Simon v. Toyota Motor Sales USA Inc. et al

Filing 20

ORDER granting 18 Stipulated Protective Order. Signed by Magistrate Judge Carl W. Hoffman on 2/2/2015. (Copies have been distributed pursuant to the NEF - DKJ)

Case 2:14-cv-00868-APG-CWH Document 18 Filed 01/30/15 Page 1 of 6

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Daniel S. Rodman
Nevada Bar No. 8239

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Morgan T. Petrelli
Nevada Bar No. 13221

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SNELL & WILMER r.t-.p.

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3883 Howard Hughes Parkrvay, Suite 1100
Las Vegas, ìIV 89169

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Telephone: [phone]
Facsimile: (702) 7 84-5252
Email: [e-mail]
Email: [e-mail]
Attorneys þr Defendant
Toyota Motor Sales, U,S.A.Inc.

UNITED STATES DISTRICT COURT
ÐISTRICT OF NEVADA

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CAROL SIMON, an individual,
Plaintiff,

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TOYOTA MOTOR SALES, U.S.A.,INC., A
California Corporation; TOYOTA MOTOR
NORTT'I AMERICA, lNC., a California
Corporation; TOYOTA MOTOR
ENGINEERING & MANUI."ACTURING
NORTH AMERICA, INC., A KENTUCKY
Corporation; DOES I through X; ROE
CORPORATIONS I through X, inclusive,

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Case No.: 2: 14-CV-00868-APG-CWH

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STIPTJLATED PROTECTIVE ORDNR

Defendants.

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In order to preserve and maintain the conf¡dentiality of certain confidential, commercially

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sensitive and proprietary technical documents to be produced by Toyota Motor Sales, U.S.A., lnc.

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("TMS") in this action,

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IT IS IIEREBY ORÐERED, ADJIIDGED AND DECREED:

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Documents

to be produced by TMS or Plaintiff in this litigation which contain

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confidential information shall hereafter be referred to as "Protected Documents," Any document

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or any information designated as "Subject to Protective Order," or other similar language in

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accordance with the provisions of this Stipulated Protective Order ("Order"), shall only be used,

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shown or disclosed

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as

provided in this Order.

As used in this Order, the term "documents" means all written material, videotapes

Case 2:14-cv-00868-APG-CWH Document 18 Filed 01/30/15 Page 2 of 6

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Before receiving access to any of the Protected Documents or the information

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contained therein, each person described in Paragraphs 6(b) and (c) above shall be advised ofthe

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terms of this Order. Each person described in Paragraph 6(c) shall be given a copy of this

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Protective Order, and shall agree in writing, in the form attached hereto as "Exhibit

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bound by its terms and to submit to the jurisdiction of this Court. Counsel of Record shall retain

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each such executed "Exhibit

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paragraphs 6(b) and (c) above to whom Protected Documents have been disclosed; and, (b) all

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Protected Documents disclosed to such persons. Upon TMS'request and a good faith basis, such

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as a reasonable belief that the terms and provisions

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A" and shall keep a list identitnng: (a) all persons described in

of this Order have been or are in jeopardy of

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being violated, Counsel of Record shall provide within three (3) business days, a copy of such

list, together with copies of the written agreements executed by persons described

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subparagraph 6(b) and 6 (c) above.

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As the Protected Documents may only be distributed to "Qualified

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Persons,"

Plaintiffs Counsel, Defendant's Counsel, and all persons described in paragraph 6 above may not
post Protected Documents on any website or Internet accessible document repository.

10.

Prior to frling any documents with the Court that contain any portion of any

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Protected Document or information taken from any Protected Document, that party must file a

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motion for an order sealing the documents consistent with the Ninth Circuit opinions of

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Kamakana v. Cíty and County of Honoluht,447 F.3d 1172,ll78-79 (9th Cir. 2006) and Pitttos

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Pacific Creditors Association, 605 F.3d 665,678 (9th Cir, 2010) and consistent with Local Rule

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l0-5(b). A copy of

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case. When filing the motion, the filing party will cite to the Court the grounds for filing any

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Protected Document under seal. The parties agree that any motion

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ensure that the only information withheld from public inspection

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authorized by

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resolved before any Protected Document or any document containing or referencing

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with the Court. For any item of any Protected Document which a designation dispute has not

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been resolved, that item and any document containing or referencing
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1423353v1

law.

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the motion to seal must be served on all parties who have appeared in the

will be narrow in scope

is information

to

expressly

Whenever possible, disputes regarding confidentiality designations should be

it is frled

it will be filed under seal (at
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Case 2:14-cv-00868-APG-CWH Document 18 Filed 01/30/15 Page 3 of 6

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least provisionally).

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11.

Any attomey wishing to file or submit to the Court any Protected Document, or

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any aff,rdavits, memoranda, exhibits or other papers containing or making reference to Protected

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Document, then such attomey shall first consider whether redacting portions of such materials

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that contain or refer to confidential information is practical and will protect the Protected

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Document while leaving other non-confrdential information meaningfi.rl, as required by È'oltz

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State Farm Mut. Auto. Ins.

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materials shall be filed with the Court according to the standard filing procedures.

12.

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Co.,33l F.3d 1122 (9th Cir.2003). If

Any court reporter or transcriber who reports or

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so, redacted versions of such

transcribes testimony

in

this

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action shall agree that all confidential information designated as such under this Order shall
remain "confidential" and shall not be disclosed by them, except pursuant to the terms of this

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Order, and that any notes or transcriptions of such testimony (and any accompanying exhibits)

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will

be retained by the reporter or delivered to counsel of record.

13.

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To the extent that Protected Documents or information obtained therefrom

are

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used in the taking of depositions and/or used as exhibits at trial, or to the extent that deposition

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testimony is otherwise marked "confidential," such documents, information and/or testimony

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shall remain subject to the provisions of this Order, along with the transcript pages of the

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deposition testimony and/or trial testimony dealing with the Protected Documents, information

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and/or testimony.

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lnadvertent or unintentional production of documents or information containing

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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.

15.

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This Order may not be waived, modiflred, abandoned or terminated, in whole or

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part, except by an instrument in writing signed by the parties.

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be held

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If

any provision of this Order shall

invalid for any reason whatsoever, the remaining provisions shall not be affected thereby.

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After termination of this litigation, the provisions of this Order shall continue to be

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binding. This Court retains and shall have jurisdiction over the parties

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Protected Documents for enforcement
11423353v1

and recipients

of

the

of the provisions of this Order following termination of

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Case 2:14-cv-00868-APG-CWH Document 18 Filed 01/30/15 Page 4 of 6

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this Iitigation.

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This Order shall be binding upon the parties hereto, upon their attorneys, and upon

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the parties' and their attorneys' successors, executors, personal representatives, administrators,

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heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent

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contractors, or other persons or organizations over which they have control.

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All

persons described in paragraph 6 above shall not under any circumstance sell,

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offer for sale, advertise, publicize, or distribute either the Protected Documents and

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confrdential information contained therein or the fact that such persons have obtained Protected

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Documents and confidential information.

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Within forty-five (45) days after the conclusion of this case, counsel for the parties

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and all copies including any documents which any such party disclosed to any person described in

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paragraph 6(c) above.

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who received Protected Documents shall return to producing counsel the Protected Documents

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Case 2:14-cv-00868-APG-CWH Document 18 Filed 01/30/15 Page 5 of 6

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Dated: January

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SNELL &

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Dated:

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MAIER GUTTERREZ AYON

L.L,P.

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By:
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Esq.

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Las Vegas, bn/ 89169

January.drott.

, Ste. 1100

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A. Gutierrez, Esq
A. Ayon, Esq
Kathryn L. Butler, Esq.
400 South Seventh Street, Suite 400
Las Vegas,

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Attorneys for Defendant Toyota Motor
Sales, U.S.A. lnc.,

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NV

89101

Attomeys for Plaintiff

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ORDER

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IT IS SO ORDERED

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DATED this
day 2015
DATED: February 2, of

2015

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U.S. MAGISTRATE JUDGE

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Submitted by:

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S,

Nevada Bar

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Morgan
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Nevada
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169

Attorneys þr Defendant
Toyota Motor Sales, U.S.A.,Inc.

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1423353v1

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Case 2:14-cv-00868-APG-CWH Document 18 Filed 01/30/15 Page 6 of 6

EXHrB_rT A TO,STIPULATEF PROTECTTVE ORDER

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CAROL SIMON, an individual,

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Plaintiff,

Case No.: 2: 14-CV-00868-APG-CWH

STIPULATED PROTECTTVE OR-DER
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vs.

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TOYOTA MOTOR SALES, U.S.A.,INC., A
California Corporation; TOYOTA MOTOR
NORTH AMERICA,INC., a California
Corporation; TOYOTA MOTOR
ENGINEERING & MANI"JI'ACTURING
NORTH AMERICA, NC., a KENTUCKY
Corporation; DOES I through X; ROE
CORPORATIONS I through X, inclusive,

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the Stipulated Protective Order ("Order") in this action governing the non-disclosure of those any

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Protected Documents.

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as expressly permitted by the Order and only for purposes of this action, and that at the

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Defendants.

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acknowledge that

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agree that I

will not disclose such

have read and understand

Protected Documents to anyone except

conclusion of the action I will rerurn all such Protected Documents to the party or attorney from

it. By acknowledging

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whom I received

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submitting myself to the jurisdiction of the United States District Court for the District of Nevada

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for the purpose of any issue or dispute arising hereunder and that my willful violation of any term

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of the Order could subject me to punishment for contempt of Court.

DATED this

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I 423353v1

day

these obligations under the Order,

of

2015.

I understand that I am