Marshall v. State of Nevada et al, No. 2:2021cv00726 - Document 54 (D. Nev. 2022)

Court Description: ORDER Granting 53 Stipulated Protective Order. Signed by Magistrate Judge Brenda Weksler on 7/15/2022. (Copies have been distributed pursuant to the NEF - JQC)

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Marshall v. State of Nevada et al Doc. 54 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 1 of 16 1 5 Patricia Lee (8287) Shelby A. Dahl (13856) HUTCHISON & STEFFEN, PLLC 10080 W. Alta Dr., Suite 200 Las Vegas, NV 89145 (702) 385-2500/Fax: (702) 385-2086 plee@hutchlegal.com sdahl@hutchlegal.com 6 Attorneys for Plaintiff 2 3 4 7 UNITED STATES DISTRICT COURT 8 9 DISTRICT OF NEVADA RODNEY L. MARSHALL, 10 11 12 Case No. 2:21-cv-00726-JAD-BNW Plaintiff, [PROPOSED] STIPULATED PROTECTIVE ORDER v. STATE OF NEVADA, et al 13 Defendants. 14 15 1. Disclosure and discovery activity in this action are likely to involve production of 16 17 18 19 20 21 PURPOSES AND LIMITATIONS confidential, proprietary, and/or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to 22 23 24 confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3 below, that this Stipulated Protective Order does not entitle them to file confidential information under seal. 25 26 27 2. DEFINITIONS 2.1 Action: The above-captioned lawsuit filed in the United States District Court of Nevada, Case No. 2:21-cv-00726-JAD-BNW. 28 Page 1 of 16 Dockets.Justia.com Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 2 of 16 1 2 2.2 Challenging Party: A Party or Non-Party who challenges the designation of information or items under this Order. 2.3 3 “CONFIDENTIAL” Information or Items: Information (regardless of how it is 4 generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule 5 of Civil Procedure 26(c)(1)(g) and/or the Health Insurance Portability and Accountability Act 6 (“HIPAA”). 7 8 9 2.4 Counsel (without qualifier): Outside Counsel of Record (as well as their support 2.5 Designating Party: A Party or Non-Party who designates information or items staff). that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY 10 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 11 12 13 14 15 2.6 Disclosure or Discovery Material: All items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things) that are produced or generated in disclosures or responses to discovery in this matter. 2.7 Expert: A person with specialized knowledge or experience in a matter pertinent 16 to the litigation who: (1) has been retained by a Party or its counsel to serve as an expert witness 17 or as a consultant in this action, (2) is not a past or current employee of a Party or of a Party’s 18 competitor, and (3) at the time of retention is not anticipated to become an employee of a Party 19 or of a Party’s competitor. 20 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or 21 Items: Information (regardless of how it is generated, stored, or maintained) or tangible things 22 that qualify for protection under Federal Rule of Civil Procedure 26(c)(1)(g) and/or HIPAA and 23 is extremely sensitive, highly confidential, non-public information, consisting either of trade 24 secrets or proprietary or other highly confidential business, financial, regulatory, private, or 25 26 27 strategic information (including information regarding business plans, technical data, and nonpublic designs), the disclosure of which would create a substantial risk of competitive, business, or personal injury to the Producing Party. 28 Page 2 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 3 of 16 1 2.9 Law Enforcement Agency: Any agency authorized by law that is responsible for 2 the prevention, detection, or investigation of any violation of criminal law, or authorized by law 3 to detain suspected offenders or supervise convicted offenders. 2.10 4 5 legal entity not named as a Party to this action. 2.11 6 7 8 9 Non-Party: Any natural person, partnership, corporation, association, or other Outside Counsel of Record: Attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 2.12 Party: Any party to this action, including all of its officers, directors, employees, 10 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 11 12 2.13 Material in this action. 13 14 Producing Party: A Party or Non-Party who produces Disclosure or Discovery 2.14 Professional Vendors: Persons or entities who provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 15 organizing, storing, or retrieving data in any form or medium) and their employees and 16 subcontractors. 17 18 2.15 Protected Material: Any Disclosure or Discovery Material that is designated as “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 19 2.16 Receiving Party: A Party who receives Disclosure or Discovery Material from a 20 Producing Party. 21 3. 22 23 SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also: (1) any information copied or extracted from Protected Material; (2) 24 25 26 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 27 However, the protections conferred by this Stipulation and Order do not cover the following 28 information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as Page 3 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 4 of 16 1 a result of publication not involving a violation of this Order, including becoming part of the 2 public record through trial or otherwise; (b) any information lawfully known to the Receiving 3 Party prior to the disclosure and under no obligation of confidentiality; and (c) any information 4 obtained by the Receiving Party after the disclosure from a source who obtained the information 5 6 lawfully and under no obligation of confidentiality. Any use of Protected Material at trial shall 7 be governed by a separate agreement or order. 8 4. 9 10 11 DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of: (1) dismissal of all 12 claims and defenses in this action, with or without prejudice; and (2) final judgment herein after 13 the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this 14 Action, including the time limits for filing any motions or applications for extension of time 15 pursuant to applicable law. 16 17 5. DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 18 or Non-Party who designates information or items for protection under this Order must take care 19 to limit any such designation to specific material that qualifies under the appropriate standards. 20 To the extent it is practical to do so, the Designating Party must designate for protection only 21 those parts of material, documents, items, or oral or written communications that qualify, so that 22 other portions of the material, documents, items, or communications for which protection is not 23 warranted are not swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or 24 routinized designations are prohibited. 25 26 27 28 If it comes to a Designating Party’s attention that information or items that it designated for protection do not qualify for protection at all or do not qualify for the level of protection initially asserted, that Designating Party must promptly notify all other parties that it is withdrawing the mistaken designation. Page 4 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 5 of 16 1 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 2 (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise stipulated or ordered, 3 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 4 designated before the material is disclosed or produced. 5 Designation in conformity with this Order requires: (a) For information in documentary form (e.g., paper or electronic documents, but 6 7 8 9 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to each page that contains protected material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the 10 protected portion(s) (e.g., by making appropriate markings in the margins) and must specify, for 11 12 13 14 each portion, the level of protection being asserted. A Party or Non-Party who makes original documents or materials available for inspection need not designate them for protection until after the inspecting Party has indicated which material it would like copied and produced. During the inspection and before the designation, all 15 of the material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL – 16 ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants 17 copied and produced, the Producing Party must determine which documents, or portions thereof, 18 qualify for protection under this Order. Then, before producing the specified documents, the 19 Producing Party must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY 20 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that contains Protected 21 Material. If only a portion or portions of the material on a page qualifies for protection, the 22 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 23 markings in the margins) and must specify, for each portion, the level of protection being 24 asserted. 25 26 27 (b) For testimony given in deposition or in other pretrial or trial proceedings, that the Designating Party identify all protected testimony and specify the level of protection being asserted in either of the following manners: (i) on the record, before the close of the deposition, hearing, or other proceeding; or (ii) up to 21 days after the transcript of such deposition or 28 proceeding is received. Only those portions of the testimony or other proceeding that are Page 5 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 6 of 16 1 appropriately designated for protection as set forth above shall be covered by the provisions of 2 this Stipulated Protective Order. Where deemed appropriate in good faith, a Designating Party 3 may specify, at the deposition or up to 21 days afterwards if that period is properly invoked, that 4 the entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 5 ATTORNEYS’ EYES ONLY.” 6 7 8 9 Parties shall give the other parties notice if they reasonably expect a deposition, hearing, or other proceeding to include Protected Material so that the other parties can ensure that only authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY 10 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 11 12 13 14 Transcripts containing Protected Material shall have an obvious legend on the title page that the transcript contains Protected Material, and the title page shall be followed by a list of all pages (including line numbers as appropriate) that have been designated as Protected Material and the level of protection being asserted by the Designating Party. The Designating Party shall 15 inform the Court reporter of these requirements. Any transcript that is prepared before the 16 expiration of a 21-day period for designation shall be treated during that period as if it had been 17 designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless 18 otherwise agreed. After the expiration of that period, the transcript shall be treated only as 19 actually designated. 20 (c) For information produced in some form other than documentary and for any other 21 tangible items, that the Producing Party affix in a prominent place on the exterior of the 22 container or containers in which the information or item is stored the legend “CONFIDENTIAL” 23 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” If only a portion or portions 24 of the information or item warrant protection, the Producing Party, to the extent practicable, shall 25 26 27 identify the protected portion(s) and specify the level of protection being asserted. 5.3 Inadvertent Failures to Designate. If corrected within a reasonable time, an inadvertent failure to designate qualified information or items does not, standing alone, waive the Designating Party’s right to secure protection under this Order for such material. Upon timely 28 Page 6 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 7 of 16 1 correction of a designation, the Receiving Party must make reasonable efforts to assure that the 2 material is treated in accordance with the provisions of this Order. 3 6. 4 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party may challenge a designation of 5 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” at any 6 time. A Party does not waive its right to challenge a confidentiality designation by electing not 7 to mount a challenge promptly after the original designation is disclosed. 8 9 10 11 12 13 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process by providing written notice of each designation it is challenging and describing the basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the challenge to confidentiality is being made in accordance with this specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by meaningfully and directly conferring within 14 days of the date of service of notice. In conferring, the Challenging Party must explain the basis for its 14 belief that the confidentiality designation was not proper and must give the Designating Party an 15 16 17 18 19 20 opportunity to review the designated material, to reconsider the circumstances, and, if no change in designation is offered, to explain the basis for the chosen designation. A Challenging Party may proceed to the next stage of the challenge process only if it has engaged in this meet and confer process first or establishes that the Designating Party is unwilling to participate in the meet and confer process in a timely manner. 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 21 intervention, the Designating Party shall file and serve a motion to retain confidentiality within 22 14 days of the parties having engaged in an unsuccessful meet and confer. 23 In addition, if the Designating Party fails to file a motion, the Challenging Party may file 24 a motion challenging a confidentiality designation within 21 days of the meet and confer 25 referenced in the preceding paragraph if there is good cause for doing so, including a challenge 26 to the designation of a deposition transcript or any portions thereof. 27 28 Notwithstanding the preceding paragraph, the burden of presentation and persuasion in any such challenge proceeding shall be on the Designating Party. Frivolous challenges and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on Page 7 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 8 of 16 1 other parties) may expose the Challenging Party to sanctions. All parties shall continue to afford 2 the material in question the level of protection to which it is entitled under the Producing Party’s 3 designation until the Court rules on the challenge. To prevent abuse in challenging designations, for good cause shown, the Court is 4 5 6 7 8 9 10 11 12 authorized to: (a) shift from Designating Party to Challenging Party the obligation to seek judicial intervention under this Section 6; and/or (b) direct the Challenging Party to pay Designating Party’s reasonable costs, including reasonable attorneys’ fees, incurred in connection with prior, current, and/or future challenges under this Section 6. 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this case only for prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to the categories of persons and under the conditions described in this Order. 13 14 15 16 17 When the litigation has been terminated, a Receiving Party must comply with the provisions of Section 13 below (FINAL DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 18 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may 19 disclose any information or item designated “CONFIDENTIAL” only to: 20 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 21 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 22 information for this litigation; 23 24 25 26 27 28 (b) the officers, directors, and employees of the Receiving Party to whom disclosure is reasonably necessary for this litigation; (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (d) the Court and its personnel; Page 8 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 9 of 16 1 (e) employees of a Law Enforcement Agency (as defined in this Order) who are 2 investigating the conduct of any Party to this action; any voluntary production of information 3 under this provision requires the disclosing party to notify all Parties that it has been produced; (f) court reporters and their staff, professional jury or trial consultants, and 4 5 Professional Vendors to whom disclosure is reasonably necessary for this litigation; (g) during their depositions, witnesses in the action to whom disclosure is 6 7 8 9 reasonably necessary, unless otherwise agreed by the Designating Party or ordered by the Court. Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order; and 10 (h) the author or recipient of a document containing the information or a 11 12 13 14 15 16 custodian or other person who otherwise possessed or knew the information. 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items. Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 17 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 18 information for this litigation; 19 (b) Experts of the Receiving Party: (1) to whom disclosure is reasonably 20 necessary for this litigation; (2) who have signed the “Acknowledgment and Agreement to Be 21 Bound” (Exhibit A); 22 (c) the Court and its personnel; 23 (d) employees of a Law Enforcement Agency (as defined in this Order) who are 24 25 26 27 investigating the conduct of any Party to this action; any voluntary production of information under this provision requires the disclosing party to notify all Parties that it has been produced; (e) professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and 28 Page 9 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 10 of 16 1 (f) the author or recipient of a document containing the information or a custodian 2 or other person who otherwise possessed or knew the information. 3 8. 4 If a Party is served with a subpoena or a court order issued in other litigation that compels 5 6 PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION. disclosure of any information or items designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party must: 7 (a) promptly notify in writing the Designating Party. Such notification shall 8 include a copy of the subpoena or court order; 9 10 11 12 (b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 13 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 14 Designating Party whose Protected Material may be affected. If the Designating Party timely 15 seeks a protective order, the Party served with the subpoena or court order shall not produce any 16 information designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 17 ATTORNEYS’ EYES ONLY” before a determination by the court from which the subpoena or 18 order issued, unless the Party has obtained the Designating Party’s permission. The Designating 19 Party shall bear the burden and expense of seeking protection in that court of its confidential 20 material. Nothing in these provisions should be construed as authorizing or encouraging a 21 22 23 24 Receiving Party in this action to disobey a lawful directive from another court. 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a Non- Party in this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 25 ATTORNEYS’ EYES ONLY.” Such information produced by Non-Parties in connection with 26 this litigation is protected by the remedies and relief provided by this Order. Nothing in these 27 provisions should be construed as prohibiting a Non-Party from seeking additional protections. 28 (b) In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s confidential information in its possession, and the Party is subject to an Page 10 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 11 of 16 1 agreement with the Non-Party not to produce the Non-Party’s confidential information, then the 2 Party shall: 1. 3 promptly notify in writing the Requesting Party and the Non-Party 4 that some or all of the information requested is subject to a confidentiality agreement with a 5 Non-Party; 2. 6 7 8 promptly provide the Non-Party with a copy of the Stipulated Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the information requested; and 3. 9 make the information requested available for inspection by the Non-Party. 10 (c) 11 12 13 14 If the Non-Party fails to timely object or seek a protective order from this Court after receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality agreement with the Non-Party 15 before a determination by the Court. Absent a court order to the contrary, the Non-Party shall 16 bear the burden and expense of seeking protection in this Court of its Protected Material. 17 10. 18 UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 19 Material to any person or in any circumstance not authorized under this Stipulated Protective 20 Order, the Receiving Party must immediately: (a) notify in writing the Designating Party of the 21 unauthorized disclosures; (b) use its best efforts to retrieve all unauthorized copies of the 22 Protected Material; (c) inform the person or persons to whom unauthorized disclosures were 23 made of all the terms of this Order; and (d) request such person or persons to execute the 24 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 25 11. 26 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a Producing Party gives notice to Receiving Parties that certain inadvertently 27 produced material is subject to a claim of privilege or other protection, the obligations of the 28 Page 11 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 12 of 16 1 Receiving Parties are those set forth in Nevada Rule of Civil Procedure 26(b)(5)(B) and clarified 2 below. 3 The production in this action of any electronically stored information or other 4 information that is subject to a claim of privilege shall be deemed to be inadvertent and to be 5 without prejudice to any claim that such material is protected by the attorney/client privilege, the 6 7 8 9 work product doctrine, or any other applicable privilege or ground for withholding production, and no party shall be held to have waived any rights by such production. Upon the discovery of a disclosure of information for which a privilege and/or confidential treatment under this Stipulated Protective Order is asserted, the producing party shall promptly notify the party in receipt of the information in writing of the disclosure, identify 10 the document that contains such information, and immediately takes steps to preclude further 11 12 13 14 disclosure. The party that received the information shall have fourteen (14) calendar days (or some other time period reasonably agreed to by the parties in writing) from receipt of notification of the inadvertent production to determine in good faith whether to contest such claim and to notify 15 the party making the claim in writing of an objection to the claim of privilege and the grounds 16 for that objection. The party making the claim of privilege will then have fourteen (14) calendar 17 days (or some other time period reasonably agreed to by the parties in writing) from the receipt 18 of the objection notice to submit the specified information to the Court under seal for a 19 determination of the claim and will provide the Court with the grounds for the asserted privilege 20 or protection. In the event the party making the claim fails to submit the specified information, 21 and the grounds for the asserted privilege, to the Court within the time specified herein, the Court 22 may consider this in determining whether the privilege or protection is waived. 23 24 25 26 27 Upon a determination by the Court that the specified information is protected by the applicable privilege, and if the specified information has been sequestered rather than returned or destroyed, the specified information shall be returned, destroyed, or otherwise rendered disabled from further use or rendered inaccessible. To the extent that the party making the claim insists on the return or destruction of the specified information, rather than disabling the information from further use or otherwise rendering it inaccessible, the party making the claim shall bear the 28 costs of the return or destruction of such information. Page 12 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 13 of 16 1 This provision is not intended to modify any procedure established in an e-discovery or 2 other order that may provide for production without prior privilege review. Insofar as the parties 3 reach an agreement on the effect of disclosure of a communication or information covered by the 4 attorney-client privilege or work product protection, the parties may incorporate their agreement 5 in the stipulated protective order submitted to the Court. 6 12. 12.1 7 8 11 12 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future or to seek other appropriate relief. 12.2 9 10 MISCELLANEOUS Right to Assert Other Objections. By stipulating to the entry of this Protective Order no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of the material covered by this Protective Order. 13 14 15 16 12.3 Filing Protected Material. Without written permission from the Designating Party or a court order secured after appropriate notice to all interested persons, a Receiving Party may not file in the public record in this action any Protected Material. Protected Material may only be filed under seal pursuant to Fed. R. Civ. P. 5.2(d)-(f), 26(c), and LR IA 10-5. The 17 Designating Party will have the burden to provide the Court with any information the Court 18 deems necessary to support the designation as Confidential Information or Highly Confidential 19 Information. A sealing order will issue only upon a request establishing that the Protected 20 Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection 21 under the law. If a request to file Protected Material under seal is denied by the Court, then the 22 Receiving Party may file the Protected Material in the public record unless otherwise instructed 23 by the Court. 24 13. 25 FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph 4, each 26 Receiving Party must return all Protected Material to the Producing Party or destroy such 27 material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, 28 compilations, summaries, and any other format reproducing or capturing any of the Protected Page 13 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 14 of 16 1 Material. Whether the Protected Material is returned or destroyed, the Receiving Party must 2 submit a written certification to the Producing Party (and, if not the same person or entity, to the 3 Designating Party) by the 60-day deadline that: (1) identifies (by category, where appropriate) all 4 the Protected Material that was returned or destroyed; and (2) affirms that the Receiving Party 5 has not retained any copies, abstracts, compilations, summaries, or any other format reproducing 6 7 8 9 or capturing any of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain Protected Material. Any such archival copies that contain or constitute Protected Material remain 10 subject to this Protective Order as set forth in Section 4 (DURATION). 11 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 12 13 14 15 16 17 DATED this 14th day of July, 2022. HUTCHISON & STEFFEN, PLLC OFFICE OF THE ATTORNEY GENERAL /s/ Shelby A. Dahl /s/ Chris W. Davis Patricia Lee (8287) Shelby A. Dahl (13856) 10080 W. Alta Dr., Suite 200 Las Vegas, NV 89145 Chris W. Davis (6616) 555 E. Washington Ave., Suite 3900 Las Vegas, NV 89101 Attorneys for Plaintiff Attorneys for Defendant Michael Minev 18 19 20 IT IS SO ORDERED. 21 22 23 ___________________________________ U.S. Magistrate Judge Dated: _____________________ July 15, 2022 24 25 26 27 28 Page 14 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 15 of 16 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 4 I, _____________________________________________________________ [full name], of __________________________________________________________ [full address], 5 declare under penalty of perjury that I have read in its entirety and understand the Stipulated 6 Protective Order that was issued by the United States District Court of Nevada in Case No. 2:21- 7 cv-00726-JAD-BNW. I agree to comply with and to be bound by all the terms of this Stipulated 8 Protective Order and I understand and acknowledge that failure to so comply could expose me to 9 sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose 10 11 12 13 in any manner any information or item that is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. I further agree to submit to the jurisdiction of the United States District Court of Nevada 14 for the purpose of enforcing the terms of this Stipulated Protective Order, even if such 15 enforcement proceedings occur after termination of this action. 16 I hereby appoint _________________________________________________ [full 17 name], of ___________________________________________________________ [full address 18 19 and telephone number] as my Nevada agent for service of process in connection with this action 20 or any proceedings related to enforcement of this Stipulated Protective Order. 21 Date: _________________________________ 22 City and State where sworn and signed: _________________________________ 23 Printed name: ______________________________ [printed name] 24 25 Signature: __________________________________[signature] 26 27 28 Page 15 of 16 Case 2:21-cv-00726-JAD-BNW Document 53 Filed 07/14/22 Page 16 of 16 1 CERTIFICATE OF SERVICE 2 Pursuant to FRCP 5(b), I certify that I am an employee of Hutchison & Steffen, PLLC 3 and that on this 14th day of July, 2022, I caused the above and foregoing document entitled 4 [PROPOSED] STIPULATED PROTECTIVE ORDER to be served as followed by 5 personally transmitting a copy of the same via the Court’s CM/ECF internet system to their 6 7 8 9 10 11 12 respective registered e-mail sites. Southern Desert Correctional Center Email: sdcclawlibrary@doc.nv.gov Chris William Davis Office of the Attorney General 555 E. Washington Ave., Ste. 3900 Las Vegas, NV 89101 702-486-9252 Email: cwdavis@ag.nv.gov Attorneys for Defendant Michael Minev 13 14 15 16 /s/ Suzanne Morehead ____________________________________ An employee of Hutchison & Steffen, PLLC 17 18 19 20 21 22 23 24 25 26 27 28 Page 16 of 16

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