Prall v. Ford Motor Company

Filing 20

ORDER granting #18 Stipulated Protective Order. Signed by Magistrate Judge George Foley, Jr on 3/13/2015. (Copies have been distributed pursuant to the NEF - DKJ)

Case 2:14-cv-01313-MMD-GWF Document 18 Filed 03/11/15 Page 1 of 6

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SPO
Vaughn A. Crawford
Nevada Bar No. 7665
Jay J. Schuttert
Nevada Bar No. 8656
Morgan T. Petrelli
Nevada Bar No. 13221
SNELL & V/ILMER l,r..p,
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

Attomeys for Defendant
FORD MOTOR COMPANY

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UNITED STATES DISTRICT COURT

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DISTRICT OF'NEVADA

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MARILYN ELLEN PRALL,

CASE

NO.:

2:14-cv-01313-MMD-GWF

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FORD MOTOR COMPANY and ROE
COMPONENT PART
MANUFACTURER,

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STIPULATED PROTECTIVE ORDER

Defendants.

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In order to preserve and maintain the confidentiality of certain confidential, commercial

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andlor proprietary documents and information produced or to be produced by FORD MOTOR

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COMPANY ("Ford") in this action, it is ordered that:

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Documents to be produced by Ford

in this litigation that contain confidential,

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commercially sensitive and/or proprietary information shall hereafter be referred to as "Protected

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Documents." A document or portion of a document that Ford determines in good faith to be a

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Protected Document may be designated as confidential by marking or placing the applicable

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notice "Subject to Protective Order," "Confidential," or substantially similar language on media

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containing Protected Documents, on the document itselt or on a copy of the document, in such a

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Case 2:14-cv-01313-MMD-GWF Document 18 Filed 03/11/15 Page 2 of 6

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way that it does not obscure the text or other content of the document.

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

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and all other tangible items, produced in whatever format (e.g., hard copy, electronic, digital,

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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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3.

Any document or any information designated as "Subject to Protective Order,"

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"Confidential," or substantially similar language in accordance with the provisions of this Order

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shall only be used, shown or disclosed as provided in this Order. However, nothing in this Order

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shall limit a party's use or disclosure of his or her own information designated as Confidential

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Material.

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If a party disagrees with

the "Protected" designation of any document, the party

written letter, within 30 days of receipt of the confidential documents and

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will

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information, identifying the challenged document(s) with specificity, including Bates-number(s)

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where available,

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challenged document(s), Ford

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purpose of establishing that the challenged document(s) is/are confidential. Any document so

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marked as "Protected"

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to its confidential status.

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so notify Ford

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the parties are unable to resolve the issue of confidentiality regarding the

will thereafter timely apply to this Court to set a hearing for the

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continue to be treated as such pending determination by the Court as

Protected Documents and any copies thereof received pursuant to paragraph 6

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below shall be maintained confidential by the receiving party, his/her 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 limitations set forth herein.

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6.

Protected Documents shall be disclosed only to "Qualified Persons." Qualified

Persons are limited to:

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a.
b.

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involved in the preparation andlor trial of this action;

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c.

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Counsel of Record for the parties, and the parties;

Non-technical and clerical staff employed

by Counsel of Record

and

for

the

Experts and non-attorney consultants retained by the parties

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Case 2:14-cv-01313-MMD-GWF Document 18 Filed 03/11/15 Page 3 of 6

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preparation andlor trial of this case, provided that no disclosure shall be made to

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any expert or consultant who is employed by a competitor of Ford;

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e.

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consultants retained

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involving a 2003 Ford Taurus and the same allegations asserted in this

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provided no disclosure shall be made to any expert or consultant who is employed

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by a competitor of Ford.

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7.

The Court, the Court's staff, witnesses, and the jury in this case; and

Attomeys representing Plaintiff and the experts and non-attorney

by such attorneys in other cases pending

against Ford
case,

Plaintiffls Counsel must make reasonable efforts to ensure the individuals

described in paragraphs 6(c) and 6(e) above are Qualified Persons,

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Before receiving access to any Protected Document or the information contained

in

paragraphs 6(c) and 6(e) above shall execute

a "Written

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therein, each person described

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Assurance" in the form contained in Exhibit A, attached hereto. Counsel for Plaintiff shall retain

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each such executed Written Assurance and shall keep a list identifying (a) all persons described in

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

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Protected Documents disclosed to such persons. Each such executed V/ritten Assurance and list

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shall be submitted to counsel for Ford at the termination of this litigation or upon Order of the

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Court requiring production, whichever comes

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not designated as testifying experts, Plaintiffs counsel may redact the name, address,

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signature of the consultant before disclosing the executed Exhibit

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person. To the extent the "Qualiflred Persons" described in paragraph 6(c) or 6(e) above include

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privileged non-testifying expert consultants, Counsel for Plaintiff shall retain each such executed

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Exhibit A and shall keep a list identifying (a) all such non-testifying expert consultants described

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

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Protected Documents disclosed to such persons. In the event that Ford seeks to compel the

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production of each unredacted and executed Exhibit A for good cause, Counsel for Plaintiff shall

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submit each unredacted and executed Exhibit

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Persons described in paragraph 6(b) shall be covered under the signature of Counsel of Record.

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However, for consulting experts who were

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and

and document list for that

and list to the Court for in camera inspection.

Case 2:14-cv-01313-MMD-GWF Document 18 Filed 03/11/15 Page 4 of 6

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9.

As the Protected Documents may only be distributed to Qualified

Persons,

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Plaintiffs Counsel, and all persons described in paragraph 6 above, này not post

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Documents on any website or internet accessible document repository and shall not under any

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

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Confidential information contained therein or the fact that such persons have obtained Ford's

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Protected Do cuments and Confidential information.

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10.

Protected

To the extent that Protected Documents or information obtained therefrom are

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

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used in the taking of depositions and/or used as exhibits aI trial, such documents or information

deposition testimony andlor trial testimony dealing with, referring to or referencing the Protected

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Documents or information.

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11.

In conjunction with filing any documents with the Court that contain any portion

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of any Protected Document or information taken from any Protected Document, the flrling party

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must file a motion for an order sealing the documents consistent with the Ninth Circuit opinions

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of Kamakana v. City and County of Honolulu,447 F.3d I 172, lI78-79 (9th Cir. 2006) and Pintos

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v. Pacific Creditors Association, 605 F.3d 665, 678 (gth Cir. 2010) and consistent with Local

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Rule 10-5(b). A copy of the motion to seal must be served on all parties, who have appeared in

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the case.

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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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least provisionally), pursuant to local court practice or in a sealed envelope or other appropriate

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sealed container on which shall be endorsed the title

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indication of the nature of the contents of such sealed envelope or other container, the phrase

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"subject To Protective Order," and a statement substantially in the following

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'When

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

will be n¿urow in scope

to

is information expressly

law. Whenever possible, disputes regarding confidentiality designations should be

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it is filed

it will be filed under seal (at

of the action to which it pertains,

form:

an

"This

Case 2:14-cv-01313-MMD-GWF Document 18 Filed 03/11/15 Page 5 of 6

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envelope or container shall not be opened without order of the Court, except by officers of the

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Court and counsel of record, who, after reviewing the contents, shall return them to the clerk in a

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sealed envelope or container."

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

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

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Document, then such attorney 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-confidential information meaningful, as required by Foltz

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State Farm

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of such

Any court reporter or transcriber who reports or transcribes testimony in this

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action shall agree that all "confidential" information designated as such under this Order shall

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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

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so, redacted versions

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

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Mut Auto. Ins. Co.,331 F.3d ll22 (gth Cir. 2003). If

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

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Counsel for the parties shall not be required to return the Protected Documents to

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Ford after the conclusion of this case and may retain the documents pursuant to the terms of this

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Order.

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15.

To the extent Ford is requested to produce documents it feels should not be subject

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to the sharing provisions of this protective order, Ford does not waive and specifically reserves its

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right to subsequently request that the parties enter into a non-sharing protective order prior to the

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production of any such documents.

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16.

Inadvertent or unintentional production of documents or information containing

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confidential information which should have been designated as Protected Document(s) shall not

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be deemed a waiver in whole or in part of the party's claims of confidentiality.

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17.

This Protective Order may not be waived, modified, abandoned or terminated, in

If

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

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Protective Order shall be held invalid for any reason whatsoever, the remaining provisions shall

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any provision of this

Case 2:14-cv-01313-MMD-GWF Document 18 Filed 03/11/15 Page 6 of 6

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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 and recipients of the

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Protected Documents for enforcement of the provisions of this Order following termination o

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this litigation.

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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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attomeys, 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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Respectfully submitted this

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or organizations over which they

have control.

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successors, executors, personal

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of March, 2015.

L.L.P

By:

By:

NV Bar o.7665
Vaughn A.
NV Bar No. 8656
Ja J.S
T.
i, NV Bar No. 13221
3883 Howard Hughes Pkwy., Ste. 1100
Las Vegas, NV 89169
Attorneys for Ford Motor Company

Seth R.

801 South
Las Vegas, NV 89101
Attorney for Plaintiff

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ORDER

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IT IS SO ORDERED

this 13th

day of March,2015

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U.S. MAGISTRATE JUDGE

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