Liguori et al v. Hansen et al

Filing 244

PROTECTIVE ORDER re 242 Stipulation filed by Bert Hansen. Signed by Magistrate Judge George Foley, Jr on 8/14/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:11-cv-00492-GWF Document 242 Filed 08/13/15 Page 1 of 11

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JEFFREY J. WHITEHEAD, ESQ.
Nevada Bar No.: 3183
GARY BURNETT, ESQ.
Nevada Bar No. 7632
WHITEHEAD & BURNETT
6980 O’BANNON DRIVE
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile Number: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant,
Bert Hansen

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UNITED STATES DISTRICT COURT
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6980 O’BANNON DRIVE
LAS VEGAS, NV 89117
T:702.267.6500

WHITEHEAD & BURNETT

DISTRICT OF NEVADA
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STEVEN LIGUORI, an individual; and
BRUNO LIGUORI TURQUOISE
TRADING, INC., a Nevada Corporation,

CASE NO.: 2:11-cv-00492-GWF

Plaintiffs,

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vs.

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BERT HANSEN, individually and doing
business as the HOOVER DAM
SNACKETERIA or the HIGH SCALER
CAFÉ; KAWANA POHE, individually and
doing business as the HOOVER DAM
STORE; and DOES 1 through 10,

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PROTECTIVE ORDER GOVERNING
CONFIDENTIALITY OF
DOCUMENTS

Defendants.
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WHEREAS, in the course of this litigation disclosure may be sought of information that
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a party regards as proprietary, confidential or requiring special protection under Rule 26(c) of the
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STIPULATED PROTECTIVE ORDER
CONFIDENTIAL DOCUMENTS - 1

Case 2:11-cv-00492-GWF Document 242 Filed 08/13/15 Page 2 of 11

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Federal Rules of Civil Procedure (“confidential information”); and
WHEREAS, the parties hereto desire to establish a mechanism governing access to and
use of such confidential information in this action.

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Accordingly, IT IS HEREBY STIPULATED by and between the parties and their

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respective counsel that the following Protective Order shall govern the access to and use of

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confidential information produced in this action.

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IT IS HEREBY ORDERED that:

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1.

Any information produced by any party or non-party in this action may be

designated by the producing party(ies) as “Confidential” ( “Designated Information”). As a

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general guideline, any information, the whole of which is publicly available, should not be

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designated as “Confidential.” A Party who designates information as confidential shall be

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referred as to as a Designating Party. A party or parties who receive(s) confidential

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information shall be referred to as a Receiving Party.

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LAS VEGAS, NV 89117
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WHITEHEAD & BURNETT

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2.

Documents not previously disclosed to the public should be designated as

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“Confidential” when such documents contain confidential information that may be reviewed

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by certain named persons of the receiving party, but must be protected against disclosure to

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third parties. Any document(s) and/or other information subject to disclosure may be

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designated by the Designating Party as “Confidential” when it (a) contains information

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subject to a legally protected right of privacy such as employment and personnel records,

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medical and health care records or (b) contains confidential business and/or financial

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information such as tax records, tax filing information, banking records, accounting records,

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financial statements, meeting minutes, and other categories of information not publicly

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available in which the Designating Party has a reasonable interest in protecting from general

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STIPULATED PROTECTIVE ORDER
CONFIDENTIAL DOCUMENTS - 2

Case 2:11-cv-00492-GWF Document 242 Filed 08/13/15 Page 3 of 11

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disclosure.
3.

All Designated Information shall only be used in connection with this

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litigation, any appeals thereto, and judgment collection, but not for any other business,

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proceeding, litigation or other purpose whatsoever. Such information may not be disclosed

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to anyone except as provided in this Protective Order and the parties shall exercise due care

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regarding storage, custody and use.

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4.

The following procedure shall apply to Designated Information:

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a.

Any party or non-party who has documents to be covered by the provisions of

this Protective Order may designate, in writing, the documents or portions thereof that such

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person or entity considers confidential at the time the documents are produced. Each page of

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the document must be marked “Confidential” by the Designating Party.

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LAS VEGAS, NV 89117
T:702.267.6500

WHITEHEAD & BURNETT

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b.

Any party may designate as to be covered by the provisions of this Protective

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Order the documents or portions thereof that have been (i) produced by another party; or (ii)

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produced by a non-party in response to a subpoena. For such a designation, the Designating

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Party must identify in writing, the documents or portions of documents that it seeks to

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designate as “Confidential” as soon as possible and within ten (10) business days after

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documents are received. Neither party shall be authorized to release any information

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produced in response to a subpoena to any person or party outside the scope of Paragraph 6

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hereof until after the expiration of the ten (10) day period identified herein (unless such

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period has been waived in writing by the other party).

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5.

Information disclosed at a deposition or other testimony may be designated as

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“Confidential” at the time of the testimony or deposition, or within thirty (30) calendar days

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following receipt of the transcript, and shall be subject to the provisions of this Protective

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STIPULATED PROTECTIVE ORDER
CONFIDENTIAL DOCUMENTS - 3

Case 2:11-cv-00492-GWF Document 242 Filed 08/13/15 Page 4 of 11

testimony designated “Confidential” as applicable under this Protective Order. For purposes of

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clarity, the parties shall not constitute unauthorized persons. Additional information disclosed

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during a deposition or other testimony may be designated as “Confidential” by notifying the

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other party, in writing, within thirty (30) calendar days after receipt of the transcript, of the

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specific pages and line numbers of the transcript that should also be designated. Unless otherwise

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agreed on the record of the deposition or other testimony, all transcripts shall be treated as

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“Confidential” for a period of thirty (30) calendar days after their receipt, and the transcript shall

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not be disclosed by a non-designating party to persons other than those persons named or

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approved according to Paragraph 6 to review documents or materials designated “Confidential”

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on behalf of that non-designating party.

6980 O’BANNON DRIVE
LAS VEGAS, NV 89117
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Order. During the deposition or testimony, unauthorized persons shall be excluded from

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WHITEHEAD & BURNETT

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6.

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Any documents and/or other information designated as “Confidential,” as well as

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any copies or excerpts thereof, or analyses or reports that pertain thereto, may be made available

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only to the following persons:
a.

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Attorneys of record for the receiving party (“Counsel”), their employees

and other attorneys and or employees of their firms;
b.

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Judges, the Court, law clerks, and other clerical personnel of the Court

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before which this action is pending, so long as such documents or information are filed under

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seal;

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c.

Agents of Counsel needed to perform various services such as, for

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example copying, drafting of exhibits and support and management services, including vendors

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retained by the parties, or by counsel for parties, for the purpose of encoding, loading into a

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computer and storing and maintaining for information control and retrieval purposes, transcripts

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STIPULATED PROTECTIVE ORDER
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Case 2:11-cv-00492-GWF Document 242 Filed 08/13/15 Page 5 of 11

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of depositions, hearings, trials, pleadings, exhibits marked by a party, attorneys’ work product,

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all of which may contain Designated Information.
d.

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Independent experts or consultants (together with their clerical staff) not

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associated directly or indirectly with a party that have been retained by Counsel to assist in the

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prosecution, defense or settlement of this action after they have executed Exhibit A hereto;
e.

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Steven Liguori, a representative of Bruno Liguori Turquoise Trading, Inc.,

and Bert Hansen, provided making the Confidential Documents available shall only be shown to

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such parties in person, with no copies, digital or tangible, being made available and such persons

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may not copy, photograph, write notes down in any manner or format of the Confidential

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Documents; and

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f.

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WHITEHEAD & BURNETT

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7.

Any other person as to whom the parties in writing agree.

Any party, party representative, witness, expert, or consultant permitted by this

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Protective Order to have access to Designate Information shall, prior to be given such access, be

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provided with a copy of this Protective Order for review. On receiving this Protective Order,

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each shall sign a statement in the form of Exhibit A hereto indicating that he/she has read the

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Protective Order and agrees to comply with its terms. Counsel providing such access shall retain

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all original executed copies of Exhibit A until this litigation, any appeals thereto, and judgment

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collection are concluded.

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8.

The procedure for having any third party (“proposed third party”) approved for

access to Designated Information shall be as follows:
a.

The Receiving Party shall provide the Designating Party with:

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i)

The name of the proposed third party;

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ii)

The present employer and title of the proposed third party; and

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STIPULATED PROTECTIVE ORDER
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Case 2:11-cv-00492-GWF Document 242 Filed 08/13/15 Page 6 of 11

iii)

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A written acknowledgment in the form of Exhibit A attached

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hereto, signed and understood by the proposed third party, that the

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proposed third party has read this Protective Order and agrees to be

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bound by its terms.

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b.

Within five (5) business days after receiving a copy of the information and

in writing (by electronic mail or otherwise) to the approval of the proposed third party upon a

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reasonable basis. Failure to object within five (5) business days to the proposed third party shall

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be deemed approval, but shall not preclude the Designating Party from later objecting to

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continued access by that third party where facts suggesting a basis for objection are subsequently

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learned by the producing party or its counsel. If objection is made, the Designated Information

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shall not be disclosed to the proposed third party until either: (i) the Designating Party withdraws

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its objection; or (ii) the Court makes a determination on the issue.

6980 O’BANNON DRIVE
LAS VEGAS, NV 89117
T:702.267.6500

the written acknowledgment described in subsection (a) above, the Designating Party may object

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WHITEHEAD & BURNETT

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c.

If the Designating Party objects to a proposed disclosure of Designated

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Information pursuant to this Paragraph 8, the parties shall, within five (5) business days from the

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date of the mailing of notice of objection, confer and attempt to resolve the dispute. At that

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conference, the Designating Party shall inform the Requesting Party of its reasons for objecting

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to the proposed third party. If the parties cannot resolve the dispute, of if no conference is

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completed within five (5) business days, then the Designating Party may move the Court for an

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order prohibiting or limiting disclosure to the proposed third party.

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d.

The Designated Information may be disclosed if the Designating Party

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fails to move the Court for an appropriate order within five (5) business days after the conference

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identified in Paragraph 8(c) hereof. If the Designating Party timely files a motion with the Court

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STIPULATED PROTECTIVE ORDER
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Case 2:11-cv-00492-GWF Document 242 Filed 08/13/15 Page 7 of 11

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for an appropriate order within the five (5) business day period, the Designated Information may

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not be disclosed to the proposed third party unless and until the Court denies the Designating

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Party’s motion. These times periods are not to restrict either party from moving for a Court order

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earlier if the circumstances so require.

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9.

This Protective Order does not in and of itself create any privileges or right to

fact that the burden of proving that information should be protected from disclosure belongs to

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the party asserting that a document should remain out of the public eye. Further, the restrictions

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set forth in this Protective Order will not apply to information that is already within the public

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realm before the date of its transmission to the Designating Party, provided that such information

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does not become publicly known by any act or omission of the receiving party its employees,

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agents or any person receiving such information under the terms of this Protective Order.

6980 O’BANNON DRIVE
LAS VEGAS, NV 89117
T:702.267.6500

non-disclosure should this Court determine materials are not protected. Nor does it change the

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WHITEHEAD & BURNETT

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10.

Designated Information shall not be filed with the court or offered into evidence

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at a hearing or trial of this case, unless an order has first been entered by the Court pursuant to a

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Sealing Order, which provides that such information shall be sealed and redacted when entered

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into the court records. On such an order being issued, Designated Information shall be filed with

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the court or offered into evidence pursuant to a Sealing Order.

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11.

Notwithstanding anything to the contrary herein, if a party through inadvertence

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or mistake produces any Designated Information without marking it with the legend

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“Confidential,” the Designating Party may give written notice to the Receiving Party that the

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document, information, or testimony contains Designated Information and should be treated as

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such in accordance with the provisions of this Protective Order. On receipt of such notice, and

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upon receipt of properly marked materials the Receiving Party shall return said unmarked or

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Case 2:11-cv-00492-GWF Document 242 Filed 08/13/15 Page 8 of 11

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incorrectly marked materials and not retain copies thereof, and must treat such documents,

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information, or transcripts as Designated Information. The Receiving Party shall not be

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responsible for the disclosure or other distribution of belatedly-labeled Designated Information

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as to such disclosure or distribution that occurred prior to the Receipt of such notification of

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claim of confidentiality, and any such disclosure or distribution Shall not be deemed to be a

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waiver or violation of this Protective Order.

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12.

If any party believes that any other party or non-party has unreasonably

other than those permitted by this Protective Order, or otherwise objects to disclosure as

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provided under Paragraphs 5 through 6 hereof, and the Designating Party does not agree to

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change the designation or to further disclosure, the objecting party shall first serve written notice

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of its objection to the producing party within five (5) business days from the date of service of

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the objection, the parties shall confer and attempt to resolve the dispute in good faith on an

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informal basis, such as by production of redacted copies. If the parties cannot resolve the

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dispute, or if the conference does not take place, then the resolution shall be as follows:

6980 O’BANNON DRIVE
LAS VEGAS, NV 89117
T:702.267.6500

designated certain information as “Confidential,” or believes it is necessary to disclose to persons

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WHITEHEAD & BURNETT

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a.

If the Designating Party is a party to this action the Designating Party may move

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the Court for an appropriate order. The Designated Information may be disclosed if the

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Designating Party fails to move the Court for an appropriate order within five (5) business days

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after the conference. If the Receiving Party timely files a motion with the Court for an

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appropriate order within the five (5) business day period, the Designated Information may not be

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disclosed to the proposed third party unless and until the Court denies the designating Party’s

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motion. These time periods are not to restrict either party from moving for a Court order earlier if

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the circumstances so require.

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STIPULATED PROTECTIVE ORDER
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Case 2:11-cv-00492-GWF Document 242 Filed 08/13/15 Page 9 of 11

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b.

If the Designating Party is not a party to this motion, the Receiving Party shall

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move the Court for an appropriate order allowing production of the materials at issue to the

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proposed third party within five (5) business days after the conference. If the Receiving Party

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timely files a motion with the Court for an appropriate order within the five (5) business day

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period, the Designated Information may not be disclosed to the proposed third party unless and

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until the Court denies the Receiving Party’s motion. These time periods are not to restrict either

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party from moving for a Court order earlier if the circumstances so require.

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13.

If information subject to a claim of attorney-client privilege or work-product

immunity is inadvertently produced, such production shall in no way prejudice or otherwise

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constitute a waiver of, or estoppel as to, any such claim. If a party has inadvertently produced

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subject to a claim of immunity or privilege, upon request, such information shall be returned

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promptly and, if a document, all copies of that document shall be destroyed. The party returning

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such information may move the Court for an Order compelling production of such information

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upon a good faith basis for challenging the privilege or protection but may assert, as a basis for

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compelling production, wavier based on its inadvertent production in the first instance.

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LAS VEGAS, NV 89117
T:702.267.6500

WHITEHEAD & BURNETT

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14.

Within sixty (60) calendar days of the termination of this action, the collections

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proceedings associated therewith, and any and all appeals associated with the action, unless

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Counsel otherwise agree in writing, each party shall assemble and return all Designated

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Information, including copies, to the person(s) and entity from whom the material was obtained.

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Counsel may retain one (1) copy of any Designated Information previously filed with or

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submitted to the Court as provided by Paragraph 10.

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15.

This Protective Order will not prejudice the right of any party or non-party to

oppose production of any information on the ground of attorney-client privilege, work product

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STIPULATED PROTECTIVE ORDER
CONFIDENTIAL DOCUMENTS - 9

Case 2:11-cv-00492-GWF Document 242 Filed 08/13/15 Page 10 of 11

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immunity, trade secret status, or any other protection provided under the law.
16.

This Protective Order is valid and binding upon all signatories to this Stipulated

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Protective Order and all subsequent counsel of record or of contract. In the event Plaintiffs or

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Defendant substitute counsel or proceed pro se, new counsel, or any of the parties, may move to

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modify this Protective Order for good cause shown. However, unless and until the Court

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modifies this Protective Order, this Protective Order shall remain in full force and effect.

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WHITEHEAD & BURNETT

HUTCHISON & STEFFEN, LLC

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/s/ Jeffrey J. Whitehead
Jeffrey J. Whitehead (3183)
Gary Burnett (7632)
6980 O’BANNON DRIVE
Las Vegas, Nevada 89117
Attorneys for Defendant

/s/ Ava M. Bessel
Todd L. Moody (5430)
Kumen L. Taylor (10244)
Jacob A. Reynolds (10199)
Ava M. Bessel (12698)
10080 West Alta Drive, Suite 200
Las Vegas, Nevada 89145
Attorneys for Plaintiffs

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6980 O’BANNON DRIVE
LAS VEGAS, NV 89117
T:702.267.6500

WHITEHEAD & BURNETT

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Dated: August 12, 2015

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Dated: August 12, 2015

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Pursuant to the Stipulation of the Parties and their respective counsel, IT IS SO
ORDERED.
14th
August
This _____ day of _________________________, 2015.

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___________________________________
MAGISTRATE JUDGE

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STIPULATED PROTECTIVE ORDER
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Case 2:11-cv-00492-GWF Document 242 Filed 08/13/15 Page 11 of 11

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EXHIBIT A

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CONFIDENTIALITY AGREEMENT

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I, ___________________________________ do hereby acknowledge and agree, under
penalty of perjury, as follows:
1.

I have read the Stipulated Confidentiality Agreement and Protective Order (the
“Protective Order”) entered in Liguori v. Hansen et al and fully understand its
contents.

2.

I hereby agree and consent to be bound by the terms of the Protective Order and
to comply with it in all respects, and to that end, hereby knowingly and
voluntarily submit and subject myself to the personal jurisdiction of the United
States District Court, District of Nevada so that the said Court shall have the
power and authority to enforce the Protective Order and to impose appropriate
sanctions upon me for knowingly violating the Protective Order, including
punishment for contempt of Court for a knowing violation of the Protective
Order.

3.

I understand that by signing this instrument, I will be eligible to receive
“Confidential Information” in accordance with the terms and conditions of the
Protective Order, and that if I should knowingly make a disclosure of any such
information in a manner unauthorized by the Protective Order, I will have
violated a court order, will be in contempt of court and will be subject to
punishment by the court for such conduct.

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6980 O’BANNON DRIVE
LAS VEGAS, NV 89117
T:702.267.6500

WHITEHEAD & BURNETT

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DATED this ______ day of _______________________, 2015.

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____________________________________
(Signature)
_____________________________________
Print name
_____________________________________
Street address
_____________________________________
City, State, Zip

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STIPULATED PROTECTIVE ORDER
CONFIDENTIAL DOCUMENTS - 11