U.S. Equal Employment Opportunity Commission v. Mattress Firm, Inc.
Filing
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ORDER FOR PROTECTIVE ORDER. IT IS SO ORDERED that the terms of this Protective Order shall govern the production of Confidential Information, as defined herein, for the above-captioned litigation. Signed by Magistrate Judge Cam Ferenbach on 12/16/14. (Copies have been distributed pursuant to the NEF - TR)
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Paul Swen Prior
Nevada Bar No. 9324
Karl O. Riley
Nevada Bar No. 12077
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone (702) 784-5200
Facsimile (702) 784-5252
Email: sprior@swlaw.com
kriley@swlaw.com
Shauna Johnson Clark (Admitted Pro Hac Vice)
Texas Bar No. 00790977
FULBRIGHT & JAWORSKI L.L.P.
Fulbright Tower
1301 McKinney, Suite 5100
Houston, TX 77010-3095
Telephone: (713) 651-5151
Facsimile: (713) 651-5246
Email: shauna.clark@nortonrosefulbright.com
Attorneys for Defendant
MATTRESS FIRM, INC.
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Snell & Wilmer
___________
___________
L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784 .5200
UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
CASE NO. 2:13-CV-01745-GMN-VCF
Plaintiff,
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ORDER FOR PROTECTIVE ORDER
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vs.
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MATTRESS FIRM, INC.; and DOES 1-15
INCLUSIVE,
The Honorable Cam Ferenbach
United States Magistrate Judge
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Defendants.
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Plaintiff U.S. Equal Employment Opportunity Commission and Defendant Mattress Firm,
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Inc. (the “Parties”), hereby jointly move this Court to enter its Stipulated Protective Order to
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prevent public disclosure of confidential information as defined below, unless otherwise
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specified.
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The Parties acknowledge the concerns regarding the confidential nature of the
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documentation and information covered by this Stipulated Protective Order, as well as the legal
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restrictions upon disclosure of some information under federal and state law, the implication of
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privacy interests, and the potential harm that may result through public disclosure. For these
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reasons, the Parties have agreed to the terms of this Stipulated Protective Order as follows:
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1.
This Protective Order shall apply to documents and deposition testimony disclosed
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pursuant to the disclosure or discovery duties under the FEDERAL RULES OF CIVIL
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PROCEDURE.
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2.
The following categories of information found in documents produced or
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disclosed during deposition testimony pursuant to the disclosure or discovery duties created by
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the Federal Rules of Civil Procedure are subject to this Order and hereafter deemed “Confidential
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Information”:
Snell & Wilmer
___________
___________
L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784 .5200
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(a)
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who are not charging parties or class members;
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(b)
medical files and records;
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(c)
tax returns and tax information;
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(d)
bank and/or checking account numbers; and
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(e)
commercial information not publicly known, which is of technical, business, or
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commercial advantage to Defendant in accordance with Fed. R. Civ. P. 26(c)(1)(G);
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3. The Confidential Information shall not be used for any purpose unrelated to the
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preparation for and trial of this matter, except upon the consent of the person(s) whose records are
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produced , or upon further order of the Court.
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employment records of the Defendant related to employees or former employees
4. Unless otherwise specified in this Order, the Parties, Parties’ counsel, and Parties’
employees, and agents shall:
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(a)
hold in confidence all Confidential Information,
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(b)
prevent the use, dissemination, or publication of any Confidential Information to
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any third party, and
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(c)
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depositions transcripts and documents.
specifically restrict public disclosure of any Confidential Information contained in
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5.
For deposition testimony or exhibits to be entitled to protection under this Order, a
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Party must designate the testimony and exhibits disclosed at the deposition as “Confidential” by
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requesting the reporter to so designate the portion of the transcript at the time of the deposition.
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6.
If no such designation is made at the time of the deposition, any Party has 14
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(fourteen) calendar days after receipt of the deposition transcript to designate, in writing, to the
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other Parties and to the court reporter, what portions of the transcript and which exhibits the Party
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designates as “Confidential.”
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7.
Prior to reviewing or gaining access to this Confidential Information, each Party
bound by the terms of this Order, (See Exhibit A attached hereto, Acknowledgement and
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Snell & Wilmer
___________
___________
must ensure that any non-party witness(s) and any expert witness(s) execute an agreement to be
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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784 .5200
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Agreement to be Bound (“Acknowledgement”)). Witnesses are prohibited from disclosing
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Confidential Information outside this action. The Parties shall maintain the signed
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acknowledgments that each acquires. Disclosure of the Confidential Information to any other
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person or entity who has not signed an Acknowledgement is not permitted except as stated below.
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8. For purposes of this matter only, the following individuals are permitted to view the
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Confidential Information without signing an Acknowledgement:
(a)
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official duties in this Action;
(b)
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stenographers and videographers transcribing testimony or argument at a hearing,
trial, or deposition in this Action or any appeal there from;
(c)
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federal judicial officers and court personnel while in the performance of their
the attorneys, attorneys’ agents and employees assigned to assist in the litigation of
this Action;
(d)
persons whose names appear on those documents as authors or recipients thereof
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or witnesses who may be asked to testify regarding matters related to such
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documents; and
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(e)
such other persons as hereafter may be designated by prior written agreement
between the Parties herein, or by Court order upon noticed motion.
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9.
To the extent that any Confidential Information or documents containing
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Confidential Information or any copies, summaries, notes or abstracts thereof, have already been
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produced or disclosed during discovery, such information shall be considered “Confidential
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Information” and shall be used only in accordance with this Order.
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10.
During the pre-trial stage, if any documents designated as Confidential
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Information and subject to this Protective Order are attached to, referred to, or are exhibits to any
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motion, brief, memorandum, document, or transcript, such documents shall be filed in a sealed
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envelope bearing the following legend:
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Confidential Materials Subject to Protective Order (Filed Under Seal)
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11.
The Parties shall endeavor not to include Confidential Information as exhibits to
Snell & Wilmer
___________
___________
L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784 .5200
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filings or in any filed pleading with the Court except as to the extent necessary. In the event
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counsel for any of the Parties determines to file with or submit to this Court any Confidential
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Information or information contained therein or derived therefrom, by way of pleadings, motions,
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briefs, or any other papers containing or attaching such materials or information, the party shall
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do one of the following: (i) with the consent of the other party, file only a redacted copy of the
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information; or (ii) file the pleading or other documents under seal. If a motion to seal is filed, no
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party shall file the document(s) at issue until the Court rules on the motion.
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12.
Nothing contained in this Order shall preclude any party from using its own
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documents or information in any manner it sees fit, or from revealing its own documents to
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whomsoever it chooses, without the prior consent of any other party or the Court.
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13.
By entering into this Protective Order, the Parties are not waiving any objections
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to discovery requests or inquiries during oral deposition which may elicit Confidential
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Information as defined in paragraph 2.
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14.
Within thirty (30) days after the conclusion of all proceedings in this lawsuit,
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whether by judgment, settlement, or otherwise, including any appeals related thereto, unless the
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Court orders otherwise, any Confidential Information produced in discovery and all copies of
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such documents which are covered by this Stipulated Protective Order, shall be destroyed and not
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released to the public. With respect to the EEOC, any Confidential Information contained in the
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EEOC’s litigation files shall be destroyed pursuant to the EEOC’s Record’s Disposition Program,
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EEOC Directives, Transmittal 201.001.
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summaries prepared by counsel are excluded from the provisions of this paragraph, but only so
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long as they are maintained in the possession, custody, or control of that counsel and are withheld
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from all other persons following the conclusion of this case.
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15.
Notes, memoranda, depositions, briefs, and other
Producing or receiving Confidential Information or otherwise complying with the
terms of this Order, will not:
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(a)
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contains or reflects any other type of confidential or proprietary information;
Operate as an admission by any party that any particular Confidential Information
Snell & Wilmer
___________
___________
(b)
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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784 .5200
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material that the party does not consider to be within the scope of discovery;
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(c)
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materials be produced;
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(d)
Prejudice the rights of a party to apply to the Court for further protective orders; or
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(e)
Prevent the Parties from agreeing in writing to alter or waive the provisions or
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protections provided for in this Order with respect to any particular information or
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material.
Prejudice the rights of a party to object to the production of information or
Prejudice the rights of a party to seek a determination by the Court that particular
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IT IS SO ORDERED that the terms of this Protective Order shall govern the production of
Confidential Information, as defined herein, for the above-captioned litigation.
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DATED this 16th day of December, 2014.
_____________________________________
The Honorable Cam Ferenbach
United States Magistrate Judge
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