Guglielmi v. Federal Bureau Of Prisons et al
Filing
23
STIPULATED PROTECTIVE ORDER Granting 22 Joint MOTION for Protective Order. Signed by Magistrate Judge George Foley, Jr on 8/28/13. (Copies have been distributed pursuant to the NEF - MMM)
Ashlee B. Fletcher, Bar #12740
STRUCK WIENEKE & LOVE, P.L.C.
3100 West Ray Road, Suite 300
Chandler, Arizona 85226
Telephone: (480) 420-1600
Facsimile: (480) 420-1693
Email: afletcher@swlfirm.com
Gina Gilbert Winspear, Bar #5552
DENNETT WINSPEAR, LLP
3301 North Buffalo Drive, Suite 195
Las Vegas, Nevada 89129
Telephone: (702) 839-1100
Facsimile : (702) 839-1113
Email: gwinspear@dennettwinspear.com
Attorneys for Defendant Corrections
Corporation of America
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
KIMBERLY A. GUGLIELMI, individually and
for and on behalf of CHRISTOPHER
GUGLIELMI, deceased,
Plaintiffs,
v.
THE UNITED STATES OF AMERICA
BUREAU OF PRISONS, CORRECTIONS
CORPORATION OF AMERICA, A
MARYLAND CORPORATION, DOES I-V,
inclusive; and ROE BUSINESS ENTITIES IV, inclusive,
Defendants.
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CASE NO.: 2:12-cv-01733-APG-GWF
STIPULATED PROTECTIVE
ORDER
Upon Joint Motion and stipulation of the parties for a Protective Order
pursuant to Rule 26(c), of the Federal Rules of Civil Procedure,
It is hereby ORDERED that:
1.
For
purposes
of
this
protective
order,
CONFIDENTIAL
INFORMATION means any 1) non-public document or tangible thing, electronic
recording, or transcript of oral testimony whether or not made under oath, and the content
of such document, thing, recording or transcript, designated by any party as
CONFIDENTIAL because it contains proprietary information (trade secret, proprietary
matter, or other confidential research, development, or commercial information as those
terms are used in Federal Rule of Civil Procedure 26); 2) confidential personal
information, including but not limited to the named Plaintiff’s health care and mental
health information and personal information of current and former CCA employees and
Plaintiff’s decedent; 3) business-sensitive documents and things containing proprietary,
financial, pricing, or related contractual information; and, 4) security-sensitive documents
and things, including but not limited to policies, procedures and practices, training
materials, depictions of security features, and personnel files and documents relating to
individuals currently or formerly employed at the Nevada Southern Detention Center
(“NSDC”), the public release of which could pose a risk to the safe and orderly operation
of a secure detention center and endanger the physical safety of staff, other detainees, and
members of the public. By way of example, and not limitation, CONFIDENTIAL
INFORMATION may be included in documents, simulations, animations, portions of
documents, computer programs and software, magnetic or digital discs, electronically
recorded media of any sort, transcripts, summaries, notes, abstracts, motions, drawings,
videos, photographs, and any instrument that comprises, embodies, or summarized matter
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that any party considers confidential.
2.
Nothing in this Order or the acceptance of documents under this
Order waives any party’s right to object to the classification of any information as
confidential and to submit the issue to the Court for resolution. If any party believes any
designation of a document as CONFIDENTIAL is inappropriate, the parties will meet
and confer and attempt to resolve the issue on an expedited basis. If the parties are
unable to mutually agree on a resolution, the parties will seek appropriate Court
intervention, including a request for a discovery conference or call with the Magistrate
Judge and where appropriate, submit the documents to the Magistrate Judge under seal to
determine whether and to what extent such information should be deemed
CONFIDENTIAL. Where requested or permitted by the Court, the parties may provide
the Court with separate statements containing the challenges by the party opposing the
CONFIDENTIAL designation, and the justifications, which may be supported by
affidavit, by the party designating the documents as CONFIDENTIAL.
3.
By way of example, the term “documents” includes but is not
limited to operations records, institutional records, medical records, policies and
procedures, training materials, correspondence, memoranda, or other printed matter,
interoffice and/or intra-corporate communications, letters, statements, contracts, invoices,
drafts, charts, maps, diagrams, video, photographs, personnel files, work sheets, desk
diaries, recordings, specifications, compilations from which information can be obtained
and translated as required through detection devices into reasonably usable form,
sketches, drawings, notes (including laboratory notebooks and records), disclosures, data,
reports, work assignments, instructions, and other writings.
4.
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It is contemplated that the parties may produce documents and
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things from their files or obtained from third parties pursuant to agreement or subpoena
(files and information that contain confidential as well as non-confidential material) and
that, at the time of production, the producing party will designate the documents that they
deem to contain CONFIDENTIAL INFORMATION.
Only documents marked as
“CONFIDENTIAL” will be subject to this Protective Order. Documents subject to this
Protective Order will be used by non-producing counsel only in this lawsuit, subject to
requests made pursuant to Paragraphs 9 and 10. CONFIDENTIAL INFORMATION will
not be disseminated or produced except in accordance with this Order.
5.
Whenever a deposition of court proceeding involves the disclosure
of a party’s CONFIDENTIAL INFORMATION to another party, the following
procedure will apply:
(a)
The court reporter will be directed to bind those portions of
the transcript containing CONFIDENTIAL INFORMATION separately.
This
request will be made on the record whenever possible.
(b)
The cover of any portion or a deposition of court proceeding
transcript that contains testimony or documentary evidence that has been
designated CONFIDENTIAL INFORMATION will be prominently marked with
the following legend:
CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER
(c)
All portions of deposition of court proceeding transcript
designated as Confidential Information will be sealed and will not be disseminated
except to the persons identified in Paragraph 8.
(d)
Any party may designate any portion of a deposition as
containing CONFIDENTIAL INFORMATION and subject to this Protective
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Order during or at a reasonable time after receipt of the transcript. All deposition
transcripts shall be treated as the entire contents were designated as
CONFIDENTIAL INFORMATION and are subject to this Protective Order for
the thirty (30) day period following their receipt by counsel for the parties.
6.
If a party intends to designate portions of a deposition as
“CONFIDENTIAL”, that party shall have the right to limit attendance at the relevant
portion of the deposition to the persons set forth in Paragraph 8 of this Protective Order.
7.
with the
Any motions, memoranda, or affidavits, or other papers to be filed
Court that contain, describe, detail,
or discuss
CONFIDENTIAL
INFORMATION shall be filed in the public record in redacted form. The parties are
authorized and directed to file an unredacted version of any such document under seal
with the Clerk of the Court. Any unredacted version filed with the Clerk in paper format
shall be filed in sealed envelope prominently marked with the caption of this case, the
identity of the party filing the envelope, the title of the contents filed, and the notation:
CONFIDENTIAL INFORMATION
SUBJECT TO PROTECTIVE ORDER
THIS ENVELOPE IS NOT TO BE OPENED NOR THE CONTENTS
DISPLAYED, COPIED, OR REVEALED,
EXCEPT BY COURT ORDER
8.
Unless otherwise provided in this Order, access to CONFIDENTIAL
INFORMATION will be restricted to the Court, its employees, the parties, and to the
following counsel and experts: attorneys in this action and their support staff, including
paralegals, legal interns, legal assistants, and outside legal support vendors; testifying or
consulting experts; where production is required by the Federal Rules of Civil
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Procedures; or, where production is ordered by the Court. The above disclosures may be
made provided that no disclosure shall be made to any person currently employed by or
seeking employment with any competitor of the party producing the CONFIDENTIAL
INFORMATION except upon Order of the Court; to any member of the press; or, to any
current or former detainee or inmate of any detention or correctional facility operated by
CCA. Any party (including employees), attorney, the attorney’s support staff, experts,
and legal support vendors to whom disclosure is made will be furnished with a copy of
the Protective Order and will be subject to the Order.
9.
If Plaintiff’s counsel or experts are required by law or court order to
disclose Defendant’s CONFIDENTIAL INFORMATION to any person or entity not
identified in Paragraph 8, the name of that person or entity will be furnished to counsel
for CCA as a far in advance of disclosure as is reasonably possible (ideally, not less than
two weeks), so that Defendant may object and seek further protection as necessary. Once
an objection has been made, there will be no disclosure until the matter is resolved,
unless disclosure is required by law or court order. Any person not listed in Paragraph 8
who is then entitled to receive CONFIDENTIAL INFORMATION must be furnished
with a copy of this Protective Order and will be subject to the Order.
10.
Upon completion of this litigation, if Plaintiff’s counsel desires to
use the CONFIDENTIAL INFORMATION produced by Defendant CCA pursuant to this
agreement in any other lawsuit, Plaintiff’s counsel must first request permission in
writing from the Office of the General Counsel of CCA and/or Struck Wieneke & Love,
P.L.C. The request must be made in sufficient time (not less than two weeks) for CCA
and/or Struck Wieneke & Love, P.L.C. to adequately respond. If permission is given, all
terms of this Protective Order will apply to the use of CONFIDENTIAL
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INFORMATION in any other lawsuit. If permission is not given, Plaintiff’s counsel
agrees not to use the CONFIDENTIAL INFORMATION produced in this litigation in
any other subsequent litigation.
11.
Within one hundred twenty (120) days after conclusion of this
litigation and any appeal thereof, counsel and their experts shall either 1) return to the
producing party or 2) provide a Certificate of Destruction to the producing party of all
CONFIDENTIAL INFORMATION produced and any and all reproductions of
CONFIDENTIAL INFORMATION in their possession, except as this Court may
otherwise order or to which extend such information was used as evidence at trial. As far
as the provisions of any Protective Order entered in this action restrict the communication
and use of the CONFIDENTIAL INFORMATION produced thereunder, such orders
shall continue to be binding after the conclusion of the litigation, except (a) that there
shall be no restriction of materials used at exhibits in Court, unless such exhibits have
been filed under seal or subsequently sealed, and (b) under the provisions of paragraphs 9
and 10. All documents and materials consisting of CONFIDENTIAL INFORMATION
shall be returned to certified destroyed to producing counsel in a manner in which
counsel will be able to reasonably verify that all documents were returned or destroyed.
12.
Counsel for the various parties retains the right to challenge the
designation of a particular document as CONFIDENTIAL INFORMATION. The burden
of proof with respect to the propriety or correctness of the designation of information as
CONFIDENTIAL INFORMATION will rest on the designating party. The designation
as CONFIDENTIAL shall be made, whenever possible prior to production, but placing or
affixing on each page of such material and a manner that will not interfere with its
legibility the word “CONFIDENTIAL”, or by the designation of categories and
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production number of documents and things designated “CONFIDENTIAL.” If such
designation is not possible prior to production, the designation must be made by the
producing party within twenty (20) days after disclosure. All information received from
the producing party will be treated as CONFIDENTIAL INFORMATION until the
twenty (20) days have elapsed or counsel for the producing party confirms that the
information is not confidential.
In the event a mistake or inadvertent disclosure is
discovered post-production, a subsequent designation of CONFIDENTIAL shall be
deemed effective as of the date of the notice.
13.
Nothing in this Protective Order precludes Plaintiff or Defendant
from seeking and obtaining, by stipulation and agreement, or upon an appropriate
showing, additional protection with respect to the confidentiality of documents or other
discovery materials, or relief from this Protective Order.
14.
Each person designated in Paragraph 8, by receiving and reading a
copy of the Protective Order entered by this Court per the parties agreement, agrees to
abide by its provisions and to see that its provisions are known and adhered to by those
under his or her supervision or control, and to submit to the jurisdiction of the Court in
the event the Protective Order is breached.
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STIPULATED AND AGREED this 27th day of August, 2013.
GAZDA & TADAYON, LTD
STRUCK WIENEKE & LOVE, P.L.C.
/s/ Lewis J. Gazda
LEWIS J. GAZDA, ESQ.
Nevada Bar No. 004269
AFSHIN TADAYON, ESQ.
Nevada Bar No. 006517
2600 South Rainbow Boulevard, #200
Las Vegas, NV 89146
(702) 220-7128
Attorneys for Plaintiff
/s/ Ashlee B. Fletcher
ASHLEE B. FLETCHER, ESQ.
3100 West Ray Road, Ste. 300
Chandler AZ 85226-2473
Attorney for Defendant
August
28
IT IS SO ORDERED this ___ day of _______________ 2013.
Andrew P. FOLEY, JR.
GEORGE Gordon
United States District Judge
United States Magistrate Judge
District of Nevada
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