Gross-Rubio v. Metropolitan Life Insurance Company

Filing 79

PROTECTIVE ORDER re 71 Stipulation for Protective Order. Signed by Judge Richard F. Boulware, II on 3/30/17. (Copies have been distributed pursuant to the NEF - MMM)

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KRISTINA N. HOLMSTROM
Nevada Bar No. 10086
LEWIS ROCA ROTHGERBER CHRISTIE LLP
3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996
E-mail: [e-mail]
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant Metropolitan
Life Insurance Company

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GINA GROSS-RUBIO, an individual,

3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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CASE NO. 2:12-C V-01281-RFB-GWF

Plaintiff,
PROTECTIVE ORDER REGARDING
CONFIDENTIAL MATERIAL

vs.
METROPOLITAN LIFE INSURANCE
COMPANY, a New York Corporation; DOES I
through X, Inclusive; and ROE
CORPORATIONS XI through XX, Inclusive,

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Defendants.
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METROPOLITAN LIFE INSURANCE
COMPANY, a New York Corporation,

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Counterclaimant,
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vs.
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GINA GROSS-RUBIO, an individual,
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Counterdefendant.
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Pursuant to the Minutes from the September 29, 2016 proceedings (Doc. 68),

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Defendant METROPOLITAN LIFE INSURANCE COMPANY (“MetLife”)

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submits the proposed Protective Order:
1.

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This Order shall apply to the production by MetLife of any claim guidelines
(“the guidelines”), and to any information or testimony pertaining to the guidelines,
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during this litigation.
2.

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No document or information provided under Paragraph 1 may be disclosed to
any person, except for the following:
(a) Counsel of record; (b) the parties; (c) employees of the parties;

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(d) persons assisting counsel of record, including office staff of counsel, and other

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individuals retained by the parties and/or counsel for the parties to whom it is

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necessary that the material be disclosed for purposes of this litigation, and who

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agree to comply with this Order; and (e) any deponent whose testimony relates to
the content of the guidelines, provided that the deponent agrees to comply with this

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3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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Order.
3.

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All such documents and information MetLife produces pursuant to paragraph

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1 shall be deemed “Confidential” and used only in the course of this action,

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including for use as evidence in any trial herein, if admissible, and shall not be used

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or provided for use in any other litigation or proceedings, and specifically shall not

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be disclosed to other parties in other litigation against MetLife, and shall not be

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disclosed to anyone at any time other than as specifically provided herein.
4.

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The documents and information MetLife produces to Plaintiff and/or counsel

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for Plaintiff pursuant to paragraph 1 shall not be published orally, electronically, by

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copy, or by any other means to any person other than persons enumerated in

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paragraph 2 of this Order.

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5.

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Upon conclusion of this action, Plaintiff and/or counsel for Plaintiff shall

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return to MetLife the original and all copies made of such documents described in

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paragraph 1 within 30 days after conclusion of the case, including any appeals.

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6.

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In the event a party, non-party or their attorney is required to appear in any

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subsequent legal proceeding which may concern documents deemed as

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“Confidential” or information contained therein, the party, non-party or their

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attorney will notify MetLife’s designated agent as soon as reasonably practicable

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after receipt of such process (including summons, subpoena or court order), but in

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any event sufficiently in advance of the disclosure such that MetLife may thereafter

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take such action as it deems necessary to prevent any disclosure. The person

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required to testify may respond to any questions regarding the documents or
information unless directed by a Court to refrain from testifying. No notice under

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3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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this paragraph shall be required if MetLife is a party to any such subsequent legal

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proceeding.
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MetLife’s designated agent for notice hereunder is:
Kristina N. Holmstrom

LEWIS ROCA ROTHGERBER CHRISTIE, LLP
3993 Howard Hughes Parkway, Suite 600
Las Vegas, NV 89169
602.262.5762 (telephone)
[e-mail]

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8.

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If a party wishes to submit the guidelines to the Court in support of or in

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opposition to a motion or to introduce the guidelines as evidence of record at a

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hearing or during trial, that party shall first make a motion to seal pursuant to Rule 3

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of the Nevada Rules for Sealing and Redacting Court Records.
9.

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The guidelines designated as Confidential, if submitted to the Court in

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support of or in opposition to a motion or introduced at a hearing or during trial,

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shall be filed in sealed envelopes or other appropriate sealed containers on which

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shall be endorsed the title of this action, an indication of the nature of the contents of

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such sealed envelope or other container, the words “Confidential Information” and a
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statement substantially in the following form:
CONFIDENTIAL

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This envelope contains information which has been designated as

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Confidential and is not to be opened and its contents are not to be disclosed to any

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person other than the Court or its Clerks except by Order of the Court, or upon the

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stipulation of the parties.
10.

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In the event a recipient of Confidential Information produced in connection
with this action receives any subpoena, other legal process or request directed at
compelling the production of Confidential Information, that recipient shall

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3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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immediately notify Counsel for MetLife in writing, so as to afford it ample

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opportunity to contest that subpoena, legal process or request.
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Plaintiff and Counsel for Plaintiff acknowledge that the unauthorized

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disclosure of Confidential Information shall constitute a material breach of this

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Order entitling MetLife to all available and appropriate remedies. Nothing in this

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Order limits MetLife’s right to pursue all available legal or equitable remedies

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available to it resulting from a breach of this Order.

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30th
SO ORDERED this ____ day of

March

, 2017.

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RICHARD F. BOULWARE, II
United States District Judge

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CERTIFICATE OF SERVICE
I hereby certify that on October 14, 2016, I electronically transmitted the attached
document to the Clerk’s Office using the CM/ECF System for re-filing pursuant to the Court’s
Deficiency Notice (Doc. 70) and transmittal of a Notice of Electronic Filing to the following
CM/ECF registrants:
Cliff W. Marcek, Esq.
CLIFF W. MARCEK, P.C.
536 E St Louis Ave
Las Vegas, Nevada 89104
Attorney for Plaintiff Gina Gross-Rubio

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/s/ B. Phares
An Employee of Lewis Roca Rothgerber Christie LLP

3993 Howard Hughes Pkwy, Suite 600
Las Vegas, NV 89169-5996

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