Bruins v. Osborn et al

Filing 48

PROTECTIVE ORDER re 47 Stipulation. Signed by Magistrate Judge Cam Ferenbach on 4/8/16. (Copies have been distributed pursuant to the NEF - JC)

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1 2 3 4 5 ALVERSON, TAYLOR, MORTENSEN & SANDERS SEETAL TEJURA, ESQ. (#008284) 7401 W. Charleston Boulevard Las Vegas, Nevada 89117 (702) 384-7000 efile@alversontaylor.com Attorneys for Defendants NaphCare, Inc. and the Las Vegas Metropolitan Police Department 6 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA >*< 9 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 7 Case No. 2:15-cv-00324-APG-VCF ROBIN BRUINS, individually; and BEVERLY BRUINS, individually, 11 Plaintiffs, 12 vs. 13 COLONEL DENNIS OSBORN, in his individual capacity as Chief of the Nevada Highway Patrol; SERGEANT JUAN ARIAS, in his individual capacity; TROOPER F. HERRERA, in his individual capacity; TROOPER A. POEHL, in his individual capacity; TROOPER D. SLATTERY, in his individual capacity; B.O. ESTES, in her individual capacity; LAS VEGAS METROPOLITAN POLICE DEPARTMENT; NAPHCARE, INC.; DOES CORRECTIONS EMPLOYEES I-X, inclusive; and DOES MEDICAL PROVIDERS I-X, inclusive, 14 15 16 17 18 19 20 21 STIPULATED PROTECTIVE ORDER Defendants. 22 It is anticipated that discovery in this action may require Defendant NaphCare, Inc. 23 (“NaphCare”) and possibly other non-parties to disclose information and documents that is 24 confidential, proprietary and sensitive. Disclosure of this information could result in harm to the -1- 22488-ST sao protective ordr 1 business and practices of NaphCare and the disclosing non-parties. Although this information 2 may be subject to conditional disclosure, NaphCare and the disclosing non-parties are entitled to 3 the protections described below. 4 1. As used in this Protective Order, the term “confidential information” means any documents, testimony, or other information that is produced from the date of this agreement 6 forward, including: NaphCare’s policies and procedures which are used to govern the provision 7 of healthcare services to the inmates at the Clark County Detention Center (“CCDC”); 8 employment training documents; and internal documents used for investigating, monitoring, and 9 maintaining its business practices, and has been designated as “CONFIDENTIAL”. 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 5 2. The term “disclosure” shall include the dissemination, communication, 11 publication or reproduction of any confidential material or the specific contents of the 12 information contained therein, or the communication of any estimate or other information which 13 facilitates the discovery of confidential information. Should any pleading with the Court require 14 reference or attachment of any confidential information, the parties shall first request leave to file 15 the document under seal, as further defined in Paragraph 11 below. 16 3. As used in this Protective Order, the term “qualified persons” means (i) counsel of 17 record for the parties to the litigation, including office associates, paralegals, and stenographic 18 and clerical employees to whom disclosure is reasonably necessary; (ii) experts retained for the 19 purpose of this litigation to whom disclosure is reasonably necessary and who reviewed and 20 signed a copy of this Stipulation; (iii) parties to this action; and (iv) court personnel, including 21 stenographic reporters engaged in such proceedings as are necessarily incident to this litigation. 22 4. Confidential information shall be and remain confidential, and, except as allowed 23 by this Protective Order, may not be disclosed or communicated, nor used for any purpose other 24 than this litigation. -2- 22488-ST sao protective ordr 1 5. Any and all documents containing confidential information must be retained by counsel, and not be disclosed or made available to any person other than a qualified person who 3 has read and acknowledged the terms of this Protective Order. Similarly, the confidential 4 information contained within those documents may not be disclosed to any person other than a 5 qualified person. To the extent reasonably necessary, copies of confidential documents may be 6 provided to experts retained for the purpose of this litigation to whom disclosure is reasonably 7 necessary and who have signed this Stipulation and Protective Order. Nothing in this Protective 8 Order shall in any way affect the admissibility or use at trial of any of the documents produced 9 under this Protective Order. 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 2 6. Any person who is in possession of confidential information, or to whom 11 confidential information is disclosed, is responsible for ensuring that such confidential 12 information is not inadvertently disclosed by him or her. 13 precautions to ensure against such inadvertent disclosure will be viewed by the Court as willful 14 disobedience of this Protective Order, and will be punished accordingly. 15 7. Failure to take all reasonable Counsel or parties receiving confidential information may not disclose that 16 confidential information to any expert without first furnishing to that expert a copy of this 17 Stipulation and Protective Order and obtaining a signed copy of this Stipulation and Protective 18 Order from that expert. 19 8. Any person who executes a copy of this Stipulation and Protective Order submits 20 to the jurisdiction of this Court for purposes of enforcement of this Protective Order, either prior 21 to or following trial of this action. Jurisdiction of this action is to be retained by this Court after 22 final determination for purposes of enabling any party or persons affected by this Protective 23 Order to apply to the Court for such direction or further decree as may be appropriate for the 24 construction or enforcement of this Protective Order, or for such additional relief as may become -3- 22488-ST sao protective ordr 1 2 appropriate. 9. If any party or persons affected by this Protective Order objects to the designation by the disclosing party, non-party, or person of a document or item, pleading, or transcript of 4 testimony as “CONFIDENTIAL”, he shall give notice of the same to the disclosing party, non- 5 party, or person in writing of the document, pleading, and/or testimony at issue and the reason 6 for the objection. Challenges to the designation shall be provided in writing to the disclosing 7 party within twenty-one (21) days of the receipt of said information. Within 14 days of the 8 receipt of any written challenges, the parties must telephonically confer to determine if the 9 disputes can be resolved. The disclosing party, non-party, or person shall thereafter have 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 3 fourteen (14) business days from the telephonic meet-and confer conference within which to 11 apply to the Court for appropriate protection of the document, pleading, and/or testimony 12 pursuant to the Federal Rules of Civil Procedure. If the disclosing party, non-party, or person 13 does not make application within fourteen (14) days after the above described telephonic 14 conference, (or within the stipulated time period if stipulated to be longer or shorter than fourteen 15 (14) days), then the documents, pleadings, and/or testimony at issue shall no longer be deemed 16 “CONFIDENTIAL”. However, until expiration of the fourteen (day) time period (longer or 17 shorter if stipulated) or until the Court enters an order changing the designation, whichever is 18 later, the information shall continue to be given the “CONFIDENTIAL” treatment initially 19 assigned to it and provided for in this Order. 20 21 22 10. If any individual is making copies of any confidential information allowed by this agreement, said individual must ensure that the copies are also marked “Confidential.” 11. Any person who wishes to file with this Court any document, paper, or other 23 tangible item disclosing confidential material may disclose only those confidential materials that 24 are necessary to support the pleading, motion or other paper to which the confidential document, -4- 22488-ST sao protective ordr paper, or other tangible item is attached, and must first attempt to contact the disclosing party, 2 non-party or person in an attempt to reach an agreement/Stipulation regarding whether filing the 3 document should be under seal. If such contact is not possible, the filing party must provide said 4 counsel with a description of the contacts attempted and/or the basis for not contacting the 5 undersigned. The parties to this agreement understand that is a “strong presumption in favor of 6 access.” A party seeking to seal a judicial record at trial and/or the dispositive motions stage 7 bears the burden of establishing “compelling reasons” by “articulating compelling reasons 8 supported by specific factual findings,” that outweigh the public policies favoring disclosure. 9 Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006). 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 1 12. Nothing in this Protective Order precludes the deposition examination of any 11 person regarding confidential information of which they have knowledge. In any such 12 deposition, the disclosing party, non-party or person may designate specific testimony deemed to 13 be “CONFIDENTIAL” by advising the court reporter of such fact prior to the conclusion of the 14 deposition. The reporter shall mark the face of the transcript “CONTAINS CONFIDENTIAL 15 INFORMATION.” All transcripts of said deposition containing confidential information will be 16 treated in accordance with this Protective Order, wherein if any portions of the deposition 17 transcript containing confidential material is to be filed with the Court, Paragraph 11 should be 18 observed. 19 20 21 13. Only qualified persons as defined in Paragraph 3 above may attend deposition examinations in this case, unless all parties agree or their counsel otherwise. 14. The parties taking any deposition shall retain a court reporter who agrees that 22 before transcribing any such testimony, that all testimony containing confidential information is 23 and shall remain confidential and shall not be disclosed except as provided in this Protective 24 Order and that copies of any transcript, reporter’s notes, or any other transcription records of any -5- 22488-ST sao protective ordr 1 such testimony will be retained in absolute confidentiality and safekeeping by such shorthand 2 reporter or delivered to attorneys of record or filed with the Court under seal. 3 15. If, during trial, any party intends to introduce into evidence any information designated as “CONFIDENTIAL,” he/she shall give timely notice of that intention to the Court, 5 all counsel, and any disclosing non-party or person, either through the required Joint Pre-Trial 6 Order or some other type of notice. Thereafter, the Court may take such steps as it shall deem 7 reasonably necessary to preserve the confidentiality of such information, without violating any 8 statute or other rule of the Court. 16. 9 Nothing in this Protective Order requires a party to disclose confidential 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 4 information that the party also contends is protected from disclosure based upon a privilege 11 (including but not limited to HIPAA rights of others) or for some reason other than the mere 12 confidential or proprietary nature of the document or information (including but not limited to 13 non-discoverable trade secrets). 14 17. Upon the final determination of this action, counsel and all qualified persons shall 15 return any confidential information to counsel for Defendants LVMPD and NaphCare, or the 16 disclosing non-party or person, upon their request, together with any copies of confidential 17 information. Transcripts containing confidential information also must be returned to the 18 requesting Defense Counsel or the disclosing non-party or person. 19 .... 20 .... 21 .... 22 .... 23 .... 24 .... -6- 22488-ST sao protective ordr 1 18. Anyone found to be in violation of this Protective Order may have sanctions 2 imposed against him or her as the Court may determine and allowable under law and may also be 3 subject to contempt of court proceedings. 4 DATED this 6th day of April, 2016. DATED this 7th day of April, 2016. 5 ALVERSON, TAYLOR, MORTENSEN & SANDERS ADAM P. LAXALT Attorney General By ___/s/ Seetal Tejura________________ SEETAL TEJURA, ESQ. 7401 W. Charleston Boulevard Las Vegas, Nevada 89117 Attorneys for Defendants NaphCare, Inc. and the Las Vegas Metropolitan Police Department By__/s/ David R. Keene *_________________ DAVID R. KEENE, II, ESQ. Deputy Attorney General State of Nevada, Office of the Attorney General Attorneys for Defendants Colonel Dennis Osborn, Sergeant John Arias, Trooper F. Herrera, Trooper A. Poehl, Trooper D. Slattery, B.O. Estes 6 7 9 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 ALVERSON, TAYLOR, MORTENSEN & SANDERS 8 11 *electronic signatures used with permission 12 13 DATED this 6th day of April, 2016. 14 GENTILE CRISTALLI MILLER ARMENI SAVARESE 15 16 17 18 19 By_/s/ Paola M. Armeni_*____________ PAOLA M. ARMENI, ESQ. COLLEEN M. MCCARTY, ESQ 410 South Rampart Boulevard, Suite 420 Las Vegas. Nevada 89145 Attorneys for Plaintiffs Robin and Beverly Bruins 20 ORDER 21 IT IS SO ORDERED. 22 April 8th Dated this ____ day of ________________, 2016. 23 24 _____________________________________ UNITED STATES MAGISTRATE JUDGE -7- 22488-ST sao protective ordr 1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 issued by the United States District Court, for the District of Nevada on ______________, 2016, 5 in the case of Bruins v. Colonel Dennis Osborn, Case No. 2:14-cv-00324-APG-VCF. I agree to 6 comply with and to be bound by all terms of this Protective Order and I understand and 7 acknowledge that failure to do so comply could expose me to sanctions and punishment in the 8 nature of contempt. I solemnly promise that I will not disclose in any manner any information or 9 item that is subject to this Protective Order that any person or entity except in strict compliance 10 LAWYERS 7401 WEST CHARLESTON BOULEVARD LAS VEGAS, NEVADA 89117-1401 (702) 384-7000 I, _____________, have read in its entirety and understand the Protective Order that was 4 ALVERSON, TAYLOR, MORTENSEN & SANDERS 3 with the provisions of this Order. Further, I solemnly promise that I will not offer to sell, 11 advertise or publicize that I have obtained any Protected Material subject to this Protective 12 Order. At the conclusion of this matter, I will return all Protected Material which came into my 13 possession to counsel for the party from whom I received the Protected Material, or I will 14 destroy those materials. I understand that any Confidential Information contained within any 15 summaries of Protected Material shall remain protected pursuant to the terms of this Order. I 16 further agree to submit to the jurisdiction of the United States District Court, for the District of 17 Nevada for the purpose of enforcing the terms of this Protective Order, even if such enforcement 18 proceedings occur after termination of this action. 19 I certify under the penalty of perjury that the foregoing is true and correct. 20 Date: ____________________ 21 City and State where signed: __________________________________________ 22 Printed name: _______________________________ 23 Address: ___________________________________________________________ 24 Signature: __________________________________ -8- 22488-ST sao protective ordr

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