Hansen v. Robinson Nevada Mining Company

Filing 30

PROTECTIVE ORDER. Signed by Magistrate Judge Cam Ferenbach on 8/27/2013. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:13-cv-00750-JCM-VCF Document 24 Filed 08/06/13 Page 1 of 4

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COGBURN LAW OFFICES
ANDREW L. REMPFER, ESQ.
NEVADA BAR NO. 8628
[e-mail]
DAVID L. LANGHAIM, ESQ.
NEVADA BAR NO. 12425
[e-mail]
2879 St. Rose Parkway, Suite 200
Henderson, Nevada 89052
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff Daniel Hansen

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:13-cv-00750-JCM-VCF

DANIEL HANSEN,

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2879 St. Rose Pkwy, Suite 200
Henderson, NV 89052
[phone] FAX: [phone]

COGBURN LAW OFFICES

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Plaintiff,
vs.

PROTECTIVE ORDER

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ROBINSON
NEVADA
MINING
COMPANY, a Nevada corporation; DOES I
through
X,
inclusive;
and
ROE
CORPORATIONS I through X, inclusive,

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Defendants.

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Upon the stipulation of the parties, Plaintiff Daniel Hansen (“Plaintiff” or “Hansen”) and

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Defendant Robinson Nevada Mining Company (“Defendant” or “Robinson”), through their

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counsel of record, the Court hereby ORDERS as follows:

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1.

It is the purpose of this Protective Order (“Order”) to allow Robinson to

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confidentially disseminate to Plaintiff the following types of documents: (a) employment files,

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containing personal health information for: Robin Polacek-Peterson; David Brown; Charles

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Mason; Kimberley Morill; Robert Kinterknecht; and Gary Green; (b) all confidential documents,

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materials, data and information produced or disclosed by a party to another party prior to trial in

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this action, including but not limited to confidential information in responses to interrogatories,

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Case 2:13-cv-00750-JCM-VCF Document 24 Filed 08/06/13 Page 2 of 4

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responses to requests for admission, responses for requests for production of document,

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documents produced by either Defendant or Plaintiff, deposition testimony (and all copies,

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experts and summaries thereof) and (c) all other confidential material produced, filed, or

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otherwise used in the course of pre-trial discovery and other pre-trial proceedings in this action.

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It is also the purpose of this Order to ensure that the above-described documents and information

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are maintained as confidential and are used only for purposes of this litigation. The parties agree

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that some or all of the documents described above contain confidential and personal health

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information regarding Robinson’s employees and/or third parties which is not known by, and has

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not been revealed to, the public.

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2.

Any confidential documents produced pursuant to paragraph 1 will be designated

confidential by stamping copies of the documents produced with the legend “CONFIDENTIAL.”

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2879 St. Rose Pkwy, Suite 200
Henderson, NV 89052
[phone] FAX: [phone]

COGBURN LAW OFFICES

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A party that objects to identification of a document as “CONFIDENTIAL” may move the Court

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for an order treating the document as non-confidential, but the document shall be treated as

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“CONFIDENTIAL” until such time as the Court orders otherwise.

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3.

Documents labeled “CONFIDENTIAL” and produced pursuant to this Order,

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shall be disclosed, revealed, or disseminated only to (a) the Court and court personnel; (b) the

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parties and their officers, directors and managing agents; (c) counsel of record for the parties and

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their associated attorneys, paralegals, secretaries, clerical staff, contractors and vendors (such as

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copy services and litigation consultants) (collectively “Counsel”); (d) retained experts; and (e)

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actual and anticipated witnesses who have signed an acknowledgement and agreement in the

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form attached hereto as Exhibit A; and not to any other person, governmental agency or entity;

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provided, however, that documents containing confidential and personal health information

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regarding individuals other than Plaintiff may be disclosed to Plaintiff’s Counsel but shall not be

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disclosed to Plaintiff absent further order of the Court. Documents labeled “CONFIDENTIAL”

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shall be used only for purposes of this litigation and not for any other purpose.

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4.

A party that inadvertently produces a confidential document without designating

it as “CONFIDENTIAL” may designate the document as “CONFIDENTIAL” thereafter by
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Case 2:13-cv-00750-JCM-VCF Document 24 Filed 08/06/13 Page 3 of 4

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written notice (including email notice), and the other party(ies) shall treat the document as

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confidential under this Order from the date such notice is received and shall use best efforts to

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retrieve and re-designate the document as “CONFIDENTIAL” if it has been disclosed to persons

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not authorized to receive confidential information under this Order.

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5.

If documents labeled “CONFIDENTIAL” are included in any papers filed in this

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Court, such papers shall also be labeled “CONFIDENTIAL” and the filing party shall seek leave

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to file such papers under seal. The parties hereby agree to cooperate in good faith in the effort of

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either party to file such papers under seal.

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6.

The parties shall comply with the requirements of the Ninth Circuit’s decision in

Kamakana v, City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006), with respect to any

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documents filed under seal or used at trial.

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2879 St. Rose Pkwy, Suite 200
Henderson, NV 89052
[phone] FAX: [phone]

COGBURN LAW OFFICES

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7.

This Order does not prevent the parties from disseminating the documents

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identified in paragraph 1 to any attorney(s) of record representing them, or any attorney(s) who

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may substitute into this matter after the effective date of the Order, however, it is agreed that the

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Order shall apply to and is binding on any subsequent attorney(s) of record who may represent

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the parties in this matter.

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8.

Dissemination of the documents identified in paragraph 1(a) from Robinson to

Plaintiff will take place within ten (10) days after the Court’s entry of this Order.
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The terms of this Order shall survive the final termination of this action and shall

be binding on the parties thereafter.
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Upon determination or settlement of the action, the parties shall, within ten (10)

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days after written notice from Robinson, return all documents identified in paragraph 1, and

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disseminated pursuant to this Order. Counsel for the parties may retain the documents in the

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ordinary course of their practice and as required by law.

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11.

This Order is subject to modification by written stipulation of the parties or by

further order of the Court.
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This Order does not affect or waive any otherwise applicable privilege of any
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Case 2:13-cv-00750-JCM-VCF Document 24 Filed 08/06/13 Page 4 of 4

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party and does not affect or waive any right that a party would otherwise have to object to the

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disclosure or use of any documents or information in connection with this proceeding.

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APPROVED AS TO FORM AND CONTENT

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Dated: August 6th, 2013

Dated: August 6th, 2013

Respectfully submitted,

Respectfully submitted,

_/s/ Andrew Rempfer_______
ANDREW L. REMPFER, ESQ.
DAVID L. LANGHAIM, ESQ.
COGBURN LAW OFFICES

/s/ Anthony George___________
J. WILLIAM EBERT, ESQ.
LIPSON, NEILSON, COLE, SELZTER, GARIN, P.C.

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L. ANTHONY GEORGE, ESQ.
BRYAN CAVE HRO

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2879 St. Rose Pkwy, Suite 200
Henderson, NV 89052
[phone] FAX: [phone]

COGBURN LAW OFFICES

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Attorneys for Plaintiff
DANIEL HANSEN

Attorneys for Defendant
ROBINSON NEVADA MINING COMPANY

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IT IS SO ORDERED.
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Dated this 27 day of August

, 2013.

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UNITED STATES MAGISTRATE JUDGE
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Case 2:13-cv-00750-JCM-VCF Document 24-1 Filed 08/06/13 Page 1 of 1

EXHIBIT “A”
ACKNOWLEDGMENT OF PROTECTIVE
ORDER AND AGREEMENT TO BE BOUND

I, the undersigned, state as follows:
1.

I certify and declare under penalty of perjury that I have read and understand the
Protective Order issued on __________ __, 2013 (“the Order”), in the case Daniel
Hansen v. Robinson Nevada Mining Company, Case No. 2:13-CV-00750-JCM-VCF
(“the Lawsuit”).

2.

I agree to comply with and be bound by the provisions of the Order.

3.

I will not copy or use any documents marked “CONFIDENTIAL” that are disclosed to
me in connection with the Lawsuit, and I will not disclose any such documents to anyone
else unless authorized to do so by the Court or by counsel for Daniel Hansen and counsel
for Robinson Nevada Mining Company.

4.

I acknowledge that any unauthorized use or disclosure of documents marked
“CONFIDENTIAL” may constitute contempt of Court, and I consent to personal
jurisdiction in the United States District Court for the District of Nevada with regard to
enforcement of this Order.

Signature

Print Name

Date

1655945.1