Meadows v. Department of the Interior, Bureau of Land Management

Filing 32

ORDER Granting 31 Stipulated Protective Order. Signed by Magistrate Judge Carl W. Hoffman on 7/29/15. (Copies have been distributed pursuant to the NEF - PS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 TRACY MEADOWS, as the Representative of the )
Estate of D’Andre Berghardt, Jr., deceased,
) Case No. 2:14-cv-02188-JAD-CWH
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Plaintiff,
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v.
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The UNITED STATES DEPARTMENT OF THE )
7 INTERIOR BUREAU OF LAND
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MANAGEMENT, et al.,
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Defendants.
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STIPULATED PROTECTIVE ORDER
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The parties, by counsel and pursuant to Federal Rule of Civil Procedure 26(c), respectfully

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12 request the entry of a protective order in the form stated below:
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1.

This Protective Order governs the treatment and handling of all confidential information,

14 materials, and documents (including answers to interrogatories, responses to requests for production,
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responses to requests for admission, deposition testimony, deposition transcripts, deposition exhibits, and

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other written, recorded, electronic, or graphic matter, and copies of the foregoing) (“Confidential
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Material”) produced by any party in this civil action in accordance with the Federal Rules of Civil

19 Procedure or any order of this Court.
2.

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Pursuant to this Protective Order, the parties are authorized to release to other parties in

21 this civil action Confidential Material otherwise protected by the Privacy Act (5 U.S.C. § 552a) or the
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Health Insurance Portability and Protection Act (42 U.S. Code § 1320d et seq.) (“HIPPA”), or any other
federal or state law, without obtaining prior written consent of the individual or individuals to whom the

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Confidential Material pertains; provided that the Confidential Material is reasonably related to this civil
action.

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3.

Any party furnishing Confidential Material, which in the opinion of that party contains

confidential information or information protected from disclosure by the Privacy Act, HIPPA, or any

3 other federal or state law, may designate the material as subject to this Protective Order by marking each
4 page of the document as “Confidential – Subject to Protective Order.”
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4.

Material designated “Confidential – Subject to Protective Order” shall be used by a party

only for purposes related to this action and for no other purpose. No party shall disclose material

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designated “Confidential – Subject to Protective Order” to any person or entity other than the following:
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a.

The Court and Court personnel;

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b.

Counsel for a party;

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c.

Secretarial, clerical, paralegal, or information technology staff employed counsel
of record for a party, provided such counsel deems the disclosure reasonably
necessary for the conduct of this litigation;

d.

Experts or consultants who have been retained by a party for the purpose of
assisting in the conduct of this action;

e.

Fact witnesses during their deposition, or in preparation for their deposition,
provided that counsel of record for a party deems the disclosure reasonably
necessary for the conduct of this litigation; or

f.

Other persons upon order of this Court or upon stipulation of the party who
designated the Confidential Material in question as “Confidential – Subject to
Protective Order.”

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5.

Prior to disclosing any material designated “Confidential – Subject to Protective Order” to

any individual designated in subsections (b) – (f), counsel of record disclosing such Confidential Material

22 shall advise the individual that the Confidential Material is being disclosed subject to the terms of this
23 Protective Order, may not be disclosed other than pursuant to the terms hereof, any may be used only for
24 purposes related to this action and for no other purposes.
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6.

In the event that counsel of record for a party seeks to electronically file with the Court

any material designated as “Confidential – Subject to Protective Order,” counsel must file a motion in

3 accordance with Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006) and District
4 of Nevada Local Rule 10-5(b) for permission from the Court to file the material under seal.
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7.

If any party objects to the designation of any information, material, or document as

“Confidential – Subject to Protective Order,” the objecting party may notify the designating party in

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writing at any time, but no later than fourteen (14) days after the close of discovery, and the objecting
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party must also notify all other parties of the objection. After service of written notice, and after

10 consultation and a good-faith effort to resolve the objection, either the designating or the objecting party
11 may file a motion with the Court for a ruling that the Confidential Material objected to shall (or shall not)
12 be treated as “Confidential – Subject to Protective Order.” Until the Court issues an order resolving the
13 status of the Confidential Material being objected to, the material shall be treated as confidential and
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protected from disclosure as provided in this Protective Order.

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8.

Any party that produces documents or electronically stored information pursuant to this

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Protective Order does not waive any privilege or protection, including but not limited to the attorney-

18 client privilege or the work-product protection, over that information in this matter or any other
19 proceeding. The parties shall follow Federal Rule of Civil Procedure 26(b)(5)(B) in dealing with any
20 privileged material inadvertently produced in discovery.
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9.

Documents, information, or material of any sort that a party wishes to designate as

“Confidential – Subject to Protective Order,” but which are inadvertently disclosed without such

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designation, may be retrieved by the disclosing party at any time. Upon notice that a party seeks retrieval,
such documents, information, or material must be treated as if designated “Confidential – Subject to

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Protective Order” and may only be used for the purposes and in the manner permitted by this Protective
Order.
10.

Within three (3) months of the conclusion of this litigation (commencing from the date on

4 which the time for filing an appeal from entry of judgment with no party taking an appeal, or in the event
5 an appeal is taken, from the date of exhaustion of any and all appeals), all materials which continue to be
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designated as “Confidential – Subject to Protective Order” and all copies thereof shall either be returned

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to the disclosing party or destroyed. A party who elects to destroy the copies shall certify in writing to the
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disclosing party that all copies have been destroyed. Copies which contain markings constituting attorney

10 work product need not be returned or destroyed, provided they remain subject to the provisions of this
11 Protective Order.
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Respectfully submitted on July 28, 2015.

14 BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
15 RUPA BHATTACHARYYA
Director, Torts Branch
16 C. SALVATORE D’ALESSIO, JR.
Assistant Director, Torts Branch
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/s/ Reginald M. Skinner
18 REGINALD M. SKINNER
Trial Attorney, Civil Division
19 United States Department of Justice

DANIEL G. BOGDEN
United States Attorney
District of Nevada
PATRICK A. ROSE
Assistant United States Attorney

ORDER

20 Counsel for the Defendants

IT IS SO ORDERED.

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/s/ Jacob Hafter
22 JACOB L. HAFTER, ESQ.
HAFTERLAW
23 6851 West Charleston Blvd.
Las Vegas, NV 89117
24 Tel: [phone]

___________________________
United States Magistrate Judge

25 Counsel for Plaintiff

DATED: July 29, 2015

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