Turner v. Olson et al

Filing 61

ORDER Granting 56 Stipulated Protective Order Regarding Confidential Information and Inadvertent Disclosure. Signed by Judge Richard F. Boulware, II on 10/13/2016. (Copies have been distributed pursuant to the NEF - NEV)

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KIRK B. LENHARD (Nevada Bar No. 1437)
[e-mail]
MITCHELL J. LANGBERG (Nevada Bar No. 10118)
[e-mail]
Brownstein Hyatt Farber Schreck, LLP
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106
Telephone: [phone]
Facsimile: 702.382.8135
Attorneys For Defendants,
APRIL OLSON, and ROTHSTEIN DONATELLI,
HUGHES, DAHLSTROM, SCHOENBURG
& BIENVENU, LLP
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

BROWNSTEIN HYATT FARBER SCHRECK, LLP

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JENNIFER TURNER, an individual
residing in the State of Nevada,
Plaintiff,
v.
APRIL OLSON, an individual residing in
the State of Arizona; and ROTHSTEIN,
DONATELLI, HUGHES, DAHLSTROM,
SCHOENBURG & BIENVENU, LLP, a
New Mexico limited liability partnership,

CASE NO.: 2:15-cv-01172-RFB-PAL
STIPULATED PROTECTIVE ORDER
REGARDING CONFIDENTIAL
INFORMATION AND INADVERTENT
DISCLOSURE

Defendants.

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The parties, Plaintiff Jennifer Turner (“Plaintiff”) and Defendants, April Olson and

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Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, LLP (“Defendants”)

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(collectively, the “Parties”, each individually, a “Party”), recognize that certain documents and

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information to be produced in the above action should be kept confidential, within the meaning of

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FED. R. CIV, P. 26(c), in order to protect the legitimate business and privacy interests of the

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parties and the legitimate business and privacy interests of third parties.

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Therefore, IT IS HEREBY STIPULATED AND AGREED by and among the Parties,
through their undersigned counsel, that the following procedures shall govern the disclosure of

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information and documents in the above-entitled action (the “Action”).

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1.

Types of Materials That May Be Designated

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1.1

This Order shall govern all documents and other products of discovery (whether

formal or informal) including any documents, electronically stored information, things, answers

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to interrogatories, responses to requests for admission, deposition testimony, deposition

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transcripts and exhibits, other responses to requests for information, or other information,

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produced in response to discovery requests or informally (collectively, “Discovery Proceedings”)

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in this Action by the Parties (hereafter, collectively, “Discovery”). In connection with Discovery

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in this Action, any supplying party (each, a “Supplying Party”) may designate non-public

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documents, electronically stored information, materials, or information as “CONFIDENTIAL”,

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

BROWNSTEIN HYATT FARBER SCHRECK, LLP

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or “HIGHLY CONFIDENTIAL-AEO” (collectively referred to as “Protected Material”).
(a)

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Any Supplying Party may designate as CONFIDENTIAL any Discovery

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the Supplying Party reasonably and in good faith believes contains confidential information used

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by it or a third-party in, or pertaining to, its or a third-party’s business and/or operation and that is

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not generally known, or implicating the protectable privacy rights of any Party or third-party, or

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which any Party or third-party has a legal or contractual obligation to keep confidential, and

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which that Supplying Party would not normally reveal to third parties or, if disclosed, would

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require such third parties to maintain in confidence;
(b)

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Any Supplying Party may designate as “HIGHLY CONFIDENTIAL-

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AEO” any Discovery that the Supplying Party reasonably and in good faith believes to contain

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particularly sensitive private, business, financial, market or other proprietary information, or

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which any Party or third-party has a legal or contractual obligation to keep confidential, the

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disclosure of which information is likely to have the effect of causing harm to the Supplying

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Party or third-parties.

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1.2

Any copies or reproductions, excerpts, summaries, or other documents or media

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that paraphrase, excerpt, or contain HIGHLY CONFIDENTIAL-AEO or CONFIDENTIAL

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Discovery will also be treated as such pursuant to this Protective Order.

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1.3

CONFIDENTIAL –AEO, this Protective Order shall not apply to Discovery that:
(a)

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Regardless of whether Discovery is designated as CONFIDENTIAL or HIGHLY

Has been or became lawfully in the possession of the receiving party

without being subject to a confidentiality obligation;
(b)

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Has been or became part of the public domain, not due to any unauthorized

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act or omission on the part of the receiving Party or any of its authorized representatives or

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designees under this Protective Order; or
(c)

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1.4

Nothing herein shall impose any restriction on the use or disclosure by a Party or a

third-party of its own documents or information.

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Las Vegas, NV 89106-4614
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BROWNSTEIN HYATT FARBER SCHRECK, LLP

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Is independently developed by the receiving party.

2.

Designation of Confidential Information

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2.1

Any Discovery produced in this Action that is to be designated “HIGHLY

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CONFIDENTIAL-AEO” or “CONFIDENTIAL” may be so designated by the Supplying Party by

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providing copies of the Discovery so designated that are stamped with the legend

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL-AEO”, as appropriate. In the case of

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Discovery produced on magnetic, optical, other encoded media, or other electronically stored

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information (except for images of hard copy documents), the Supplying Party shall affix the

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legend “HIGHLY CONFIDENTIAL-AEO” or “CONFIDENTIAL”, as appropriate, on the

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outside of the storage medium (e.g., the magnetic disk enclosure or CD-ROM). A receiving party

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desiring to make electronic copies of such media or portions thereof shall — if permitted to make

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such copies under the terms of this Protective Order affix the same designation on the copy as

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exists on the original, produced medium.

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2.2

With respect to any deposition or testimony, any Party or third-party may

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designate as HIGHLY CONFIDENTIAL-AEO or CONFIDENTIAL those portions of a transcript

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(including exhibits) that such Party or third-party believes in good faith merit protection as

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CONFIDENTIAL or HIGHLY CONFIDENTIAL-AEO by stating orally on the record of a

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deposition what portion of information, exhibits, or testimony is to be so designated, or, in the

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alternative, by notifying all other Parties of such designation within 7 days of the date of the
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deposition. The Parties shall treat the deposition as HIGHLY CONFIDENTIAL-AEO for a

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period of 7 days after the date of the deposition.

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3.

Inadvertent Disclosure

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3.1

Any inadvertent failure to designate Discovery as CONFIDENTIAL or HIGHLY

CONFIDENTIAL-AEO Information shall not constitute a waiver of a Party's or third-party's right

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to so designate such Discovery at a later date, provided that the designating Party, or designating

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third-party, promptly serves a written notice upon the receiving Parties upon learning of the

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inadvertent failure to designate or incorrect designation, along with a replacement copy of such

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Discovery marked with the appropriate legend.

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3.2

Upon receipt of such replacement copy, the receiving Parties shall then take

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reasonable steps to destroy or return all unmarked or mismarked copies of such Discovery within

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14 calendar days and certify in writing that they have done so.

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4.

Restrictions on Disclosure and Use of Confidential Information

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4.1

Protected Material, and all summaries, compilations, and/or derivatives thereof,

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whether oral or written, shall be maintained in confidence, and shall be used solely in the

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preparation, prosecution, or trial of this Action and not for any other purpose, and may not be

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disclosed by any party, attorney for a party, or other person subject to this Protective Order to any

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other person or entity (including any other client of an attorney in this case) except as provided in

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the following paragraphs:

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4.2

Discovery which has been designated as HIGHLY CONFIDENTIAL-AEO may

be disclosed to:
(a)

Counsel for the respective parties who have appeared in this Action,

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including clerical, litigation support, paralegal employees, and attorneys who are regular

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employees of the same law firm;

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(b)

Independent, outside consultants/experts for each of the parties, who are

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not employed by or affiliated with any of the parties or a potential witness, but who are

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specifically engaged by counsel or the parties to assist in this Action. However, prior to receiving

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any Protected Material, such persons shall be furnished with a copy of this Protective Order and
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shall execute a copy of the “Undertaking Pursuant to Protective Order” attached hereto as

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Attachment A. The signed undertaking along with the CV of the proposed independent, outside

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consultants/experts will be provided to opposing counsel who will have seven (7) calendar days

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to object along with the reasons for objection. During those seven days the independent, outside

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consultants/experts shall not have access to the Protected Material. The parties shall endeavor in

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good faith to resolve any dispute concerning independent, outside consultants/experts without

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calling upon the intervention of the Court. If the designating party maintains its objection and the

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parties are unable to reach agreement, either party may raise the issue with the Court. The

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objecting party shall have the burden of establishing the appropriateness of the objection;
(c)

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The Court and its officers, court stenographers and outside copy services

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
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whose function requires them to have access to material designated as HIGHLY

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CONFIDENTIAL-AEO under this Protective Order;
(d)

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Stenographic and/or videographic reporters engaged in proceedings

incident to preparation for trial or trial;
(e)

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Employees of copy services, trial graphics services, translation services,

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vendors engaged by counsel for processing electronic information and/or any other outside

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litigation support; and
(f)

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Any person who is indicated on the face of a document to have been an

author, addressee, or copy recipient of the document.
4.3

Information that has been designated CONFIDENTIAL may be disclosed only to

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the persons identified in paragraph 4.2 above and to any Party to the action, including, for Parties

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that are legal entities, an employee of the parties, provided that any such person is directly

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involved in preparation, strategy, settlement or trial of this Action. However, prior to receiving

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any Protected Material, such persons shall be furnished with a copy of this Protective Order and

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shall execute a copy of the “Undertaking Pursuant to Protective Order” attached hereto as

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Attachment A.

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4.4

Notwithstanding the foregoing, Protected Material identified by the opposing party

in connection with the pre-trial order in this matter, including all documents listed on the
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opposing party’s exhibit list, any testimony in the opposing party’s deposition designations, and

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any expert report (and exhibits to or material referenced in that report) of any expert on the

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opposing party’s witness list, may be disclosed to employees of the Receiving Party whose duties

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include responsibility for, or whose assistance is needed in connection with, preparation, strategy,

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settlement or trial of this Action. Prior to receiving any Protected Material, any persons described

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in section (b) of paragraph 4.2 or in paragraph 4.3 above shall be furnished with a copy of this

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Protective Order and shall execute a copy of the “Undertaking Pursuant to Protective Order”

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attached hereto as Attachment A.
4.5

Nothing in this Protective Order shall prevent any counsel of record from utilizing

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Protected Material in the examination of any person who is reasonably alleged to be the author or

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
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source of the Protected Material or who is reasonably believed to have knowledge relating

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thereto. In addition,
(a)

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Parties and present employees of the parties, or employees of third parties,

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may be examined as a witness at depositions and trial and may testify concerning all Protected

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Material produced or designed by that party, or by the employee's employer if a third party;
(b)

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Former employees of the parties, or former employees of third parties, may

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be examined and may testify concerning all Protected Material produced or designated by the

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party or third party that formerly employed such person and which pertains to the period or

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periods of his/her employment and prior thereto; and
(c)

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Experts of the parties may be examined and may testify concerning all

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Protected Material produced or designated by the respective party which pertains to the subject

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matter of his/her consultation.

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4.6

Nothing in this Protective Order shall preclude any party from introducing

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Protected Material into evidence at any evidentiary hearing or at trial. However, if anyone intends

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to introduce or refer to Protected Material at any hearing or trial, the party wishing to make the

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disclosure shall first notify the Supplying Party and provide them with an opportunity to object

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and/or to ask the Court to take appropriate precautionary procedures (e.g., clearing the

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Courtroom, sealing the record, etc.).
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4.7

Nothing in the Protective Order shall bar or otherwise restrict any attorney from

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rendering advice to a Party in this Action with respect to this Action and, in the course thereof,

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referring to or relying generally upon his examination of Protected Material, provided, however,

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that in rendering such advice and in otherwise communicating with his or her clients, the attorney

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shall not disclose the content of such information.

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4.8

All copies, duplicates, extracts, summaries, or descriptions (hereinafter

collectively referred to as “copies”) derived from any documents or information subject to this

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Protective Order, or any portion thereof, shall be affixed with the words “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL-AEO” as appropriate (and if those words do not already appear)

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
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immediately upon creation of same by a Party.
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Nothing herein shall be construed to limit in any way a Party's or a third-party's

use of its own HIGHLY CONFIDENTIAL-AEO or CONFIDENTIAL Discovery.

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5.

Disclosure of Confidential Material to the Court

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5.1

No materials designated as “HIGHLY CONFIDENTIAL-AEO” or

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“CONFIDENTIAL”, nor any pleading, memorandum of law, motion, letter, or other document

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disclosing such materials (collectively, “Confidential Records”), shall be filed with the Court

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except as provided herein.

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5.2

Confidential Records that consist of materials designated as “HIGHLY

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CONFIDENTIAL-AEO” or “CONFIDENTIAL”, shall be sealed. All HIGHLY

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CONFIDENTIAL-AEO or CONFIDENTIAL Discovery that is filed with the Court shall be filed

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under seal in accordance with the Court's procedures.

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5.3

Pursuant to Local Rule 10-5(b), "papers filed with the Court under seal shall be

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accompanied by a motion for leave to file those documents under seal, and shall be filed in

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accordance with the Court's electronic filing procedures." A party seeking to file a confidential

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document under seal must comply with the Ninth Circuit's directives in Kamakana v. City and

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County of Honolulu, 447 F.3d 1172 (9th Cir. 2006) and Special Order 109. Further, any

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confidential materials that are filed with the Court, and any pleading, motion or other paper filed

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with the Court containing or disclosing any such confidential material shall be filed under seal

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and shall bear the legend:
"THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION/MATERIAL

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COVERED BY A PROTECTIVE ORDER OF THE COURT AND IS SUBMITTED

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UNDER

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CONFIDENTIAL CONTENTS OF THIS DOCUMENT MAY NOT BE DISCLOSED

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WITHOUT THE EXPRESS ORDER OF THE COURT."

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6.

Confidential Material Subject to Subpoena or Other Compulsory Process

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6.1

Nothing in this Protective Order shall prevent a receiving Party or receiving third

SEAL

PURSUANT

TO

THAT

PROTECTIVE

ORDER.

THE

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party from complying with a valid subpoena or other compulsory process that requires production

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

BROWNSTEIN HYATT FARBER SCHRECK, LLP

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or disclosure of, HIGHLY CONFIDENTIAL-AEO or CONFIDENTIAL Discovery, provided,

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however, that any person in possession of HIGHLY CONFIDENTIAL-AEO or

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CONFIDENTIAL Discovery who receives a subpoena (or other compulsory process) from any

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person (including natural persons, corporations, partnerships, firms, governmental agencies,

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departments, bodies, boards or associations) who is not a party to this Protective Order seeking

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production or other disclosure of HIGHLY CONFIDENTIAL-AEO or CONFIDENTIAL

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Discovery shall not produce such information without written consent from the Supplying Party,

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unless that person gives telephonic notice and written notice by email to counsel for the

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Supplying Party enclosing a copy of the subpoena or other compulsory process at least ten (10)

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days prior to producing such HIGHLY CONFIDENTIAL-AEO or CONFIDENTIAL Discovery,

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or as soon as practicable.

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6.2

Third parties served with a subpoena in this Action shall be entitled to protect their

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documents and information under this protective order using the same procedures and standards

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as applied to the parties. Where a Party has a contractual, legal or other duty to protect the

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privacy or other confidential interests of a third party, a Party may also act to protect documents

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and information in their own possession or in the possession of third parties under this protective

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order. Within seven (7) days of receipt of any documents and information from any third party,

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the Party will provide copies of the received documents and information to the opposing Party.
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Both the Party and the opposing Party will maintain the third party Protected Materials and

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information under this protective order.

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7.

Other Remedies And Relief Are Not Limited

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7.1

Nothing herein shall prevent any Party or third-party from seeking by application

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to the Court further, greater or lesser protection with respect to the use of any HIGHLY

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CONFIDENTIAL-AEO or CONFIDENTIAL Discovery in connection with this Action.

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
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BROWNSTEIN HYATT FARBER SCHRECK, LLP

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7.2

Any Party or third-party may move the Court for a modification of or relief from

the terms of this Protective Order at any time.
7.3

The entry of this Protective Order shall not be construed as a waiver of any right to

object to the furnishing of information in response to discovery requests.
7.4

The entry of this Protective Order shall not be construed as a basis for permitting

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the production of Discovery that would not otherwise be discoverable but for the existence of the

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Protective Order.

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7.5

Any party believing that particular information has been improperly marked, i.e.,

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that it is not in fact HIGHLY CONFIDENTIAL-AEO or CONFIDENTIAL, may challenge such

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designation at any time by raising the issue in writing to the designating party, and specifically

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identifying, by document identification (Bates) number, by deposition page and line, or by other

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appropriate specific identifier, the information whose confidentiality status is challenged. Within

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seven (7) business days of receipt of such writing, the designation party shall either remove or

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reduce the designation or respond that it has reviewed the matter and continues to maintain the

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designation in good faith. The parties shall endeavor in good faith to resolve any such dispute

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without calling upon the intervention of the Court. If the designating party maintains its

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designation and the parties are unable to reach agreement, the challenging party may bring the

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issue to the Court. The designating party shall have the burden of establishing the appropriateness

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of the designation, except that a party claiming that information designated under this Protective

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Order by the other is in the public domain shall have the burden of proving such public

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knowledge. Challenged information shall be treated as designated until the resolution of the

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dispute by the parties or ruling by the Court.
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8.

Inadvertent Production Does Not Waive Privileges

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8.1

In accordance with applicable law, if a Party produces information that the

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receiving Party or attorney recognizes as potentially privileged, the receiving Party or attorney

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will stop its review, not distribute the information and notify the producing Party’s attorney of the

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possible inadvertent production of privileged material.

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8.2

The inadvertent production of information or documents that would be protected

from disclosure pursuant to the attorney-client privilege, the work product privilege, or any other

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relevant privilege or immunity will not constitute a waiver of the applicable privilege or

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immunity. If any such information or document is inadvertently produced in discovery and first

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recognized by the producing Party, the recipient of the information or document will, upon

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Las Vegas, NV 89106-4614
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request from the producing Party or third-party: (a) collect (including from attorneys, Parties,

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experts, consultants or any other person who has obtained the information or document as

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permitted by this Protective Order) and return all copies of the information or documents to the

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producing Party or third-party within three business days of written notice from producing Party

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or third-party. To the extent the document or information has been provided to a person who is

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not under the control of the recipient Party or Attorney and that person refuses to voluntarily

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return the document or information to that Party, that Party will identify and provide the contact

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information of the person who refuses to do so; (b) collect (including from attorneys, Parties,

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experts, consultants or any other person who has obtained the information or document as

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permitted by this Protective Order) and destroy all notes and other work-product reflecting the

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content of the material and delete the material from any litigation support or other database within

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three business days of written notice from producing Party or third-party. To the extent the

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document or information has been provided to a person who is not under the control of the

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recipient Party or Attorney and that person refuses to voluntarily return and destroy the

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information in this section, that Party will identify and provide the contact information of the

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person who refuses to do so; and (c) make no further use of such information or documents for

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any purpose unless and until further order of the Court. To the extent the receiving Party or its

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attorney has reason to suspect that material covered by an applicable privilege or immunity has
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been inadvertently produced, it will promptly notify the producing Party or third-party and

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identify the documents in question. The return of any discovery information or material to the

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producing Party or third-party will not in any way preclude the receiving Party from moving the

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Court for a ruling that (a) the information or document was never privileged, or (b) any privilege

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or immunity has been waived. In any application to the Court under this paragraph, the allegedly

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privileged document may, as appropriate, be disclosed for in camera inspection by the Court, but

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pending the Court's ruling, may not otherwise be used. If the Court does not grant the application,

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then the privileged document(s) shall be returned or destroyed as provided herein.
9.

Inadvertent or Unauthorized Disclosure

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9.1

If a receiving Party discloses Protected Material, through inadvertence, to any

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person not authorized under this Protective Order to receive that information, then the receiving

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Party shall immediately notify in writing the Party or third-party who designated the materials as

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Protected Materials and use its best efforts to retrieve immediately all copies of such Protected

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Material and to bind the person to whom the material was improperly disclosed to the terms of

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this Protective Order.

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9.2

In such event, the receiving Party shall also (a) promptly inform such person of all

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the provisions of this Protective Order; (b) identify such person immediately to the remaining

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Parties or producing third-party; and (c) provide such person a copy of this Protective Order.

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Upon such receipt of a copy of this Protective Order, any such person shall be subject to its

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provisions.

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9.3

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The foregoing shall not relieve a Party of liability, if any, for disclosing Protected

Material in violation of this Protective Order.

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10.

Return/Destruction of Confidential Material After this Action Ends

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10.1

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

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binding, except with respect to those documents and information that become a matter of public

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record. This Court retains and shall have continuing jurisdiction over the Parties and recipients of

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the HIGHLY CONFIDENTIAL-AEO or CONFIDENTIAL Discovery for enforcement of the

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provisions of this Order following termination of this Action.
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10.2

At such time any expert or consultant for a Party is no longer anticipated to

conduct any additional work for that Party in the Action or at the time set forth in Paragraph 10.3,

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whichever comes first, all Protected Materials provided by a Party to an expert or consultant shall

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be recovered from the expert or consultant by the attorney for that Party and such expert or

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consultant shall be instructed that they may not retain any copy, excerpt, summary or portion of

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the Protected Materials or, in the alternative, the expert or consultant may destroy the items listed

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above. The expert or consultant shall certify in writing that all such Discovery materials have

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been returned or destroyed, as the case may be, and shall include in the certification their

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compliance with this Protective Order..

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10.3

Upon termination of this Action by dismissal, judgment, or settlement, Discovery

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designated HIGHLY CONFIDENTIAL-AEO or CONFIDENTIAL shall, at the request of the

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Supplying Party, be returned to the Supplying Party within sixty (60) days, or, at the option of the

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Supplying Party or third-party, destroyed in that time frame. Upon request, each receiving Party

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or third-party shall provide the Supplying Party with a letter certifying that all Protected Material

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required to be returned or destroyed pursuant to the provisions of this Protective Order has been

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returned or destroyed. Nothing contained herein shall prevent counsel appearing for each Party in

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this Action from maintaining a complete file (including drafts) of each propounded discovery

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request with its corresponding response, all pleadings, affidavits, motions, briefs, notes,

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memoranda, email, correspondence, and other documents or electronically stored information

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constituting work product that were internally generated based upon or which include HIGHLY

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CONFIDENTIAL-AEO or CONFIDENTIAL Discovery, and all deposition transcripts together

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with the exhibits marked at the deposition, deposition video or audio tapes, hearing transcripts,

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and trial transcripts, provided that such outside counsel takes appropriate steps to prevent the

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disclosure of Protected Material contrary to the terms of this Order. In the event that outside

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counsel maintains such documents or electronically stored information, it shall not disclose

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material containing any type of HIGHLY CONFIDENTIAL-AEO or CONFIDENTIAL

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Discovery to another party or client absent subpoena or court order. Upon receipt of any

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subpoena for HIGHLY CONFIDENTIAL-AEO or CONFIDENTIAL Discovery, the Party
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receiving the subpoena shall immediately notify outside counsel for the Supplying Party of the

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subpoena so that the latter may protect its interests. In the event that Discovery materials are

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returned to or destroyed at the request of the producing Party or third-party, the other Party or its

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outside counsel shall certify in writing that all such Discovery materials have been returned or

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destroyed, as the case may be, and shall include in the certification their compliance with this

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Protective Order.

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11.

Enforcement of this Order

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11.1

In the event anyone shall violate or threaten to violate the terms of this Protective

Order, any Party may immediately apply to obtain injunctive relief against any such person. This

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shall not be construed as limiting a Party's right to seek other remedies, including damages, if

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

BROWNSTEIN HYATT FARBER SCHRECK, LLP

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any, in the event of a violation.

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11.2

This Order shall be binding upon the Parties and their attorneys, successors,

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executors, personal representatives, administrators, heirs, legal representatives, assigns,

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subsidiaries, divisions, employees, agents, independent contractors, or other persons or

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organizations over which they have control.

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11.3

This Court shall retain jurisdiction over the Parties and the subject matter of this

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Order for the purpose of enforcing its terms.

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DATED this 7th day of October, 2016

DATED this 7th day of October, 2016

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GIBBS GIDEN LOCHER TURNER SENET
& WITTBRODT LLP

BROWNSTEIN HYATT FARBER
SCHRECK, LLP

By: /s/ Timothy P. Elson
RICHARD E. HASKIN
Nevada Bar No. 11592
TIMOTHY P. ELSON
Nevada Bar No. 11559
1140 N. Town Center Drive
Suite 300
Las Vegas, Nevada 89144-0596

By: /s/ Mitchell J. Langberg
MITCHELL J. LANGBERG
Nevada Bar No. 10118
KIRK LENHARD
Nevada Bar No. 1437
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106

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Attorneys For Defendants,
APRIL OLSON, and ROTHSTEIN
DONATELLI, HUGHES, DAHLSTROM,
SCHOENBURG & BIENVENU, LLP

Attorney for Plaintiff
JENNIFER TURNER

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ORDER
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the foregoing
Stipulated Protective Order is APPROVED.

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IT IS SO ORDERED.

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DATED this _______ day of ________________, 2016.
__

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________________________________________
_______________

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UNITED STATES DISTRICT JUDGE

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Respectfully submitted by:

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

BROWNSTEIN HYATT FARBER SCHRECK, LLP

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BROWNSTEIN HYATT FARBER SCHRECK, LLP

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By: /s/ Mitchell J. Langberg
KIRK B. LENHARD (Nevada Bar No. 1437)
[e-mail]
MITCHELL J. LANGBERG, ESQ. (Nevada Bar No. 10118)
[e-mail]
BROWNSTEIN HYATT FARBER SCHRECK, LLP
100 North City Parkway, Suite 1600
Las Vegas, Nevada 89106-4614
Telephone: [phone]
Facsimile: [phone]

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1

EXHIBIT A

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JENNIFER TURNER, an individual
residing in the State of Nevada,
Plaintiff,

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UNDERTAKING PURSUANT TO
PROTECTIVE ORDER

v.
APRIL OLSON, an individual residing in
the State of Arizona; and ROTHSTEIN,
DONATELLI, HUGHES, DAHLSTROM,
SCHOENBURG & BIENVENU, LLP, a
New Mexico limited liability partnership,
Defendants.

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

BROWNSTEIN HYATT FARBER SCHRECK, LLP

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CASE NO.: 2:15-cv-01172-RFB-PAL

1.

I have received a copy of the Protective Order (the “Protective Order”) entered by

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the United States District Court for the District of Nevada (the “Court”) in the above-referenced

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action on October _______ 2016. I have carefully read and understand all of the provisions of the

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Protective Order.

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2.

I agree to be bound by all of the provisions of the Protective Order, I will hold in

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confidence, will not disclose to anyone other than those persons specifically authorized by the

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Protective Order, and will not copy or use except for purposes of this action, any information

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designated as “HIGHLY CONFIDENTIAL-AEO” or “CONFIDENTIAL” which I receive in this

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action. I further agree not to reveal CONFIDENTIAL and/or HIGHLY CONFIDENTIAL-AEO

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Discovery under this Protective Order, including my copies or notes relating to such Discovery,

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to anyone other than another person authorized to have access to such information according to

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Paragraphs 4.2 and 4.3 of the Protective Order.

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3.

I understand a violation of the Protective Order may be punishable by contempt of

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Court, and I hereby consent to the jurisdiction of the Court for the purpose of enforcing the terms

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and restrictions of the Protective Order.

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Executed on_________________

By:______________________

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CERTIFICATE OF SERVICE

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Pursuant to Fed.R.Civ.P.5(b), and Section IV of District of Nevada Electronic Filing

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Procedures, I certify that I am an employee of Brownstein Hyatt Farber Schreck, LLP, and that a

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true and correct copy of the STIPULATED PROTECTIVE ORDER REGARDING

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CONFIDENTIAL INFORMATION AND INADVERTENT DISCLOSURE was served via

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electronic service, via CM/ECF, on this 7th day of October, 2016, and to the address(es) shown

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below:

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Richard E. Haskin, Esq.
Timothy P. Elson, Esq.
Gibbs Giden Locher Turner Senet
& Wittbrodt LLP
7450 Arroyo Crossing Parkway, Suite 270
Las Vegas, Nevada 89113-4059
[phone] – Telephone
[phone] - Facsimile
E-mail: [e-mail]
E-mail: [e-mail]

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100 North City Parkway, Suite 1600
Las Vegas, NV 89106-4614
702.382.2101

BROWNSTEIN HYATT FARBER SCHRECK, LLP

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Attorney for Plaintiff,
JENNIFER TURNER

DATED this 7th day of October, 2016
/s/ Mitchell J. Langberg
Employee of Brownstein Hyatt Farber Schreck, LLP

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