Bryant v. Standard Insurance Company

Filing 13

ORDER ON STIPULATION Granting 12 STIPULATION for Protective Order. PROTECTIVE ORDER. Signed by Magistrate Judge George Foley, Jr on 7/21/15. (Copies have been distributed pursuant to the NEF - MMM) (Main Document 13 replaced on 7/21/2015 - nef regenerated) (MMM).

1 Ann-Martha Andrews
State Bar No. 7585
2 E-mail: [e-mail]
Todd D. Erb
3 State Bar No. 12203
E-mail: [e-mail]
4 LEWIS ROCA ROTHGERBER LLP
3993 Howard Hughes Pkwy, Suite 600
5 Las Vegas, NV 89169-5996
Tel: [phone]
6 Fax: [phone]
7 Attorneys for Defendant Standard
Insurance Company
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3993 Howard Hughes Pkwy, Suite 600 
Las Vegas, NV 89169‐5996 

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
SUSANNE BRYANT,

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No. 2:15-cv-00199-JCM-GWF
Plaintiff,

STIPULATION FOR ENTRY OF
PROTECTIVE ORDER

vs.

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STANDARD INSURANCE COMPANY,
16 an Oregon corporation, and DOES I
through V; and ROES I through V,
17 inclusive,
Defendants.

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Plaintiff Suzanne Bryant seeks discovery containing information that defendant
Standard Insurance Company maintains is confidential and proprietary business
information. Standard contends that the production of confidential and proprietary
documents without a Protective Order will cause irreparable harm. To facilitate
discovery, the parties stipulate to the entry of the attached Stipulated Protective Order
to provide a mechanism to designate documents as “confidential” and to regulate their
use in this litigation.

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Case 2:15-cv-00199-JCM-GWF Document 12 Filed 07/17/15 Page 2 of 2

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DATED this 17th day of July, 2015.

2 LAW OFFICE OF JULIE A. MERSCH

LEWIS ROCA ROTHGERBER LLP

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4 By /s/ Julie A. Mersch (with permission)
JULIE A. MERSCH
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Nevada Bar No. 4695
701 S. 7th Street
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Las Vegas, Nevada 89101
7 Attorney for Plaintiff
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By:/s/ Ann-Martha Andrews
ANN-MARTHA ANDREWS
Nevada Bar No. 7585
TODD D. ERB
Nevada Bar No. 12203
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169
Attorneys for Defendant Standard
Insurance Company

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3993 Howard Hughes Pkwy, Suite 600 
Las Vegas, NV 89169‐5996 

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IT IS SO ORDERED:
________________________________
GEORGE FOLEY, JR.
U.S. District/Magistrate Judge
United States Magistrate Judge

Dated:

July 21, 2015

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1 Ann-Martha Andrews
State Bar No. 7585
2 E-mail: [e-mail]
Todd D. Erb
3 State Bar No. 12203
E-mail: [e-mail]
4 LEWIS ROCA ROTHGERBER LLP
3993 Howard Hughes Pkwy, Suite 600
5 Las Vegas, NV 89169-5996
Tel: [phone]
6 Fax: [phone]
7 Attorneys for Defendant Standard
Insurance Company
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3993 Howard Hughes Pkwy, Suite 600 
Las Vegas, NV 89169‐5996 

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
SUSANNE BRYANT,

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No. 2:15-cv-00199-JCM-GWF
Plaintiff,

PROTECTIVE ORDER

vs.

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STANDARD INSURANCE COMPANY,
16 an Oregon corporation, and DOES I
through V; and ROES I through V,
17 inclusive,
Defendants.

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To expedite the flow of discovery material, facilitate the prompt resolution of
disputes over confidentiality, adequately protect confidential and/or proprietary
material, and ensure that protection is afforded only to material so designated, pursuant
to the Court’s authority under Fed. R. Civ. P. 26(c), IT IS ORDERED:
1.

Confidential Documents. This order shall govern all documents

produced or exchanged that are stamped or otherwise marked with the legend
“SUBJECT TO PROTECTIVE ORDER IN BRYANT V. STANDARD.” Pursuant to Fed. R. Civ.
P. 26(c), the “confidential” designation under this order shall be used consistent with the
legitimate business interests of the parties to protect documents or information that may

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1 contain trade secrets or other confidential research, development, or commercial
2 information, as well as the legitimate privacy interests of non-parties. Other individuals
3 or entities producing documents or information in this lawsuit, including individuals or
4 entities responding to subpoenas, may use the “confidential” designation under this Order
5 consistent with their legitimate interests to protect information that they deem to be
6 confidential or proprietary.
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2.

Scope of Confidential Designation. The special treatment accorded the

3993 Howard Hughes Pkwy, Suite 600 
Las Vegas, NV 89169‐5996 

8 document(s) designated “confidential” under this Order shall reach:
(a)
All documents currently or hereafter designated “confidential”
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under this Order;
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(b)
All copies, extracts, and complete or partial summaries prepared
from such documents;
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(c)
Any portion of a deposition transcript or exhibit, or portion
thereof, that discusses or refers to such documents, copies,
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extracts or summaries; and,
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(d)

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3.

Restrictions on Disclosure of Confidential Documents. Except with prior

written consent of all parties asserting confidential treatment, and except as provided
elsewhere in this Order, documents designated “confidential” under this Order and all
information contained in them or derived from them, may not be disclosed to any
person other than:
(a)
(b)

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Any portion of any discovery answer or response, affidavit,
declaration, brief, or other paper filed with the Court, or as an
exhibit to such paper, that discusses or refers to such documents,
copies, extracts or summaries.

(c)
(d)
(e)

The parties and counsel of record for the parties;
Secretaries, paralegal assistants, and all other employees of such
counsel who are assisting in the prosecution and/or defense of this
lawsuit;
Designated testifying experts;
Consulting experts;
Actual or potential deposition or trial witnesses in this action, to
the extent reasonably necessary to prepare the witnesses to testify
concerning this lawsuit. In no event, however, shall disclosure be
made under this subparagraph to any witness who is or has been
employed by or associated with any competitor or customer of the
defendants unless the confidential documents in question were
written by, seen by or copied to such witness; and,
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(f)

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The Court and its employees, the triers of fact, court reporters
transcribing testimony and notarizing officers.

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3993 Howard Hughes Pkwy, Suite 600 
Las Vegas, NV 89169‐5996 

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“Disclosure” is intended to be interpreted broadly, and means copying (including
handwritten copies), exhibiting, showing, communicating, describing, allowing access
to, or otherwise releasing to any person the documents subject to this order or any of
these documents’ content, except as expressly authorized by this Order.
4.

Review of Own Confidential Documents. The restrictions of this Order

shall not apply to parties or nonparties, and their employees, attorneys, experts or their
authorized agents, when reviewing their own confidential documents.
5.

Certification of Compliance. Prior to disclosing any confidential

information, materials, or documents to any individual identified in paragraphs 3(c)-(e)
above, a party shall provide said individual with a copy of this Order and a copy of the
Declaration Re Protective Order attached hereto as Exhibit A. The individuals
identified in paragraphs 3(c)-(e) shall sign the Declaration Re Protective Order prior to
being granted access to confidential information, materials, or documents. With respect
to the individuals identified in paragraphs 3(c) and 3(e), a copy of the signed
Declaration Re Protective Order shall be provided to the other party within five days of
disclosure. With respect to the individuals identified in paragraph 3(d), a copy of the
signed Declaration Re Protective Order shall be provided to the other party at the close
of the litigation, but prior to dismissal of the action. If an individual’s status under
paragraph 3(d) changes during the litigation, a copy of the signed Declaration Re
Protective Order shall be provided to the other party within five days of disclosure of
the individual.
6.

Notice of Breach. It shall be the obligation of counsel, upon hearing of

any breach or threatened breach of this Order by any person, promptly to notify
counsel for the opposing and producing parties of such breach or threatened breach.
7.

Use of Confidential Documents at Depositions. Documents designated

“confidential” under this Order, and all information contained in them or derived from
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1 them, may be used or referred to at depositions, in accordance with the provisions of
2 this Order. Any confidential documents marked as deposition exhibits shall be
3 stamped “CONFIDENTIAL” and sealed separately from the remainder of the
4 deposition transcript and exhibits. When a party uses or refers to confidential
5 documents or other information at a deposition, the portion of the deposition transcript
6 that relates to such documents or information shall be sealed separately from the
7 remainder of the transcript and shall be treated as confidential under the provisions of
8 this Order.
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Designating Portions of Deposition Transcripts Confidential. Any party

3993 Howard Hughes Pkwy, Suite 600 
Las Vegas, NV 89169‐5996 

10 may, within 15 days after receiving a deposition transcript, designate portions of the
11 transcript, or exhibits to it, as confidential. At the deposition, the parties will attempt
12 in good faith to preliminarily identify and designate confidential testimony and exhibits
13 without prejudice to their right to so designate other testimony or exhibits or withdraw
14 such designation after receipt of the transcript. Confidential deposition testimony or
15 exhibits may be so designated by stamping the exhibits “CONFIDENTIAL” or by
16 underlining the portions of the pages that are confidential and stamping such pages
17 “CONFIDENTIAL.” Until expiration of the 15-day period, the entire deposition
18 transcript, and all exhibits to it, will be treated as confidential under the provisions of
19 this Order. If no party or nonparty timely designates testimony or exhibits from a
20 deposition as being confidential, none of the deposition testimony or exhibits will be
21 treated as confidential. If a timely confidential designation is made, the confidential
22 portions and exhibits shall be stamped confidential and sealed separately from the
23 portions and exhibits not so marked, and shall be treated as confidential under the
24 provisions of this Order.
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Use of Confidential Documents in Papers Filed with the Court.

26 Documents designated “confidential” under this Order, and all information contained
27 in them or derived from them, may be discussed or referred to in pleadings, motions,
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1 provided that such confidential documents and information, and any portion of any
2 paper filed with the Court that discusses or refers to them, are filed under seal pursuant
3 to the procedures set forth in LR 10-5(b). Unless otherwise permitted by statute, rule
4 or prior court order, papers filed with the court under seal shall be accompanied by a
5 contemporaneous motion for leave to file those documents under seal.
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Notwithstanding any agreement among the parties, the party seeking to have the

7 paper sealed bears the burden of overcoming the presumption in favor of public access
8 to papers filed in court. The party who originally designated the documents as
9 “confidential” will bear the burden of requesting that the designated documents remain
3993 Howard Hughes Pkwy, Suite 600 
Las Vegas, NV 89169‐5996 

10 under seal.
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10.

Use of Confidential Documents in Court. Documents designated

12 confidential under this Order, and all information contained in them or derived from
13 them, may be used or offered into evidence at the trial of this suit, or at any court
14 hearing in this litigation, provided that:
(a)
Sufficient advance notice is given to permit the designating party
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or nonparty to seek additional protections or relief from the Court
if desired; and
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(b)
The confidential documents and information, and any portion of
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any transcript or court paper where they are discussed or referred
to, are filed under seal with the Clerk of this Court.
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11.
Litigation Use Only. All documents produced in this suit that are
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confidential under this Order and all information contained in them or derived from
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them, shall be used solely for the preparation and trial of this suit (including any
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appeals and retrials), and shall not be used for any other purpose, including business,
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governmental or commercial, or in any other administrative, arbitration or judicial
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proceedings or actions.
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12.
Non-Termination and Return of Documents. The provisions of this
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Order shall continue to apply to all confidential documents and information after this
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suit has been terminated. Within 30 days after final conclusion of all aspects of this
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litigation, all confidential documents and all copies of the same (other than exhibits of
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1 record) shall be returned to the defendant or the person that produced such documents
2 or, at the option of the producer (if it retains at least one copy of the same), destroyed.
3 All counsel of record shall make certification of compliance herewith and shall deliver
4 the same to counsel for the party who produced the documents not more than 60 days
5 after final termination of this litigation. Alternatively, the producing party may agree
6 in writing on appropriate methods of destruction. This provisions of this paragraph do
7 not apply to copies of pleadings or motions filed with the Court.
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13.

Objections. If a party deems that materials to be disclosed are

9 confidential and subject to the protective order, the disclosing party shall first notify
3993 Howard Hughes Pkwy, Suite 600 
Las Vegas, NV 89169‐5996 

10 the opposing party of its intention to so designate the disclosed materials as
11 confidential and subject to the protective order. Nothing in this order shall prevent any
12 party from objecting to a confidential designation that it believes to be improper and
13 from seeking judicial intervention as to the designation of such materials as
14 confidential and subject to the protective order. However, the parties shall treat all
15 documents designated as confidential in accordance with the requirements of this
16 Order during the pendency of any motion or other procedure undertaken by the
17 objecting party.
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14.

Subpoena by Other Courts or Agencies. If another court or an

19 administrative agency subpoenas or orders production of confidential documents that a
20 party has obtained under the terms of this Order, such party shall immediately notify,
21 prior to any production of such documents under the subpoena, the party who
22 designated the document as confidential of the service of such subpoena or order, and
23 provide that party with sufficient time in which to object.
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15.

No Admissions. Nothing contained in this Order, nor any action taken in

25 compliance with it, shall:
(a)
Operate as an admission by any party that a particular document
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or information is, or is not, confidential;
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(b)
Operate as an admission by any party that a particular document
is, or is not, subject to discovery or admissible into evidence at the
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trial of this suit.
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IT IS SO ORDERED:
________________________________
U.S. District/Magistrate Judge
GEORGE FOLEY, JR.
Dated:
United States Magistrate Judge
Dated: July 21, 2015

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3993 Howard Hughes Pkwy, Suite 600 
Las Vegas, NV 89169‐5996 

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EXHIBIT A
DECLARATION RE PROTECTIVE ORDER
I, ________________________, hereby certify that I have read, reviewed and

4 understand the Protective Order entered in the above-captioned matter, and I agree to
5 abide fully and be bound by its terms with respect to any documents, materials or
6 information designated or marked “SUBJECT TO PROTECTIVE ORDER IN BRYANT V.
7 STANDARD” under the Protective Order that is furnished to me in any manner.
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I agree not to disclose to anyone any documents, materials or information

9 designated or marked “SUBJECT TO PROTECTIVE ORDER IN BRYANT V. STANDARD”
3993 Howard Hughes Pkwy, Suite 600 
Las Vegas, NV 89169‐5996 

10 other than as set forth in the Protective Order.
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I agree not to make any copies of any documents, materials or information

12 designated or marked “SUBJECT TO PROTECTIVE ORDER IN BRYANT V. STANDARD”
13 except in accordance with the Protective Order and to return all confidential documents
14 to the party or attorney who provided them and to return or destroy all copies.
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I agree not to make use of any confidential document under the Protective Order

16 provided in this litigation for any purpose outside of this litigation.
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I hereby consent to be subject to the personal jurisdiction and venue of the

18 above-captioned Court with respect to any proceeding related to the Protective Order.
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DATED this ____ day of _________________, 201__.

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Name
Address:

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Phone No:

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