Cranmer v. Colorado Casualty Insurance Company
Filing
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PROTECTIVE ORDER granting 18 Motion for Protective Order. Signed by Magistrate Judge Cam Ferenbach on 11/20/14. (Copies have been distributed pursuant to the NEF - TR)
Case 2:14-cv-00645-MMD-VCF Document 18-1 Filed 09/11/14 Page 2 of 8
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Bar No. 10212
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ar No. 9022
ar No.
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SNELL&WILMERt.l.p.
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3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: (702) 784-5200
Facsimile: (702) 784-5252
Email : asamþerg@swlaw.com
Email: afug?zzi@swlaw.com
Email: j cgols@swlaw.com
Attorneys for Defendant
COLORADO CASUALTY INSURANCE COMPANY
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DAVID CRANMER,
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COLORADO CASUALTY INSURANCE
COMPANY'S CONFIDENTIALITY
AND PROTECTIVE ORDER
COLORADO CASUALTY INSURANCE
COMPANY and DOES I - V and ROE
CORPORATIONS I - V, inclusive,
Defendants
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NO.: 2:14-Iv-00645-MMD-VCF
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Pursuant to stipulation of the parties, and for good cause appearing:
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IT IS HEREBY ORDERED to preserve
and maintain the confidentiality
of
certain
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confidential, commercially sensitive and proprietary documents to be produced by Colorado
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Casualty Insurance Company ("CCIC") in this action, it is ordered that:
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Documents to be produced by CCIC in this litigation which contain confidential
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information shall hereafter be referred to as "Protected Documents." Any document or any
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information designated as "subject to Protective Order," or other similar language in accordance
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with the provisions of this Order, shall only be used, shown or disclosed as provided in this
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Order.
2.
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As used in this Order, the term "documents" means all written material, videotapes
and all other tangible items, produced in whatever format (e.g., hard copy, electronic, digital,
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Case 2:14-cv-00645-MMD-VCF Document 18-1 Filed 09/11/14 Page 3 of 8
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etc.) and on whatever media (e.g., hard copy, videotape, computer diskette, CD-ROM, DVD, hard
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drive or otherwise).
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The burden of proving that a Protected Document contains trade secret or other
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producing party in writing.
If
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party disagrees with the "Protected" designation of any document, the party will so notify the
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information, the dissemination of which would damage the party's competitive position.
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material is,
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material as "Protected," the producing party must make a bona fide determination that the
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confidential information is on the party producing the document. Prior to designating any
notice, the producing party
will then apply to this Court to set a hearing for the purpose of
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establishing that said document is protected. Any document so marked as "Protected" will
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continue to be treated as such pending determination by the Court as to its confidential status.
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in fact, a tracle secret, conficlential information or other commercially
sensitive
If
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the parties are unable to agree, within 30 days of receiving such
The designation of Protected Documents shall be made by marking or placing the
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notice "Confidential: Subject to Protective Order", on the document, or, where a copy of the
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original document is to be produced, on that copy in a location that does not cover or mark over
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any textual material
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if possible.
Protected Documents and any copies thereof received pursuant to paragraph 6
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below shall be maintained confidential by the receiving party, hislher attorney, other
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representatives, and expert witnesses, and shall be used only for preparation for the trial of this
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matter, subject to the qualifications set forth herein.
6.
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Protected Documents shall be disolosed only to "Qualified Persons." Qualified
Persons are limited to:
a.
b.
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Counsel of Record in this action for the parties, and the parties;
Employees of Counsel of Record involved in the preparation and trial of
this action;
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c.
Experts and non-attorney consultants retained by the parties for the
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preparation or trial of this case, provided that no disclosure shall be made
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to any expert or consultant who is employed by a competitor of CCIC; and
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Case 2:14-cv-00645-MMD-VCF Document 18-1 Filed 09/11/14 Page 4 of 8
d.
e.
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The Court, the Court's staff, witnesses, and the jury in this case.
The term "competitor" as used in subsection (c) shall be defined as anyone
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currently employed by an insurer or business engaged in the practice of
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handling insurance claims.
7.
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Plaintiffs' Counsel must make reasonable efforts to ensure the individuals
described in paragraphs 6(b) and 6(c) above are "Qualified Persons."
8.
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Before receiving access to any Protected Document or the information contained
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therein, each person described in paragraph 6(c) above shall execute a "'Written Assurance" in the
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form contained in Exhibit A, attached hereto. Counsel for the Parties shall retain each such
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executed "Written Assurance" and shall keep a list identifying all persons described in paragraphs
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6(c) above to whom Protected Documents have been disclosed, and (b) all Protected Documents
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disclosed to such persons. Upon any party's request and a good faith basis, such as a reasonable
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belief that the terms and provisions of this Order have been or are in jeopardy of being violated,
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information which should have been designated as "Confidential" shall not be deemed a waiver in
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whole or in part of the party's claims of confidentiality.
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as confidential
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re-designate the document as confidential, the party may do so either by obtaining agreement
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from the opposing party, or by obtaining leave from the Court to allow the document to be redesignated as confidential. Once a party contacts the opposing party about a document that it
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wishes to re-designate as confidential, the opposing party is prohibited from further disseminating
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the subject document, and must take all reasonable steps to ensure that
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disseminated
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determination regarding whether the document
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conf,rdential.
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actions were taken as reasonable efforts.
If a party fails to designate a document
within 30 days of receipt of the document, and at some point thereafter wishes to
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by any party who may have a copy of the subject
If a party so requests,
it is not further
dooument, until there
is
will be allowed to be re-designated
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as
the opposing party shall respond in writing describing what
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A party shall be obligated to challenge the propriety of a designation of confidential
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information at the time made, and failure to do so shall preclude a subsequent challenge to such
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designation. In the event any party to this litigation disagrees with the designation by a party
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any information as confidential, the parties shall try first to resolve such dispute in good faith on
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an informal basis in accordance with the applicable Federal Rules of Civil Procedure. This shall
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Case 2:14-cv-00645-MMD-VCF Document 18-1 Filed 09/11/14 Page 6 of 8
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be accomplished within 30 days of the designation of the document as confidential. If the dispute
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cannot be resolved by the parties aftçr undertaking reasonable good faith'efforts, the parties
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seeking to remove the confidential designation of the information may apply for appropriate relief
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from the Court, which shall be permitted to conduct an in-camera inspection of the confidential
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materials. The party seeking to remove the confidential designation of the information shall
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apply for relief from the Court no later than 14 days after concluding the informal dispute
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resolution with the party that designated the information as confidential. Such designation shall
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be construed under the Federal Rules of Civil Procedure governing protective orders, and the
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appropriate case law construing those provisions
14.
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This Protective Order may not be waived, modified, abandoned or terminated, in
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whole or part, except by an instrument in writing signed by the parties. If any provision of this
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Protective Order shall be held invalid for any reason whatsoever, the remaining provisions shall
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not be affected thereby.
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binding. This Court retains and shall have jurisdiction over the parties and recipients of the
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Protected Documents for enforcement of the provisions of this Order following termination of
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this litigation.
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After termination of this litigation, the provisions of this Order shall continue to be
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16.
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This Protective Order shall be binding upon the parties hereto, upon their
the parties' and their attorneys'
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attorneys, and upon
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representatives, administrators, heirs, legal representatives, assigns, subsidiaries, divisions,
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employees, agents, independent contractors, or other persons
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have control.
successors, executors, personal
or organizations over which they
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17. All persons described in paragraph 6 above shall not under any circumstance sell,
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offer for sale, advertise, or publicize either the Protected Documents and the Confidential
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information contained therein or the fact that such persons have obtained any party's Protected
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Documents and Confidential information.
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8.
At the conclusion of this suit, and at the request of the producing
party ,
all original
Protected Documents shall be returned to the party from which they came; all copies shall be
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Case 2:14-cv-00645-MMD-VCF Document 18-1 Filed 09/11/14 Page 7 of 8
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securely destroyed. Counsel shall return all confidential material to counsel for the producing
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party, along with a signed certification from the attorney for the returning party that all copies of
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the confidential materials have been returned to the producing party. Counsel for the producing
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party only, shall be entitled to retain copies of materials designated confidential, for purposes of
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record keeping relative to the client's file and for purposes of record keeping for the returning
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party,
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some point in the future. Such retained copy shall be appropriately maintained confidential, and
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shall not subject to disclosure to any other persons absent further order ofthe Court.
if that party would
ever be able to establish a need to access the confidential materials at
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ORDER
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IT IS SO ORDERED.
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DATED this
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20th
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day
of
November
2014.
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UNITED STATES MAGISTRA
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JUDGE
Case 2:14-cv-00645-MMD-VCF Document 18-1 Filed 09/11/14 Page 8 of 8
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EXHIBIT A
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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CASE
DAVID CRANMER,
NO.: 2:14-Iv-00645-MMD-VCF
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Plaintift
WRITTEN ASSURANCE REGARDING
CONFIDENTIALITY AND
PROTECTIVE ORDER
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VS.
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COLORADO CASUALTY INSURANCE
COMPANY and DOES I - V and ROE
CORPORATIONS I - V, inclusive,
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Defendants.
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STATE OF
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COUNTY
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AFFIDAVIT
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, being dulY
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sworn and personally appearing before the undersigned attesting officer, duly authorized by law
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to administer oaths, deposes and says that the within statements are true and correct:
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understand its terms and
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have read the Protective Order attached hereto and
agree that my signature below submits me to the jurisdiction of the United States
meanings.
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