Ross-Nash v. Almond, No. 2:2019cv00957 - Document 15 (D. Nev. 2019)
Court Description: ORDER granting 14 Stipulated Confidentiality Agreement and Protective Order; Signed by Magistrate Judge Nancy J. Koppe on 8/28/2019. (Copies have been distributed pursuant to the NEF - JM)
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Ross-Nash v. Almond 1 2 3 4 Doc. 15 Philip A. Kantor, Esq. Nevada Bar #6701 Law Offices of Philip A. Kantor, P.C. 1781 Village Center Circle, Suite 120 Las Vegas, NV 89134 Telephone: (702) 255-1300 Facsimile: (702) 256-6331 Email: prsak@aya.yale.edu 5 6 7 8 9 10 David B. Barney, Esq. Nevada Bar #14681 Sklar Williams PLLC 410 S. Rampart Blvd., Suite 350 Las Vegas, NV 89145 Telephone: (702) 360-6000 Facsimile: (702) 360-0000 Email: dbarney@sklar-law.com Attorneys for Plaintiff/Counter-defendant Kathryn Ross-Nash 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 KATHRYN ROSS-NASH, an individual, 15 16 Plaintiff, vs. 17 SUNNI ALMOND, an individual, 18 Defendant. 19 20 21 SUNNI ALMOND, an individual, Counter-plaintiff, 22 23 vs. KATHRYN ROSS-NASH, an individual, 24 25 Counter-defendant ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:19-cv-00957-APG-NJK STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER 26 Plaintiff/Counter-defendant Kathryn Ross-Nash and Defendant/Counter-plaintiff Sunni 27 Almond, by and through their respective counsel of record, hereby stipulate, request and jointly 28 move the Court to enter this Stipulated Confidentiality Agreement and Protective Order 1 Dockets.Justia.com 1 (hereinafter, “Order”), pursuant to FRCP 26(c)(1) and the Joint Conference Report under Rule 2 26(f) and Stipulated Discovery Plan and Scheduling Order, on file herein (ECF No. 11). The 3 Parties have agreed and stipulated that the use and handling of CONFIDENTIAL Information and 4 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information (as defined herein) in 5 these proceedings shall be governed and subject to the following provisions: 6 7 8 1. The “Litigation” shall mean the above-captioned Case No. 2:19-cv-00957-APG- NJK, in the United States District Court for the District of Nevada. 2. “Documents” shall mean and include any documents (whether in hard copy or 9 electronic form), records, correspondence, analyses, assessments, statements (financial or 10 otherwise), responses to discovery, tangible articles or things, whether documentary or oral, and 11 other information provided, served, disclosed, filed, or produced, whether voluntarily or through 12 discovery or other means, in connection with this Litigation. “Information” shall mean any 13 information contained in a Document. A draft or non-identical copy is a separate document within 14 the meaning of these terms. 15 3. “Party” (or “Parties”) shall mean any one party (or all parties) in this Litigation, 16 and their in-house and Outside Counsel (hereinafter defined). “Producing Party” shall mean any 17 person or entity who provides, serves, discloses, files, or produces any Documents or Information. 18 “Receiving Party” shall mean any person or entity who receives any such Documents or 19 Information. 20 4. The Parties agree that, in conjunction with the discovery proceedings in this 21 Litigation, the Parties may designate any Document, thing, material, testimony, or other 22 Information derived therefrom as “CONFIDENTIAL” (such Documents, things, materials, 23 testimony and Information are collectively referred to herein as “CONFIDENTIAL Information”) 24 under the terms of this Order that shall not be provided or made available to third-parties except 25 as permitted by, and in accordance with, the provisions of this Order. CONFIDENTIAL 26 Information is that which has not been made public and contains trade secrets, proprietary and/or 27 sensitive business or personal information. 28 2 1 5. The Parties agree that, in conjunction with the discovery proceedings in this 2 Litigation, the Parties may designate any Document, thing, material, testimony, or other 3 Information derived therefrom as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 4 (such Documents, things, materials, testimony and Information are collectively referred to herein 5 as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information”) under this Order 6 and that designation of such Documents, things, materials, and Information be reserved for 7 extremely sensitive “Confidential Information or Items,” production of which to another Party or 8 Non-Party would create a substantial risk of serious harm that could not be avoided by less 9 restrictive means and can only be disclosed to Outside Counsel. 10 6. Documents subject to this Order shall be so designated by marking or stamping 11 copies of the Document produced to a Party with the legend “CONFIDENTIAL” or “HIGHLY 12 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 13 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” on the 14 cover of any multi-page Document, a file containing multiple Documents, or a CD or DVD 15 containing multiple Documents, shall designate all pages of the Document, file, CD or DVD as 16 CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” unless 17 otherwise indicated by the Producing Party. 18 7. Marking or stamping the legend Testimony taken at a deposition may be designated as CONFIDENTIAL or 19 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by any Party making a statement 20 to that effect on the record at the deposition. Arrangements shall be made with the court reporter 21 taking and transcribing such deposition to separately bind such portions of the transcript and 22 deposition exhibits containing Information designated as CONFIDENTIAL or “HIGHLY 23 CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” and to label such portions appropriately. 24 Counsel for the Parties may also agree that an entire deposition transcript shall be designated 25 CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” In the 26 alternative, counsel for the Parties may agree to designate a deposition as CONFIDENTIAL 27 within ten (10) days of receipt of the transcript. 28 3 1 8. CONFIDENTIAL Information shall be maintained in strict confidence by the 2 Parties who receive such information, shall be used solely for the purposes of this Litigation, and 3 shall not be disclosed to any person, except: 4 a. The United States District Court for the District of Nevada, or any other court to 5 which this matter may be transferred (the “Court”), including but not limited to 6 the United States Bankruptcy Court for the District of Nevada, and persons 7 assisting the Court or assisting in the litigation process (including, but not limited 8 to, Court personnel, court reporters, stenographic reporters, videographers, and 9 electronic filing personnel); 10 b. In the event of an appeal, the United States Court of Appeals for the Ninth Circuit 11 (the “Appellate Court”) and/or the United States Supreme Court (the “Supreme 12 Court”) and persons assisting the Appellate Court or the Supreme Court in the 13 litigation process (including, but not limited to, Appellate and Supreme Court 14 personnel, court reporters, stenographic reporters, videographers, and electronic 15 filing personnel); 16 c. The attorneys of record in this Litigation and their co-shareholders, co-directors, 17 partners, employees, and associates who are assisting in the Litigation 18 (collectively hereafter referred to as “Outside Counsel”); 19 d. A Party, or an officer, director, or employee of a Party or of a Party’s affiliate, as 20 long as any such person agrees to be bound by the terms and conditions of this 21 Agreement; 22 e. Subject to the terms of Paragraph 14 below, experts or consultants and their staff, 23 and litigation support personnel and their staff, retained by the Parties and/or 24 Outside Counsel in this Litigation for the purposes of this Litigation; 25 f. Subject to the terms of Paragraph 14 below, support vendors or contractors 26 retained by Outside Counsel for functions directly related to this Litigation, such 27 as copying, document management, and graphic design; and 28 4 1 g. Any other person, provided that the Receiving Party has given written notice to 2 the Producing Party of an intent to disclose specified CONFIDENTIAL 3 Information to said person, who shall be identified by name, address, phone 4 number, and relationship, if any, to the Receiving Party, and the Producing Party 5 has not provided a written objection to the disclosure within ten (10) business days 6 of delivery of the notification. In the event of an objection, the Producing Party 7 shall have the right to move the Court for a protective order, and no disclosure 8 shall be made pending the resolution of such motion for protective order. Before 9 any person may receive Documents or Information pursuant to this subparagraph, 10 11 he or she must comply with the requirements of Paragraph 12 below. 9. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information shall 12 be maintained in strict confidence by the Parties who receive such information, shall be used 13 solely for the purposes of this Litigation, and shall not be disclosed to any person, except: 14 a. The United States District Court for the District of Nevada, or any other court to 15 which this matter may be transferred (the “Court”), including but not limited to 16 the United States Bankruptcy Court for the District of Nevada, and persons 17 assisting the Court or assisting in the litigation process (including, but not limited 18 to, Court personnel, court reporters, stenographic reporters, videographers, and 19 electronic filing personnel); 20 b. In the event of an appeal, the United States Court of Appeals for the Ninth Circuit 21 (the “Appellate Court”) and/or the United States Supreme Court (the “Supreme 22 Court”) and persons assisting the Appellate Court or the Supreme Court in the 23 litigation process (including, but not limited to, Appellate and Supreme Court 24 personnel, court reporters, stenographic reporters, videographers, and electronic 25 filing personnel); 26 c. Outside Counsel of the Parties to this Litigation; 27 28 5 1 d. Subject to the terms of Paragraph 14 below, experts or consultants and their staff, 2 and litigation support personnel and their staff, retained by the Parties and/or 3 Outside Counsel in this Litigation for the purposes of this Litigation; and 4 e. Subject to the terms of Paragraph 14 below, support vendors or contractors 5 retained by Outside Counsel for functions directly related to this Litigation, such 6 as copying, document management, and graphic design. 7 10. If a witness is providing or is provided CONFIDENTIAL or “HIGHLY 8 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information during a deposition, counsel for 9 the Producing Party may request that all persons other than the witness and persons entitled by 10 this Order to have access to the CONFIDENTIAL or “HIGHLY CONFIDENTIAL – 11 ATTORNEYS’ EYES ONLY” Information leave the deposition room during that portion of the 12 deposition. Failure of any person to comply with such a request will constitute sufficient 13 justification for the witness to refuse to answer the question, or for the Producing Party to demand 14 that CONFIDENTIAL Information not be provided to the witness, pending resolution of the issue. 15 11. All designations of Information as CONFIDENTIAL or “HIGHLY 16 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by the Producing Party must be made in good 17 faith. 18 12. A party may object to the designation of particular Information as 19 CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by giving 20 written notice to the party designating the disputed Information. The written notice shall 21 specifically identify the Information to which the objection is made. Upon receipt of written 22 notice, the Parties shall have ten (10) business days to resolve the objection (“Resolution Period”). 23 If the parties cannot resolve the objection within the Resolution Period, it shall be the obligation 24 of the party designating the Information as CONFIDENTIAL or “HIGHLY CONFIDENTIAL – 25 ATTORNEYS’ EYES ONLY” to file an appropriate motion requesting that the Court determine 26 whether the disputed Information should be subject to the terms of this Order. The party 27 designating the Information as CONFIDENTIAL or “HIGHLY CONFIDENTIAL – 28 ATTORNEYS’ EYES ONLY” shall have ten (10) business days after the Resolution Period has 6 1 expired to file such an appropriate motion (“Maintenance Period”). If such a motion is filed 2 within the Maintenance Period, the disputed Information shall be treated as CONFIDENTIAL or 3 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY under the terms of this Order until 4 the Court rules on the motion. If the designating party fails to file such a motion within the 5 Maintenance Period, the disputed Information shall lose its designation as CONFIDENTIAL or 6 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and shall not thereafter be treated 7 as CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in 8 accordance with this Order. In connection with a motion filed under this provision, the party 9 designating the Information as CONFIDENTIAL or “HIGHLY CONFIDENTIAL – 10 ATTORNEYS’ EYES ONLY” shall bear the burden of establishing that good cause exists for the 11 disputed Information to be treated as CONFIDENTIAL or “HIGHLY CONFIDENTIAL – 12 ATTORNEYS’ EYES ONLY.” 13 13. While protected by this Order, any Information designated CONFIDENTIAL or 14 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall be held in strict confidence 15 by each person to whom it is disclosed; shall be used solely for the purpose of this Litigation; and 16 shall not be used for any other purpose, including, without limitation, any business or competitive 17 purpose or use in any other lawsuit. 18 14. With respect to outside experts or other persons pursuant to Paragraphs 8 or 9, 19 sections (e), (f) or (g), to become an authorized expert or other person entitled to access to 20 CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 21 Information, the expert or other person must be provided with a copy of this Order and must sign 22 a certification acknowledging that he/she has carefully and completely read, understands, and 23 agrees to be bound by this Order. The Party on whose behalf such a certification is signed shall 24 retain the original certification in accordance with applicable law governing the retention of 25 documents in connection with the Litigation. 26 27 15. Notwithstanding any other provision herein, nothing shall prevent a Party from revealing CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 28 7 1 Information to a person who created or previously received (as an addressee or by way of copy) 2 such Information. 3 16. The inadvertent production of any Information without it being properly marked 4 or otherwise designated shall not be deemed to waive any claim of confidentiality with respect to 5 such Information. If a Producing Party, through inadvertence, produces any CONFIDENTIAL 6 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information without marking 7 or designating it as such in accordance with the provisions of this Order, the Producing Party may, 8 promptly on discovery, furnish a substitute copy properly marked along with written notice to all 9 Parties (or written notice alone as to non-documentary Information) that such Information is 10 deemed CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and 11 should be treated as such in accordance with the provisions of this Order. Each Receiving Party 12 must treat such Information as CONFIDENTIAL or “HIGHLY CONFIDENTIAL – 13 ATTORNEYS’ EYES ONLY” in accordance with the notice from the date such notice is 14 received. 15 ATTORNEYS’ EYES ONLY” Information prior to the receipt of such notice, if known, shall be 16 promptly reported to the Producing Party and shall not be deemed a violation of the 17 Confidentiality Agreement. 18 17. Disclosure of such CONFIDENTIAL or “HIGHLY CONFIDENTIAL – A copy of this Order shall be shown to each attorney acting as counsel for a Party 19 and to each person to whom CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 20 EYES ONLY” Information will be disclosed. 21 22 23 18. Nothing in this Order shall be construed as an admission or agreement that any specific Information is or is not confidential. 19. Anyorder Partyissued seeking to file with the Court a pleading, motion, or other paper See concurrently herewith. 24 containing or disclosing CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 25 EYES ONLY” Information shall request leave to file such document under seal. The document 26 shall be filed under seal and shall bear the following legend, or some substantially similar 27 statement: 28 8 1 2 3 4 THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION COVERED BY A PROTECTIVE ORDER OF THE COURT AND IS SUBMITTED UNDER SEAL PURSUANT TO THAT PROTECTIVE ORDER. THE CONFIDENTIAL CONTENTS OF THIS DOCUMENT MAY NOT BE DISCLOSED WITHOUT EXPRESS ORDER OF THE COURT 5 The filing of such a document shall be done in a manner consistent with federal law and 6 procedures regarding the filing of information under seal. Any such documents filed under seal 7 shall remain under seal until further order of the Court, and shall be available to the Court and 8 counsel of record, and to all other persons entitled to receive the CONFIDENTIAL or “HIGHLY 9 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information contained therein, under the 10 terms of this Order. If the Court ultimately refuses to allow certain Information to be filed under 11 seal, then it may be filed not under seal, but in such form and manner as may honor, to the extent 12 reasonably possible, the desire of the original Producing Party to keep the Information 13 confidential. If a Party fails to properly file CONFIDENTIAL or “HIGHLY CONFIDENTIAL 14 – ATTORNEYS’ EYES ONLY” Information under seal, any other Party may do so after learning 15 of the defective filing. Notice of such action shall be made to all Parties. 16 20. This Order shall not be construed to prevent any Party from making use of or 17 disclosing Information that was lawfully obtained by a Party independent of discovery in this 18 Litigation, whether or not such material is also obtained through discovery in this Litigation, or 19 from using or disclosing its own CONFIDENTIAL or “HIGHLY CONFIDENTIAL – 20 ATTORNEYS’ EYES ONLY” Information as it deems appropriate. 21 21. If any Party becomes required by law, regulation, or order of a court or government 22 entity to disclose any CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 23 EYES ONLY” Information that has been produced to it under the terms of this Order, such Party 24 will reasonably notify the other Parties, in writing, so that the original Producing Party has an 25 opportunity to prevent or restrict such disclosure. 26 CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information 27 shall use commercially reasonable efforts to maintain the confidentiality of such 28 CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information 9 The Party required to disclose any 1 and shall cooperate with the Party that originally produced the Information in its efforts to obtain 2 a protective order or other protection limiting disclosure; however, the Party required to disclose 3 the Information shall not be required to seek a protective order or other protection against 4 disclosure in lieu of, or in the absence of, efforts by the Producing Party to do so. 5 22. Upon termination of this Litigation, either by settlement or other action, any Party 6 and its counsel that obtained CONFIDENTIAL or “HIGHLY CONFIDENTIAL – 7 ATTORNEYS’ EYES ONLY” Information through discovery shall, upon request, return all such 8 CONFIDENTIAL or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information 9 to the Producing Party or certify as to its destruction. Outside Counsel may retain one copy of 10 pleadings, motions, deposition transcripts, exhibits submitted with such documents, and trial, 11 hearing or other exhibits filed or otherwise submitted to the Court that contain CONFIDENTIAL 12 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information solely for archival 13 purposes. The restrictions of this Order shall apply to Outside Counsel for as long as they 14 regularly hold such archival Documents. 15 23. The obligation to treat all information designated as CONFIDENTIAL or 16 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in accordance with the terms of 17 this Order and not to disclose such CONFIDENTIAL or “HIGHLY CONFIDENTIAL – 18 ATTORNEYS’ EYES ONLY” Information shall survive any settlement or other termination of 19 this Litigation. 20 24. The inadvertent production of any Information during discovery in this Litigation 21 shall be without prejudice to any claim that such Information is subject to the attorney-client 22 privilege or is protected from discovery as attorney work product. No Party shall be held to have 23 waived any rights by such inadvertent production. Upon notification of inadvertent production, 24 the Receiving Party shall not use or divulge the contents of such Information unless subsequently 25 agreed to by the Producing Party or permitted by the Court. Any such inadvertently produced 26 Information shall be returned by the Receiving Party within five (5) business days of any written 27 request therefore. The Receiving Party retains the right to challenge the Information as not 28 privileged or otherwise protected and discoverable. 10 1 2 3 25. The Parties may seek modification of this Order by the Court at any time, by stipulation or for good cause. 26. The illegality, invalidity or unenforceability of any provision herein shall not in 4 any manner affect or render illegal, invalid or unenforceable any other provision of this Order, 5 and that provision, and this Order generally, shall be reformed, construed and enforced so as to 6 most nearly give lawful effect to the intent of the parties as expressed in this Order. 7 8 IT IS SO ORDERED, 9 On date: August 28 , 2019. 10 11 12 Signed: JUDGE NANCY J. KOPPE US MAGISTRATE JUDGE 13 14 15 Respectfully submitted this 27th day of August, 2019. SKLAR WILLIAMS PLLC HOLLEY, DRIGGS, WALCH, PUZEY, STEIN & THOMPSON /s/ David B. Barney David B. Barney, Esq. Nevada Bar No. 14681 410 S. Rampart Blvd., Suite 350 Las Vegas, NV 89145 Tel: (702) 360-6000 Fax: (702) 360-0000 /s/ Joanna M. Myers Kristol Bradley Ginapp Nevada Bar No. 8468 Joanna M. Myers, Esq. Nevada Bar No. 12048 400 S. 4th St., Third Floor Las Vegas, NV 89101 Tel: (702) 791-0308 Fax: (702) 791-1912 Attorney for Defendant/Counter-plaintiff Sunni Almond 16 FINE, 17 18 19 20 21 22 23 24 25 26 Philip A. Kantor, Esq. Law Offices of Philip A. Kantor, P.C. 1781 Village Center Circle, Suite 120 Las Vegas, NV 89134 Tel: (702) 255-1300 Fax: (702) 256-6331 Attorneys for Plaintiff/Counter-defendant Kathryn Ross-Nash 27 28 11
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