Boyd et al v. General Motors Company

Filing 23

PROTECTIVE ORDER Granting 22 Stipulation for Protective Order. Signed by Magistrate Judge George Foley, Jr on 4/29/13. (Copies have been distributed pursuant to the NEF - EDS)

Case 2:12-cv-01485-JCM-GWF Document 22 Filed 04/24/13 Page 1 of 5

LINITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MATTHEV/ BOYD, a Minor, by and through
RANDALL BOYD, Individually and as
Parent and Natural Guardian of MATTHEV/
BOYD, a minor, MARY BOYD, Individually
and as Parent and Natural Guardian of
MATTHEW BOYD, a minor,

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Plaintiffs,

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VS

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GENERAL MOTORS COMPANY, A
Delaware Corporation; DOE DEFENDANTS
I-XX, AND ROE CORPORATIONS I-XX,
INCLUSIVE,

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Defendants.

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Case No. 2:12-:v-01485-JCM-GWF

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AGREED

ORDER CONCERNING G M DOCI]MENTS

This matter coming on before the Court on this 29 day of

April

2013, upon the

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motion of all parties for an entry of an Agreed Protective Order Concerning GM Documents.

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Upon consideration of the matter, the Court makes the following findings and orders:

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The Court finds that the parties have agreed to the entry of this Order as a means of
expediting discovery of documents and information which may be relevant herein.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
STATUS
I. PROCEDURE F'OR DETERMINING CONFID

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1.

Prior to production of documents that contain trade secrets or confidential business

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information, including, but not limited to: test reports, research repotts, design information,

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design, engineering andlor assembly drawings, test specif,rcations, meeting minutes, engineering

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files, computer programs, design guidelines andlor specifications, and assembly

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General Motors LLC, (GM) may designate as "confidential" ot "Produced Pursuant to Protective

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Order" any such document or materials after they have made a review of the documents to

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determine, in good faith, that they constitute trade sectets, confidential research, development,

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commercial information, ot are otherwise entitled to protection'

documents,

Case 2:12-cv-01485-JCM-GWF Document 22 Filed 04/24/13 Page 2 of 5

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2.

The confidential status accorded any documents, information or material produced

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pursuant to this Order shall remain in effect until further Order of this Courl as to any such

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document, information or material.

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3,

After receiving the documents, Plaintiffs have the right to hle objections to the

of any documents that Plaintiffs believe are not

entitled

to such

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confidential designation

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designation. After frling Plaintiffs' objections, GM shall have 30 days to file a motion with the

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court to determine whether the documents are entitled to conhdential treatment. The burden is

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upon GM to show that Plaintiffs use of the documents should be subject to any restrictions. The

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documents

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and GM's motion.

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will maintain their confidential

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designation pending resolution of Plaintiffs' objection

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V/ith regard to those documents, information or materials which are

accorded

"confidential" status as set forth above, the following orders shall be in effect:

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Plaintiffs and Plaintiffs' counsel shall not provide copies of such documents,

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information or materials to any person or entity except as otherwise provided below.

2.

Plaintiffs' counsel may use all of such documents, information and materials in the

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ordinary course of prosecuting this litigation or any other litigation in which Plaintiffs' counsel is

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employed, subject to the rules of evidence regarding admissibility, and may make available such

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information to agents, representatives and employees of Plaintiffs' counsel, parties to any such

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litigation, and experts or expert consultants in such litigation and any other person necessary to

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Plaintiffs' counsel's prosecution of this litigation and/or any other litigation in which Plaintiffs'

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counsel is employed; provided, however, that Plaintiffs' counsel and persons entitled to receive or

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review such documents, information or materials pursuant to this Order shall not divulge or

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release such documents, information

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unrelated to this lawsuit.

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or materials to competitors of GM, or other persons

Plaintiffs' counsel is also permitted to provide documents, information or materials

to this Order to other attorneys actively

prosecuting cases against GM

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produced pursuant

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involving: a claim relating to the rear outboard seat belt assemblies in 2005-2010 GMX 381 sedan

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Case 2:12-cv-01485-JCM-GWF Document 22 Filed 04/24/13 Page 3 of 5

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vehicles. Provided that, (1) the other attorneys sign an acknowledgement and agree to be bound by

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the terms of this Order and be subject to the jurisdiction of this couft, and (2) provided that

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Plaintiffs' counsel in this

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3.

case shall maintain a

list of such other attorneys subject to fl7 below.

In addition, during the course of discovery, GM may request documents from

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suppliers that contain highly confidential and commercially sensitive trade secrets. Documents

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received from suppliers

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contained in Section 2, above, and may not be disseminated to any other counsel.

will not be subject to the sharing provision of this protective order

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Additionally, some design information maintained by GM may be saved

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dimensional ("2D") drawings and some design information may be saved in a three-dimensional

two-

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("3D") electronic CAD data format. GM's electronic 3D CAD data constitutes

confidential, commercially sensitive trade secrets. To the extent that GM's electronic 3D CAD

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data is responsive to Plaintiffs' discovery requests, such electronic 3D CAD data

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subject to the sharing provision of this protective order contained in Section 2, above, and may

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not be disseminated to any other counsel.

highly

will not be

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4.

Documents, information or materials produced pursuant to this Order, and any

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copies thereof, may be disclosed to deponents or witnesses during the course of their preparation

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for, and the taking of, their deposition or testimony. Prior to the disclosure of such information to a

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deponent or witness, the attorney making disclosure shall advise the deponent or witness to whom

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the documents, information or materials contained therein are to be disclosed that, pursuant to this

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Order, such deponent or witness may not divulge any such materials or the information contained

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therein to any other persons unrelated to this lawsuit.

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5.

In the event that such conhdential documents or materials are included with, or the

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contents thereof are in any way disclosed by any pleadings, motion, deposition transcript or any

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other paper filed with this Court, GM

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the confidentiality of those conf,rdential documents as the Court deems appropriate, consistent

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with the Ninth Circuit's opinion in Kømakana v. City and County of Honolulu, 447 F.3d II72,

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II78-79 (9th Cir. 2006)

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2010). Such materials shall be kept confidential and under

and

will have the opportunity to request the Courl to preserve

Pintos v. Pacific Creditors Association, 605 F.3d 665,678 (9th Cir.

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seal

until further Order of this Court.

Case 2:12-cv-01485-JCM-GWF Document 22 Filed 04/24/13 Page 4 of 5

Pursuant to Local Rule 10-5(b) of the District of Nevada,

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if papers are filed under seal

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pursuant to this protective order, "the papers shall bear the following notation on the hrst page,

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directly under the case number: 'FILED UNDER SEAL PURSUANT TO ORDER DATED

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_."'

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Electronic Filing Procedures of the District of Nevada (rev. Aug. 24,2006), and Local Rules 10-5

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and I0-2 of the District of Nevada, Confidential Information that is filed under seal shall not be

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f,rled using the Court's ECF system, although a notice

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pursuant to the Courl's electronic frling procedures.

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In accordance with Special Order 109 of the District of Nevada, Section IV.C. of

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the

of filing documents under seal shall be filed

GM shall not mark as confidential information, documents, ot materials that

are

already in the public domain.

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Plaintiffs' counsel shall maintain a list of names of each person, to whom

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confidential documents and materials covered by this Order have been disclosed. This provision

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does not apply to the names of counsel in this case nor to employees of their off,rces. This list

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shall be available for inspection by the Court, upon motion and a showing of good cause by GM.

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8.

At the conclusion of this lawsuit by judgment, settlement, dismissal or othetwise,

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Plaintiffs shall return to counsel for GM all copies of documents and materials in this

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designated "confidential" or "Produced Pursuant to Protective Order" unless Plaintiffs' counsel in

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this case are involved in any other litigation, as described above. In the case documents covered

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by this Order are marked, altered, or annotated, and/or distributed to persons covered by this

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Order, Plaintiffs' counsel may alternatively certify that the documents and materials have been

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destroyed.

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9.

case

This Protective Order and its terms may be modified by any subsequent Protective

Order to which both Plaintiffs and GM have agreed and which is entered by this Court.

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This Protective Order and its terms apply to all parties and entities receiving

documents subject to this Protective Order.

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Case 2:12-cv-01485-JCM-GWF Document 22 Filed 04/24/13 Page 5 of 5

III.

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USE AT TRIAL

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This Order shall have no effect on the offering or admission of documents at trial.

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SIGNED AND ENTERED this 29th day

of

April

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Judge
GEORGE

FOLEY, JR.
United States Magistrate Judge

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APPROVED AS TO FORM:
/s/ John Funk
Gerald I. Gillock
Gerald I. Gillock & Associates
428 S. 4th Street
Las Vegas, Nevada 89101
Attorneys for Plaintiffs

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and

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Bar No
r.l.p.
& WILMER

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3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89101

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Mary Quinn Cooper
Andrew L. Richardson
MCAFEE & TAFT
1717 S. Boulder, Suite 900
Tulsa, OK74Il9

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Attorneys for Defendant

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