Torrisi v. Great American Insurance Company

Filing 19

PROTECTIVE ORDER. Signed by Magistrate Judge George Foley, Jr on 1/3/13. (Copies have been distributed pursuant to the NEF - MMM)

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WILLIAM W. McGAHA, ESQ.
Nevada Bar #3234
EVA L.D. JOHNSON, ESQ.
Nevada Bar #10628
SCHUETZE & McGAHA, P.C.
601 S. Rancho Drive, Suite C-20
Las Vegas, Nevada 89106
[phone]
(702) 369–2110 Facsimile
[e-mail]
[e-mail]
WILLIAM M. DEMLONG
Nevada Bar #7674
KUNZ PLITT HYLAND & DEMLONG
3838 N. Central Avenue, Suite 1500
Phoenix, AZ 85012
[phone]
[phone] Facsimile
[e-mail]

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Attorneys for Defendant
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RYAN J. TORRISI,

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vs.

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GREAT AMERICAN INSURANCE
COMPANY, an Ohio corporation; DOES
I through V inclusive; and ROES I
through V, inclusive,

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Plaintiff,

CASE NO: 12-CV-01873-JCM-GWF

PROTECTIVE ORDER

Defendants.

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Under joint motion and stipulation of the parties;

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WHEREAS, the Court has determined that this action involves confidential and sensitive

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information, and good cause has been shown for entry of a Protective Order,

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IT IS HEREBY ORDERED AS FOLLOWS:
I. DEFINITIONS

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1.

"Litigation" means this action Cause No. 12-CV-01873-JCM-GWF.

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2.

"Party" or "Parties" means the Plaintiff Ryan Torrisi or Defendant Great American

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Insurance Company to the Litigation.
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3.

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Confidential Information" includes any document, tangible thing, material, or

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information which the producing Party reasonably believes not to be in the public domain and

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contains sensitive or confidential information, including, but not limited to underwriting

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materials, claim manuals and claim file materials. “Confidential Information” also includes any

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copies or reproductions, excerpts, summaries or other documents or media that paraphrase,

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excerpt and/or contain Confidential Information.
4.

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Nothing in this Order is intended to require the disclosure of documents that are

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subject to an attorney-client privilege, work product privilege, or other valid objection or

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privilege.
II. DESIGNATION OF OTHER CONFIDENTIAL INFORMATION

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5.

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Any Party to this action may, in good faith, designate information disclosed or

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produced by that party in the course of the Litigation as Confidential Information in the manner

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as set forth herein.
6.

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A Party may designate any document, tangible thing or information it discloses

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or produces in the Litigation as Confidential Information by stamping or otherwise marking

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such documents, tangible things or information "Confidential."
7.

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A Party may designate portions of deposition testimony, including exhibits, as

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Confidential Information.

Designation of deposition testimony, including exhibits, as

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Confidential Information shall be made by: (a) placing a statement to such effect on the record

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in the course of the deposition of any such deponent; or (b) notifying all other Parties in this

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action in writing within twenty (20) days of receipt of the transcript of the deposition as to those

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portions of the deposition to be designated as “Confidential.” If such designation is made

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during the deposition, the court reporter shall place the "Confidential" legend on each page

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of the transcript containing material designated as Confidential Information. A Party shall not

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be allowed to merely designate an entire deposition transcript as “Confidential.”

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“Confidential” designation is made during the twenty-day (20) period after receipt of the

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deposition transcript, all Parties in possession of the transcript at the time of receiving the

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If a

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designation or thereafter shall place the “Confidential” legend at the top of each page so

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designated and each photocopy thereof.

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8.

All or any part of a Party's responses to interrogatories, requests for admission

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or requests for the production of documents may be designated as “Confidential” Information.

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III. USE OF CONFIDENTIAL INFORMATION

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9.

Information designated as “Confidential” shall be used or disclosed solely in the

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Litigation and in accordance with this Protective Order.

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“Confidential” pursuant to the terms of this Protective Order shall not be used in any other

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litigation or for any other purpose without further order of this Court.

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10.

Information designated as

Nothing in this Protective Order shall preclude any Party or its representative

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from discussing with any other person the progress, theories, or legal strategy in the Litigation,

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so long as the contents of the Confidential Information are not disclosed. Nothing in this

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Protective Order shall bar or otherwise restrict any attorney for a Party in the Litigation from

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rendering advice to the party with respect to the litigation and, in the course thereof, relying

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generally upon the attorney’s examination of Confidential Information produced or exchanged

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herein; provided, however, that no Confidential Information may be disclosed in a manner

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inconsistent with this Protective Order.

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photocopying firms, access to Confidential Information shall be limited to:
(a)

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A Party's directors, officers, employees, and agents in connection with

prosecution, defense or supervision of Litigation;
(b)

Counsel of record for the Parties in the Litigation and employees of said

(c)

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Other than Court personnel (including court reporters) or commercial

Other counsel for parties in the Litigation and their employees which are

counsel;

assisting in the prosecution or defense of the Litigation;
(d)

Experts, consultants (including independent experts) and investigators,

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including the employees of such experts, consultants or investigators, who are employed,

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retained or otherwise consulted by counsel or a Party for the purpose of analyzing data,
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conducting studies, or providing opinions to assist, in any way, in the Litigation. Access to

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Confidential Information by experts, consultants, and investigators shall be limited to

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Confidential Information that the experts, consultants, and investigators reasonably require in

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their roles as experts, consultants and investigators;
(e)

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Litigation support firms retained by counsel or a Party in order to assist

in the prosecution or defense of the Litigation.
(f)

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Non-party deponents and any person (including that person's attorney)

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who a Party believes may be called to give testimony at any stage of the proceedings on

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matters relating to Confidential Information.
(g)

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The Parties in the Litigation.

Prior to providing Confidential Information to any person described in Paragraph

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11 of the Protective Order (including that person’s attorney), counsel for the Party providing

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the Confidential Information shall inform the deponent or other person of the terms of this

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Protective Order and the obligations to comply with those terms. In addition, each person

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described above who is given access to Confidential Information shall also sign a copy of the

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"Consent to Terms of Protective Order," the form of which is attached to this Protective Order.

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The Party disclosing the Confidential Information at a deposition shall instruct the court

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reporter to place the "Confidential" legend on the front cover of the transcript.

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13.

All persons, other than Parties, who receive Confidential Information pursuant

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to the terms of this Protective Order shall return all Confidential Information, including all

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copies of Confidential Information, to the Party producing the Confidential Information upon

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resolution of the Litigation.

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14.

If a Party uses Confidential Information in the course of a proceeding before this

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Court, the Confidential Information revealed in the course of the proceeding shall not lose its

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confidential status through such use.

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15.

Any Party may challenge the designation by another Party of any information or

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material as Confidential Information. The objecting Party shall object, in writing, to the specific

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designations with which it takes exception. The Parties will attempt to resolve any challenges
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in good faith on an expedited and informal basis. If the designating Party refuses the request,

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or if a resolution is not achieved within fourteen (14) days of service of the written notice of

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challenge, then the objecting Party shall file a motion with the Court challenging the

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designation, provided the motion is filed no later than twenty-one (21) days after the

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confidential materials are disclosed. Unless and until this Court enters an order to the

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contrary, the information or material shall be treated as Confidential Information.
16.

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Production of documents in response to discovery requests served in the

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Litigation, which documents relate to litigation or other matters outside the Litigation, shall not

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constitute a waiver of any attorney-client or work product privilege, or any claim of

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confidentiality that arises or has arisen in such litigation or matters.
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Inadvertent production of or failure to designate any information as “Confidential”

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shall not be deemed a waiver of the producing Party’s or non-Party’s claim of confidentiality

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as to such information.
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If a Party or a Party’s counsel inadvertently produces “Confidential” information

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without designating it as such and subsequently fails to designate that document, tangible

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thing, or information as “Confidential,” the Party or Party’s counsel may designate such

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material as “Confidential Information” as follows:
(a)

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Within thirty (30) days of the discovery of its failure to designate, the

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producing Party must give notice to all Parties who receive copies of the produced documents,

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tangible things, or information that the producing Party claims that said documents, tangible

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things, or information, are, in whole or in part, “Confidential” and the Party must state why the

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documents, tangible things or information are Confidential ; and;
(b)

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Upon receipt of such notice, all Parties who have received copies of the

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produced documents, tangible things, or information shall promptly place the “Confidential”

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legend on the documents, tangible things, or information designated as “Confidential” and

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shall certify to the producing Party that the Confidential legend has been placed on the

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documents, tangible things, or information designated as “Confidential.”

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That part of a court filing made by a Party which contains “Confidential”

information shall be filed “under seal.”
IV. RETURN OF CONFIDENTIAL INFORMATION

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Within sixty (60) days of the conclusion of the Litigation, each Party who has

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produced “Confidential” information shall notify all other Parties to return to the producing

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Party all Confidential Information in their possession or in the possession of their agents,

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including copies thereof.
V. SURVIVAL AND MODIFICATION ORDER

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21.

The provisions of this Protective Order shall survive the termination of the

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Litigation, whether by dismissal, final judgment, resolution of any appeal or settlement, and

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shall continue in full force and effect thereafter. This Court will retain jurisdiction after the

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termination of the Coverage Litigation to enforce the terms of the Protective Order.

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DATED this 2nd

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LAW OFFICES OF JULIE A. MERSCH

SCHUETZE & McGAHA, P.C.

By /s/Julie A. Mersch, Esq.
JULIE A. MERSCH, ESQ.
Nevada Bar #4695
1100 E. Bridger Avenue
Las Vegas, Nevada 89101
Attorneys for Plaintiff

By William W. McGaha, Esq
WILLIAM W. McGAHA, ESQ.
Nevada Bar #3234
601 S. Rancho Drive, Suite C-20
Las Vegas, Nevada 89106
Attorneys for Defendant

day of January, 2013.

DATED this 2nd

day of January, 2013.

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William M. Demlong, Esq.
Kunz Plitt Hyland & Demlong
3838 North Central Avenue, Suite 1500
Phoenix, Arizona 85012

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IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE

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Dated:

January 3, 2013

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