Plascencia et al v. Hartford Fire Insurance Company, No. 2:2022cv01420 - Document 22 (D. Nev. 2023)
Court Description: PROTECTIVE ORDER granting 21 Stipulated Protective Order. Signed by Magistrate Judge Cam Ferenbach on 5/3/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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Plascencia et al v. Hartford Fire Insurance Company Doc. 22 Case 2:22-cv-01420-GMN-VCF Document 22 Filed 05/03/23 Page 1 of 6 1 2 3 4 5 6 7 WRIGHT, FINLAY & ZAK, LLP Darren T. Brenner, Esq. Nevada Bar No. 8386 Stephanie Garabedian, Esq. Nevada Bar No. 9612 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 (949) 477-5050; Fax: (702) 946-1345 dbrenner@wrightlegal.net sgarabedian@wrightlegal.net Attorneys for Defendant, Hartford Fire Insurance Company UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8 9 10 11 12 13 14 15 SALVADOR PLASCENCIA, individually; and KYLE HAIL, individually, Case No.: 2:22-cv-01420-GMN-VCF Plaintiffs, STIPULATED PROTECTIVE ORDER vs. HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation; DOES, I through X, inclusive; ROE BUSINESS ENTITIES, I through X, inclusive, 16 Defendants. 17 18 COME NOW Defendant, Hartford Fire Insurance Company (“PHH”), and Plaintiffs 19 Salvador Plascencia and Kyle Hail (“Plaintiffs”), by and through their respective counsel of 20 records, and hereby stipulate and agree as follows: 21 1. Any party or non-party may designate as “confidential” (by stamping the relevant 22 page or as otherwise set forth herein) any document or response to discovery which that party or 23 non-party considers in good faith to contain nonpublic personal information (“NPI”) as defined by 24 Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809 et seq. (“Confidential Information”). Where 25 a document or response consists of more than one page, the first page and each page on which 26 Confidential Information appears shall be so designated. 27 28 2. A party or non-party may designate information disclosed during a deposition or in response to written discovery as “confidential:” by so indicating in said response or on the record 1 Dockets.Justia.com Case 2:22-cv-01420-GMN-VCF Document 22 Filed 05/03/23 Page 2 of 6 1 at the deposition and requesting the preparation of a separate transcript of such material. 2 Additionally, a party or non-party may designate in writing, within twenty (20) days after receipt 3 of said responses or of the deposition transcript for which the designation is proposed, that specific 4 pages of the transcript and/or specific responses be treated as “confidential” information. Any 5 other party may object to such proposal, in writing or on the record. Upon such objection, the 6 parties shall follow the procedures described in paragraph 8 below. After any designation made 7 according to the procedure set forth in this paragraph, the designated documents or information 8 shall be treated according to the designation until the matter is resolved according to the procedures 9 described in paragraph 8 below, and counsel for all parties shall be responsible for making all 10 previously unmarked copies of the designated material in their possession or control with the 11 specified designation. 12 3. All information produced or exchanged in the course of this case (other than 13 information that is publicly available) shall be used by the party or parties to whom the information 14 is produced solely for the purpose of this case. 15 4. Except with the prior written consent of the other parties, or upon prior order of this 16 Court obtained with notice to opposing counsel, Confidential Information shall not be disclosed to 17 any person other than: 18 (a) 19 counsel for the respective parties in this litigation, including in-house counsel and co-counsel retained for this litigation; 20 (b) employees of such counsel; 21 (c) individual parties, class representatives, any officer or employee of a party, 22 to the extent deemed necessary by Counsel for the prosecution of this 23 litigation; 24 (d) consultants or expert witnesses retained for the prosecution or defense of 25 this litigation, provided that each such person shall execute a copy of the 26 Certification attached to this Order as Exhibit A (which shall be retained 27 by counsel to the party so disclosing the Confidential Information and made 28 available for inspection by opposing counsel during the pendency or after 2 Case 2:22-cv-01420-GMN-VCF Document 22 Filed 05/03/23 Page 3 of 6 1 the termination of the action only upon good cause shown and upon order 2 of the Court) before being shown or given any Confidential Information and 3 provided that if the party chooses a consultant or expert employed by a 4 corporate defendant or one of its competitors, the party shall notify the 5 opposing party, or designating non-party, before disclosing any 6 Confidential Information to that individual and shall give the opposing party 7 an opportunity to move for a protective order preventing or limiting such 8 disclosure; 9 (e) any authors or recipients of the Confidential Information; 10 (f) the Court, personnel, and court reports; and 11 (g) witnesses (other than persons described in paragraph 4(e).) A witness shall 12 sign the Certification before being shown a confidential document. 13 Confidential Information may be disclosed to a witness who will not sign 14 the Certification only in a deposition at which the party who designated the 15 Confidential Information is represented or has been given notice that 16 Confidential Information shall be designated “Confidential” pursuant to 17 paragraph 2 above. Witnesses shown Confidential Information shall not be 18 allowed to retain copies. 19 5. Any persons receiving Confidential Information shall not reveal or discuss such 20 information to or with any person who is not entitled to receive such information, except as set 21 forth herein. 22 6. Unless otherwise permitted by statute, rule, or prior Court Order, papers filed with 23 the Court under seal shall be accompanied by a contemporaneous motion for leave to file those 24 documents under seal and shall be filed consistent with the Court’s electronic filing procedures. 25 Notwithstanding any agreement among the parties, the party seeking to file a paper under seal 26 bears the burden of overcoming the presumption in favor of public access to papers filed in court. 27 See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). 28 3 Case 2:22-cv-01420-GMN-VCF Document 22 Filed 05/03/23 Page 4 of 6 1 7. A party may designate as “confidential” documents or discovery materials 2 produced by a non-party by providing written notice to all parties of the relevant document 3 numbers or other identification within thirty (30) days after receiving such documents or discovery 4 materials. Any party or non-party may voluntarily disclose to others without restriction any 5 information designated by that party or non-party as confidential, although a document may lose 6 its confidential status if it is made public. 7 8. If a party contends that any material is not entitled to confidential treatment, such 8 party may at any time give written notice to the party or non-party who designated the material. 9 The party or non-party who designated the material shall have twenty-five (days) from the receipt 10 of such written notice to apply to the Court for an order designating the material as confidential. 11 The party or non-party seeking the order has the burden of establishing that the document is entitled 12 to protection. 13 9. Notwithstanding any challenge to the designation of material as Confidential 14 Information, all documents shall be treated as such and shall be subject to the provisions hereof 15 unless and until one of the following occurs: 16 (a) 17 the party or non-party claims that the material is Confidential Information withdraws such designation in writing; or 18 (b) the party or non-party who claims that the material is Confidential 19 Information fails to apply to the Court for an Order designating the material 20 confidential within the time period specified above after receipt of a written 21 challenge to such designation; or 22 23 (c) 10. the Court rules the material is not confidential. All provisions of this Order restricting the communication or use of Confidential 24 Information shall continue to be binding after the conclusion of this action, unless otherwise agreed 25 or ordered. 26 Information, other than that which is contained in pleadings, correspondence, and deposition 27 transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion of Upon conclusion of the litigation, a party in the possession of Confidential 28 4 Case 2:22-cv-01420-GMN-VCF Document 22 Filed 05/03/23 Page 5 of 6 1 the action to counsel for the party or non-party, or (b) destroy such documents within the same 2 time period. 3 4 5 11. The terms of this Stipulation and Order do not preclude, limit, restrict or otherwise apply to the use of documents at trial. 12. Nothing herein shall be deemed to waive any applicable privilege or work product 6 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 7 protected by privilege or work product protection. 8 9 10 11 13. Any witness or other person, firm, or entity from which is discovery is sought may be informed of and may obtain the protection of this Order by written advice to the parties’ respective counselor by oral advice at the time of any deposition or similar proceeding. 14. This Stipulated Protective Order may be modified by the Court at any time for good 12 cause shown following notice to all parties and an opportunity to be heard. The Court shall retain 13 jurisdiction to modify the terms of this Stipulated Protective Order. 14 Exhibit A 15 I, __________________________________, have been advised by counsel of record for 16 __________________________________ in _________________________________________ 17 of the protective order governing the delivery, publication, and disclosure of confidential 18 documents and information produced in this litigation. I have read a copy of the protective order 19 and agree to abide by its terms. 20 __________________________________ 21 Signed 22 __________________________________ 23 Printed Name 24 __________________________________ 25 Date 26 27 [Signatures on next page] 28 5 Case 2:22-cv-01420-GMN-VCF Document 22 Filed 05/03/23 Page 6 of 6 1 IT IS SO STIPULATED. 2 DATED this 2nd day of May, 2023. DATED this 2nd day of May, 2023. PRINCE LAW GROUP WRIGHT, FINLAY & ZAK, LLP /s/ Kevin T. Strong Dennis M. Prince, Esq. Nevada Bar No. 5092 Kevin T. Strong, Esq. Nevada Bar No. 12107 Andrew R. Brown, Esq. Nevada Bar No. 15875 10801 West Charleston Blvd., Suite 560 Las Vegas, Nevada 89135 Attorneys for Plaintiffs, Kyle Hail and Salvador Plascencia /s/ Stephanie Garabedian Darren Brenner, Esq. Nevada Bar No. 8386 Stephanie Garabedian, Esq. Nevada Bar No. 9612 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 Attorneys for Defendant, Hartford Fire Insurance Company 3 4 5 6 7 8 9 10 11 12 13 14 15 IT IS SO ORDERED. 3rd day of May, 2023. Dated this _____ ________________________________________ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 6
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