipient of Confidential Information and/or Stamped Confidential Documents 26 shall exercise due care to restrict access to those persons described in ll(C)(1). 27 Any summary, copy of, or excerpt from a Stamped Confidential Document shall 28 be subject to this Order to the same extent as the Stamped Confidential STIPUATION OF CONFIDENTIALITY AND PROTECTIVE ORDER 3545803vl - Page 4 of 11 - 1 Document itself, and must be labeled as Confidential. A recipient shall not 2 duplicate any Stamped Confidential Document or excerpt therefrom except for 3 use as working copies and or filing in court. 4 5 Ill. 6 A party may challenge, by motion, the propriety of a confidential designation at DECLASSIFICATION OF STAMPED CONFIDENTIAL DOCUMENT 7 any time within 90 days of the production of the Confidential Inormation and/or 8 Stamped Confidential Document. If a Document is declassified either by agreement of 9 the paties or by a court order, the terms of this Order will no longer apply to future 10 handling or production or dissemination of declassified Documents. 11 12 13 IV. A. CONFIDENTIAL INFORMATION IN DEPOSITIONS A deponent, other than a current employee of the Producing Party, shall be 14 shown a copy of this Order and shall be asked to sign the undertaking attached 15 as Exhibit 1 before being shown or examined about Confidential Information 16 and/or Stamped Confidential Documents, except that any deponent may be 17 shown and examined about Stamped Confidential Documents or other 18 Documents without being shown this Order and being asked to sign the 19 undertaking if the Document reflects that the deponent was the author or 20 recipient. Regardless of whether a deponent signs the undertaking, this Order 21 shall apply to any deponent who is shown or examined about Confidential 22 Information and/or Stamped Confidential Documents. 23 8. Parties and deponents, may, within 45 days ater receiving the deposition 24 transcript from the cout reporter, designate pages of the transcript (and exhibits 25 thereto) as confidential by underlining or othewise designating the potions of 26 the pages that are confidential. The paties and the court repoter shall 27 thereater mark such pages in all copies of the transcript with the following 28 legend, "CONFIDENTIAL - SUBJECT TO CONFIDENTIALITY ORDER." Upon STIPUATION OF CONFIDENTIALITY AND PROTECTIVE ORDER 3545803vl - Page 5 of 11 1 expiration of the 45-day period, the entire deposition will be treated as subject to 2 this Order. If the deposition transcript is filed and a timely designation made, the 3 confidential portions and exhibits shall be filed under seal. 4 5 V. SUBPOENA FOR STAMPED CONFIDENTIAL DOCUMENTS If Stamped Confidential Documents or other Documents containing Confidential 6 7 Information are subpoenaed by any person, court, administrative or legislative body, the 8 party to whom the subpoena is directed shall not, to the extent permitted by applicable 9 law, provide or othewise disclose such Documents or information until twenty-one (21) 10 days ater giving counsel for the Producing Party notice in writing of the subpoena, 11 accompanied by a copy of the subpoena. If the Producing Party objects to the 12 subpoena, the party to whom the subpoena is directed agrees not to produce 13 Documents in response to it until the resolution of the objection by the appropriate court. 14 VI. 15 16 17 FILING AND USE OF STAMPED CONFIDENTIAL DOCUMENTS FOR PRETRIAL PURPOSES A. Stamped Confidential Documents shall be filed under seal and shall remain 18 sealed in the Clerk's ofice so long as they retain their status as Stamped 19 Confidential Documents. 20 B. To the extent that any party wishes to use Stamped Confidential Documents 21 during a hearing in this action, such party agrees to notiy the Producing Party 22 and the court at least fourteen (14) days in advance of the hearing so that the 23 hearing can be conducted in camera, and agrees to submit any Stamped 24 Confidential Documents to the court or its in camera inspection. In the event 25 that, during any hearing in which a party submits Stamped Confidential 26 Documents, the court cannot ensure the continued confidentiality of such 27 information, or any party or person objects to the procedures set forth in this 28 paragraph, the parties agree to the entry of a temporary sealing order until a STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER 3545803vl - Page 6 of 11 1 motion to seal court records permanently is filed and ruled upon. Any transcript 2 of an in camea hearing shall be treated as confidential pursuant to this Order 3 4 VII. 5 6 USE OF CONFIDENTIAL INFORMATION AT TRIAL Use of Confidential Information and/or Stamped Confidential Documents at trial shall be determined by subsequent agreement of the parties or an order of court. 7 8 VIII. PROPER USE OF CONFIDENTIAL INFORMATION Persons obtaining access to Confidential Inormation and/or Stamped 9 10 Confidential Documents pursuant to this Order shall use the inormation for preparation 11 and trial of this litigation only - including appeals and retrials - and shall not use such 12 information for any other purpose, including business, governmental, commercial, or 13 administrative or judicial proceedings. Should any Person wish to attach a Stamped 14 Confidential Document to a Pleading or any like document to be filed of record or 15 served in this case, it must first be brought to the attention of the court that the 16 documents must be filed under seal. 17 18 IX. 19 NON-TERMINATION The provisions of this Order shall not terminate at the conclusion of this action. 20 Within 120 days ater final conclusion of all aspects of this litigation, all Documents, 21 including Stamped Confidential Documents, and all copies of same (other than exhibits 22 of record), shall be returned to the party or person which produced such documents or, 23 at the option of the Producing Party, destroyed. All counsel of record shall make 24 certification of compliance herewith and shall deliver the same to counsel for the 25 Producing party not more than 150 days ater final termination of this litigation. 26 27 28 STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER 3545803vl - Page 7 of 11 X. 1 2 MODIFICATION PERMITTED Nothing in this Order shall prevent any party or other person from objecting to 3 discovery that it believes to be otherwise improper or from seeking modification of this 4 Order, including further provisions or categories of Documents requiring heightened 5 protection. 6 7 8 XI. A. 9 INADVERTENT DISCLOSURE Any inadvertent disclosure of confidential, proprietary, or privileged material will not be construed as a waiver, in whole or in part, of (1) the Producing Party's 10 claims of confidentiality or privilege either as to the specific information 11 inadvertently or unintentionally disclosed or more generally as to the subject 12 matter of the inormation disclosed, or (2) the party's right to designate the 13 material as confidential pursuant to this Order. A written representation by 14 counsel for the Producing Party that the disclosure was inadvertent shall be 15 deemed prima facie evidence of that fact. 16 B. 17 The Producing Party shall promptly notiy the other party of an inadvertent disclosure ollowing discovery of the inadvertent production, and that other party 18 (i) shall in the case of a privileged Document, return the inadvertently disclosed 19 Document forthwith, as well as any and all copies; or (ii) in the case of a 20 confidential, proprietary Document, shall mark it and all copies, "CONFIDENTIAL 21 - SUBJECT TO CONFIDENTIALITY ORDER." In the event that the other paty 22 cannot comply with these requirements - because, for example, the inadvertently 23 produced Document has been given to a third party - the other party shall 24 provide the Producing Party with the name, address, and telephone number of 25 such person(s) as well as the date of and reason for the transmission of the 26 Document. 27 C. 28 Notice of inadvertent disclosure shall apply to all copies of the Document inadvertently disclosed including Documents inadvertently produced in cases STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER 3545803vl - Page 8 of 11 1 other than Case No: 2:19-cv-00656-RFB-EJY (such that inadvetent disclosure 2 of a confidential or privileged Document in another jurisdiction shall not constitute 3 a waiver of privilege under this Order.) 4 5 6 7 STIPULATED AND AGREED TO ,vY: ,/ Dated this _lu,r v_day of May 2020. l ._ Dated this day of 2020. Hall Jafe & Clayton, LLP Bauman Loewe Witt & Maxwell, LLC Cou sel or Plaintif, Ro ney Hermanson Michael C. ills, sq. 3650 N. Rancho Dr., Ste. 114 Las Vegas, NV 89130 Phone: 702-240-6060 Fax: 702-240-4267 Counsel for Defendant, Century National Insurance Company 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPUATION OF CONFIDENTIALITY AND PROTECTIVE ORDER 3545803vl - Page 9 of 11 - 1 EXHIBIT 1 2 UNDERTAKING PURSUANT TO CONFIDENTIALITY ORDER 3 4 5 6 STATE OF NEVADA COUNTY OF CLARK ) ) ) ss I, Michael Hall, Esq. the undersigned, declare and say: 7 1. 8 9 10 I am the attorney for Plaintif Rodney Hermanson. I am employed by Hall Jafe & Clayton, LLP. My business address is 7425 Peak Dr., Las Vegas, NV, 89128, telephone number 702-316-4111. 11 12 13 2. I have read and understand the Stipulation of Confidentiality and Protective Order (the "Order"). 14 15 3. I understand that I may be receiving Confidential Information and/or 16 Stamped Confidential Documents, as defined in the Order, and by executing this 17 Undertaking I agree to be bound by all the provisions of the Order. I agree not to 18 disclose Confidential Information or Stamped Confidential Documents to any person not 19 entitled to receive it and agree not to use such information except in connection with this 20 litigation. 21 4 22 I am informed and understand, and thereore acknowledge, that I may be 23 subject to contempt of court or any other penalties authorized by law or statute if I fail to 24 comply with each of the provisions of the Order. 25 5. 26 27 I consent to and accept, generally and unconditionally, the jurisdiction of the U.S. District Court District of Nevada, in the matter entitled Rodney Hermanson v. 28 STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER 3545803vl - Page 10 of 11 1 Centuy National Insurance Company, Case No.: 2:19-cv-00656-RFB-EJY for the 2 enorcement of the provisions of the Order. 3 I declare under penalty of perjury that the oregoing is true and correct. 4 Executed on --------- at ------------- 5 6 7 8 9 Declarant Subscribed and sworn to before me this ___ day of _______ , 2020. 10 11 12 13 Notay Public My Commission Expires: 14 ORDER 15 The Court having considered the Stipulation of the parties, and good cause 16 appearing, the Court hereby orders the entry of the Protective Order on the terms and 17 conditions provided for above. 18 DATED this 18th day of June, 2020. 19 20 21 UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26. 27 28 STIPULATION OF CONFIDENTIALITY AND PROTECTIVE ORDER 3545803vl - Page 11 of 11 -
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