Edwards v. Clark County et al
Filing
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STIPULATED PROTECTIVE ORDER Granting 71 STIPULATION for Protective Order. Signed by Magistrate Judge Carl W. Hoffman on 3/25/15. (Copies have been distributed pursuant to the NEF - MMM)
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ALVERSON, TAYLOR, MORTENSEN & SANDERS
SEETAL TEJURA, ESQ. (#008284)
7401 W. Charleston Boulevard
Las Vegas, Nevada 89117
(702) 384-7000
efile@alversontaylor.com
stejura@alversontaylor.com
Attorneys for Defendants
DR. RAYMOND MONDORA (named herein as “Dr.
Mondora”), and KATRINA SIMEON, R.N. (named
herein as “Katrina”)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
>*<
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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
(702) 384-7000
ALVERSON, TAYLOR, MORTENSEN & SANDERS
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RONNIE EDWARDS,
Plaintiff,
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Case No. 2:13-CV-01316-JAD-CWH
STIPULATION AND PROTECTIVE
ORDER REGARDING
CONFIDENTIALITY
vs.
LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, et al,
Defendants.
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Dr. Raymond Mondora (named herein as “Dr. Mondora”) is a medical provider employed
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by NaphCare, Inc. (“NaphCare”). NaphCare is the contracted medical, dental and psychiatric
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provider at the Clark County Detention Center (“CCDC”). Plaintiff is suing Dr. Mondora in his
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individual and official capacity. Therefore it is anticipated that Dr. Mondora will be required to
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provide the parties with information and documents that contain information that is confidential,
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proprietary and sensitive to NaphCare’s business practices, including but not limited to some of
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NaphCare’s policies that were in place from June to July of 2013 at the CCDC. Specifically,
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disclosure of this information could resultin harm to NaphCare’s business and practices if
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provided to the general public and obtained by competitors in the business. Further, some of the
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requested information may pertain or impact security issues at the CCDC, particularly with
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regard to when and how inmates can and should be moved around the facility. Although this
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information may be subject to conditional disclosure, it is herein submitted that NaphCare is
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entitled to the protections described below.
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1.
As used in this Protective Order, the term “confidential information” means any
documents, testimony, or other information that is produced from the date of this agreement
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forward, including: policies and procedures which are used to govern the provision of healthcare
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services to the inmates at the CCDC and maintaining its business practices, including the
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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
(702) 384-7000
ALVERSON, TAYLOR, MORTENSEN & SANDERS
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healthcare rendered at the CCDC and has been designated as “CONFIDENTIAL”.
2.
The term “disclosure” shall include the dissemination, communication,
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publication or reproduction of any confidential material or the specific contents of the
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information contained therein, or the communication of any estimate or other information which
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facilitates the discovery of confidential information. Should any pleading with the Court require
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reference or attachment of any confidential information, the parties shall first request leave to file
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the document under seal, as further defined in Paragraph 11 below.
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3.
As used in this Protective Order, the term “qualified persons” means (i) counsel of
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record for the parties to the litigation, including office associates, paralegals, and stenographic
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and clerical employees to whom disclosure is reasonably necessary; (ii) experts retained for the
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purpose of this litigation to whom disclosure is reasonably necessary and who reviewed and
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signed a copy of this Stipulation; (iii) parties to this action; and (iv) court personnel, including
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stenographic reporters engaged in such proceedings as are necessarily incident to this litigation.
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4.
Confidential information shall be and remain confidential, and, except as allowed
by this Protective Order, may not be disclosed or communicated, nor used for any purpose other
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than this litigation, including any appeals.
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Any and all documents containing confidential information must be retained by
counsel and/or Plaintiff in Proper Person, and not be disclosed or made available to any person
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other than a qualified person who has read and acknowledged the terms of this Protective Order.
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Similarly, the confidential information contained within those documents may not be disclosed
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to any person other than a qualified person. To the extent reasonably necessary, copies of
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confidential documents may be provided to experts retained for the purpose of this litigation to
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whom disclosure is reasonably necessary and who have signed this Stipulation and Protective
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Order. Nothing in this Protective Order shall in any way affect the admissibility or use at trial of
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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
(702) 384-7000
ALVERSON, TAYLOR, MORTENSEN & SANDERS
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any of the documents produced under this Protective Order.
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Any person who is in possession of confidential information, or to whom
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confidential information is disclosed, is responsible for ensuring that such confidential
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information is not inadvertently disclosed by him or her.
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precautions to ensure against such inadvertent disclosure will be viewed by the Court as willful
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disobedience of this Protective Order, and will be punished accordingly.
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7.
Failure to take all reasonable
Counsel or parties receiving confidential information may not disclose that
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confidential information to any expert without first furnishing to that expert a copy of this
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Stipulation and Protective Order and obtaining a signed copy of this Stipulation and Protective
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Order from that expert.
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8.
Any person who executes a copy of this Stipulation and Protective Order submits
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to the jurisdiction of this Court for purposes of enforcement of this Protective Order, either prior
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to or following trial of this action. Jurisdiction of this action is to be retained by this Court after
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final determination for purposes of enabling any party or persons affected by this Protective
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Order to apply to the Court for such direction or further decree as may be appropriate for the
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construction or enforcement of this Protective Order, or for such additional relief as may become
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appropriate.
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9.
If any party objects to the designation by the disclosing Defendant of a document
same to Defense Counsel in writing of the document, pleading, and/or testimony at issue and the
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reason for the objection. The disclosing Defendant shall thereafter have twenty (20) business
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days within which to apply to the Court for appropriate protection of the document, pleading,
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and/or testimony pursuant to the Federal Rules of Civil Procedure. If the disclosing Defendant
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does not make application within twenty (20) business days after receipt of the written objection
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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
(702) 384-7000
or item, pleading, or transcript of testimony as "CONFIDENTIAL", he shall give notice of the
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ALVERSON, TAYLOR, MORTENSEN & SANDERS
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of a party (or within the stipulated time period if stipulated to be longer or shorter than twenty
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(20) days), then the documents, pleadings, and/or testimony at issue shall no longer be deemed
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"CONFIDENTIAL". However, until expiration of the twenty (20) day time period (longer or
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shorter if stipulated) or until the Court enters an order changing the designation, whichever is
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later, the information shall continue to be given the "CONFIDENTIAL" treatment initially
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assigned to it and provided for in this Order.
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10.
If any individual is making copies of any confidential information allowed by this
agreement, said individual must ensure that the copies are also marked "Confidential."
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Any person who wishes to file with this Court any document, paper, or other
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tangible item disclosing confidential material may disclose only those confidential materials that
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are necessary to support the pleading, motion or other paper to which the confidential document,
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paper, or other tangible item is attached, and must first attempt to contact counsel for Dr.
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Mondora and Nurse Katrina in an attempt to reach an Agreement/Stipulation regarding whether
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filing the document should be under seal. If such contact is not possible, the filing party must
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provide said counsel with a description of the contacts attempted and/or the basis for not
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contacting the undersigned. The parties to this agreement understand that is a “strong
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presumption in favor of access.” A party seeking to seal a judicial record at trial and/or the
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dispositive motions stage bears the burden of establishing “compelling reasons” by “articulating
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compelling reasons supported by specific factual findings,” that outweigh the public policies
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favoring disclosure. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-79 (9th
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Cir. 2006).
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12.
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Nothing in this Protective Order precludes the deposition examination of any
person regarding confidential information of which they have knowledge.
In any such
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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
(702) 384-7000
ALVERSON, TAYLOR, MORTENSEN & SANDERS
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deposition, the disclosing Defendant may designate specific testimony deemed to be
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"CONFIDENTIAL" by advising the court reporter of such fact prior to the conclusion of the
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deposition. The reporter shall mark the face of the transcript "CONTAINS CONFIDENTIAL
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INFORMATION." All transcripts of said deposition containing confidential information will be
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treated in accordance with this Protective Order, wherein if any portions of the deposition
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transcript containing confidential material is to be filed with the Court, Paragraph 11 should be
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observed.
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13.
Only qualified persons as defined in Paragraph 3 above may attend deposition
examinations in this case, unless all parties agree or their counsel otherwise.
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The parties taking any deposition shall retain a court reporter who agrees that
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before transcribing any such testimony, that all testimony containing confidential information is
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and shall remain confidential and shall not be disclosed except as provided in this Protective
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Order and that copies of any transcript, reporter's notes, or any other transcription records of any
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such testimony will be retained in absolute confidentiality and safekeeping by such shorthand
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reporter or delivered to attorneys of record or filed with the Court.
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15.
If, during trial, any party intends to introduce into evidence any information
designated as "CONFIDENTIAL," he/she shall give timely notice of that intention to the Court
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and all counsel, and the Court may take such steps as it shall deem reasonably necessary to
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preserve the confidentiality of such information, without violating any statute or other rule of the
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Court.
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16.
Nothing in this Protective Order requires a party to disclose confidential
information that the party also contends is protected from disclosure based upon a privilege
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(including but not limited to HIPAA rights of others) or for some reason other than the mere
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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
(702) 384-7000
ALVERSON, TAYLOR, MORTENSEN & SANDERS
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confidential or proprietary nature of the document or information (including but not limited to
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non-discoverable trade secrets).
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Upon the final determination of this action, counsel and all qualified persons shall
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return any confidential information to counsel for Dr. Mondora and Nurse Katrina, upon her
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request, together with any copies of confidential information.
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confidential information also must be returned to the requesting Defense Counsel.
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Transcripts containing
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18.
Anyone found to be in violation of this Protective Order may have sanctions
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imposed against him or her as the Court may determine and allowable under law and may also be
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subject to contempt of court proceedings.
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DATED this _24th __ day of March, 2015.
DATED this _24th __ day of March, 2015.
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ALVERSON, TAYLOR, MORTENSEN
& SANDERS
MARQUIS AURBACH COFFING
By _/s/ Seetal Tejura, Esq. _____________
SEETAL TEJURA, ESQ. (#008284)
7401 W. Charleston Boulevard
Las Vegas, Nevada 89117
Attorneys for Defendant
NaphCare, Inc.
By__/s/ Tye Hanseen, Esq. *____________
Craig Anderson, Esq. (#006882)
Tye Hanseen, Esq. (#010365)
MARQUIS AURBACH COFFING
10001 Park Run Drive
Las Vegas, NV 89145
Attorneys for Defendants
Officers Hightower, Scott and Reyes
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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
(702) 384-7000
ALVERSON, TAYLOR, MORTENSEN & SANDERS
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*Electronic signature entered with permission
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DATED this _____ day of March, 2015
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By_______________________________
Ronnie Edwards (#92789)
c/o HIGH DESERT STATE PRISON
P O Box 650
Indian Springs, Nevada 89070-0650
Plaintiff in Proper Person
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RONNIE EDWARDS vs.
LAS VEGAS METROPOLITAN
POLICE DEPARTMENT, et al
Case No. 2:13-CV-01316-JAD-CWH
STIPULATION AND PROTECTIVE ORDER
REGARDING CONFIDENTIALITY
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ORDER
IT IS SO ORDERED.
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DATED: March day of _____________________, 2015.
Dated this ______ 25, 2015
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_____________________________________
UNITED STATES MAGISTRATE JUDGE
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LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
(702) 384-7000
ALVERSON, TAYLOR, MORTENSEN & SANDERS
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Respectfully Submitted by:
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ALVERSON, TAYLOR, MORTENSEN & SANDERS
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_/s/ Seetal Tejura, Esq. ______________
SEETAL TEJURA, ESQ. (#008284)
7401 W. Charleston Boulevard
Las Vegas, Nevada 89117
Attorneys for Defendants
DR. RAYMOND MONDORA (named herein as
“Dr. Mondora”), and KATRINA SIMEON, R.N.
(named herein as “Katrina”)
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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I, _____________, have read in its entirety and understand the Protective Order that was
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issued by the United States District Court, for the District of Nevada on ______________,
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201__, in the case of Edwards v. Las Vegas Metropolitan Police Department, et al, Case No.
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2:13-CV-01316-JAD-CWH. I agree to comply with and to be bound by all terms of this
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Protective Order and I understand and acknowledge that failure to do so comply could expose
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me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not
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person or entity except in strict compliance with the provisions of this Order. Further, I solemnly
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promise that I will not offer to sell, advertise or publicize that I have obtained any Protected
LAWYERS
7401 WEST CHARLESTON BOULEVARD
LAS VEGAS, NEVADA 89117-1401
(702) 384-7000
ALVERSON, TAYLOR, MORTENSEN & SANDERS
disclose in any manner any information or item that is subject to this Protective Order that any
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Material subject to this Protective Order. At the conclusion of this matter, I will return all
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Protected Material which came into my possession to counsel for the party from whom I
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received the Protected Material, or I will destroy those materials. I understand that any
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Confidential Information contained within any summaries of Protected Material shall remain
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protected pursuant to the terms of this Order. I further agree to submit to the jurisdiction of the
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United States District Court, for the District of Nevada for the purpose of enforcing the terms of
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this Protective Order, even if such enforcement proceedings occur after termination of this
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action.
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I certify under the penalty of perjury that the foregoing is true and correct.
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Date: _____________________________________________________________
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City and State where signed: ___________________________________________
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Printed name: _______________________________________________________
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Address: ___________________________________________________________
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Signature: __________________________________________________________
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