Eva Perez v. Station Casinos LLC et al

Filing 47

ORDER Granting 44 Stipulation for Protective Order Regarding Confidential Information as amended on p. 5. Signed by Magistrate Judge Nancy J. Koppe on 2/2/17. (Copies have been distributed pursuant to the NEF - MR)

Download PDF
Case 2:15-cv-01553-JAD-NJK Document 44 Filed 02/01/17 Page 1 of 10 1 2 3 4 5 6 7 8 9 CAMPBELL & WILLIAMS J. COLBY WILLIAMS, ESQ. (5549) jcw@cwlawlv.com PHILIP R. ERWIN, ESQ. (11563) pre@cwlawlv.com SAMUEL R. MIRKOVICH, ESQ. (11662) srm@cwlawlv.com 700 South Seventh Street Las Vegas, Nevada 89101 Telephone: (702) 382-5222 Facsimile: (702) 382-0540 Attorneys for Defendants Station Casinos, LLC and NP Texas, LLC 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 14 15 16 17 18 19 20 EVA PEREZ, an individual, ) ) Plaintiff, ) ) vs. ) ) STATION CASINOS, LLC, a Nevada limited ) liability company; NP TEXAS, LLC a Nevada ) limited liability company; PAUL NELSON, an ) individual; NELSON ROMANO, an individual, ) ) Defendants. ) _________________________________________ ) Case No.: 2:15-cv-01553-JAD-NJK [PROPOSED] PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION as amended on p. 5 21 WHEREAS Plaintiff Eva Perez and Defendant Station Casinos, LLC and NP Texas, LLC 22 recognize that certain information related to the subject matter of this action is sensitive and 23 confidential. 24 confidential, private and other non-public information including but not limited to personnel files, 25 personal health information and proprietary business information. 26 information is non-public and subject to protection by statute and/or common law, the Parties 27 stipulate and agree to the following Protective Order: 28 More specifically, discovery in this employment dispute will encompass Because this type of This Protective Order does not and will not govern any trial proceedings in this action but -1- Case 2:15-cv-01553-JAD-NJK Document 44 Filed 02/01/17 Page 2 of 10 1 is instead entered solely for the purpose of facilitating the exchange of documents and information 2 among the parties to this action without involving the Court unnecessarily in the process. Nothing 3 in this Protective Order, nor the production of any information or document under the terms of this 4 Protective Order, nor any proceedings pursuant to this Protective Order shall be deemed to be a 5 waiver of any rights or objections to challenge the authenticity or admissibility of any document, 6 testimony or other evidence at trial. Additionally, this Protective Order will not prejudice the right 7 of any party or nonparty to oppose production of any information on the ground of attorney-client 8 privilege; work product doctrine or any other privilege or protection provided under the law. 9 Definitions. 10 1. “Material” shall mean all documents, materials, testimony, items, and/or other 11 information regardless of the medium or manner generated, stored, or maintained that are 12 produced or generated in disclosures or discovery either by a party or by a non-party. The 13 protections conferred by this Protective Order cover not only Material designated as 14 “Confidential” as described below but also any Material copied or extracted therefrom, as well as 15 all copies, excerpts, summaries, or compilations thereof, plus testimony or presentations by parties 16 or counsel that might reveal Confidential Material. 17 18 2. 3. “Producing Party” shall mean a party or non-party that produces Material in this Party. 19 20 “Receiving Party” shall mean a party that receives Material from a Producing Action. 21 Designation of Materials. 22 4. Any party or non-party may designate as “Confidential” any Material that such 23 party or non-party in good faith believes contains confidential or proprietary technical, scientific, 24 financial, business, health, medical, investigatory or personal information, including any copy or 25 other reproductions, excerpts, summaries, abstracts, or other documents that paraphrase, quote, or 26 contain Confidential Information. Each Producing Party that designates information or items for 27 protection under this Protective Order must take care to limit any such designation to specific 28 material that qualifies under the appropriate standards. Indiscriminate designations are prohibited. -2- Case 2:15-cv-01553-JAD-NJK Document 44 Filed 02/01/17 Page 3 of 10 1 5. A Producing Party may designate Material it produced as Confidential by notation 2 on the document on each page that contains Confidential. If only a portion or portions of the 3 Material on a page qualifies for protection, the Producing Party also must clearly identify the 4 protected portion(s). 5 6. A Receiving Party or non-party may designate Material produced by another party 6 or non-party as Confidential by written notice to all parties and/or the producing non-party of such 7 designation. After any such designation, such Material shall be fully subject to this Protective 8 Order and treated thereafter according to the terms of this Protective Order as Confidential 9 Material. 10 7. A party or third party may designate information disclosed during a deposition as 11 Confidential by so indicating on the record at the deposition. A party or third party may also 12 designate such information as Confidential in writing, within thirty (30) days of the receipt of the 13 transcript (“the designation period”), that specific pages of the transcript be treated as 14 Confidential. 15 16 Until the designation period has elapsed for a given deposition transcript, all information contained or incorporated in that transcript shall be treated as Confidential information. 17 When information contained or incorporated in a deposition transcript is designated as 18 Confidential, the party making the designation shall make arrangements with the court reporter to 19 label the relevant pages Confidential. 20 8. The inadvertent failure to designate Material as Confidential shall not be deemed, 21 by itself, to be a waiver of the right to so designate the Material and may be remedied by 22 supplemental written notice within a reasonable time after such failure to designate is known. If 23 such notice is given, all Material so designated shall be fully subject to this Protective Order as if 24 it had been initially designated as Confidential. After any designation is made in accordance with 25 this paragraph, counsel for all parties shall be responsible for marking all previously unmarked 26 copies of the designated Material within their possession or control as Confidential. Disclosure of 27 Material to any other person prior to a later designation of the Material as Confidential in 28 accordance with this Section shall not violate the terms of this Protective Order. However, -3- Case 2:15-cv-01553-JAD-NJK Document 44 Filed 02/01/17 Page 4 of 10 1 immediately upon being notified of an inadvertent failure to designate, counsel for the parties 2 and/or non-parties shall upon discovery of the inadvertent disclosure cooperate to restore the 3 confidentiality of the Material that was inadvertently disclosed. 4 Access to Protected Materials. 5 9. 6 Material designated as Confidential shall not be furnished, shown, or disclosed to any person or entity except to: 7 a.   A party, or officers, directors, and employees of a party deemed necessary by 8 counsel to aid in this action; 9 b.   Counsel for a party (including in-house attorneys, outside attorneys, and legal 10 assistants, clerical personnel, and paralegals employed by such counsel); 11 c.   Court personnel, stenographic reporters, and litigation support vendors engaged 12 in activities incidental to discovery or preparation for trial; 13 d.   Expert witnesses or consultants retained by the parties or their counsel to 14 furnish technical or expert services in connection with this Action or to give 15 testimony with respect to the subject matter of this Action at the trial of this 16 Action or other proceeding herein, provided that such an expert or consultant is 17 not a current employee of a direct competitor of any party named in this action; 18 e.   Trial and deposition witnesses; 19 f.   Any other person as to whom the parties in writing agree or that the Court in 20 21 these proceedings designate. 10. Each person described in Paragraphs 9(d)-(f) above to whom Confidential 22 Materials are furnished, shown, or disclosed shall be required to execute a copy of the 23 “Acknowledgement” attached as Exhibit A. The persons shall agree in writing to be bound by the 24 terms of this Protective Order by executing a copy of Exhibit A (which shall be maintained by the 25 counsel of record for the party seeking to reveal the Confidential Information) in advance of being 26 shown the Confidential Materials. No party (or its counsel) shall discourage any persons from 27 signing a copy of Exhibit A. If a person refuses to execute a copy of Exhibit A, the party seeking 28 to reveal the Confidential Materials shall seek an order from the Court directing that the person be -4- Case 2:15-cv-01553-JAD-NJK Document 44 Filed 02/01/17 Page 5 of 10 1 bound by this Protective Order. In the event of the filing of such a motion, Confidential Materials 2 may not be disclosed to such person until the Court resolves the issue. Proof of each written 3 agreement provided for under this Section shall be maintained by each of the parties while this 4 action is pending and disclosed to the other parties upon good cause shown and upon order of the 5 Court. 6 11. All persons described in Paragraph 9 shall be bound by the terms of this Protective 7 Order, and shall not permit disclosure of the Confidential Material afforded protection, other than 8 pursuant to this Protective Order. All persons to whom Confidential Material is disclosed are 9 hereby enjoined from disclosing same to any other person except as provided in this Protective 10 Order, and are further enjoined from using same except in the preparation for and trial of this 11 Action. 12 Use of Confidential Information. 13 See order issued pages or parts herewith. 12. All concurrently of court papers, discovery responses, production documents or 14 things, or deposition transcripts filed with the Court in this Action which have been designated as 15 containing Confidential Material, or any court papers purporting to reproduce or paraphrase such 16 Confidential Material, shall comply with the provisions of Local Rule 10-5. 17 13. If any Material designated to be Confidential pursuant to this Protective Order is 18 used during the course of a deposition herein, that portion of the deposition record reflecting such 19 Confidential Material shall be sealed and stamped as described herein, and access thereto shall be 20 limited pursuant to the other terms of this Protective Order. 21 14. The designation of any Material as Confidential under this Protective Order may be 22 challenged by any other party by first writing a letter to the attorney of record of the party who 23 designated such Material as Confidential within thirty (30) days of the date such Material was 24 designated, specifically identifying the Material so challenged. The parties shall then attempt in 25 good faith to resolve any disputes regarding the designated Material. If the parties are unable to 26 resolve their dispute, following a good faith effort to do so, the challenging party may then move 27 for a Court order vacating the designation within ten (10) business days from the date of the 28 unsuccessful meet and confer session. This Protective Order will not affect the burden of proof on -5- Case 2:15-cv-01553-JAD-NJK Document 44 Filed 02/01/17 Page 6 of 10 1 any such motion, or impose any burdens upon any party that would not exist had the Protective 2 Order not been entered; as a general matter, the burden shall be on the person making the 3 designation to establish the propriety of the designation. Any contested Material shall be treated 4 as Confidential until such time as the challenger’s motion has been ruled upon. 5 Other Provisions. 6 15. A party’s compliance with the terms of this Protective Order shall not operate as an 7 admission that any particular testimony, document, or other Material provided or produced by any 8 other party or non-party is or is not (a) confidential or (b) privileged. The inadvertent production 9 or disclosure of any documents or other Material protected by the attorney-client privilege, the 10 attorney work product doctrine, a joint defense privilege, or any other applicable privilege shall 11 not constitute, or be considered as a factor suggesting, a waiver of or estoppel as to any claim of 12 privilege, protection or immunity as to the specific Material disclosed or any other Material 13 relating thereto or on the same or related subject matter. 14 Consistent with Federal Rule of Civil Procedure 26(b)(5)(B), in the event of inadvertent 15 production or disclosure of any Material that the Producing Party believes is subject to a claim of 16 privilege or protection, the Producing Party may provide written notice that privileged or protected 17 Material has been inadvertently produced or disclosed. Within five (5) business days of receipt of 18 such notice, any individual or entity that has received such privileged Material shall destroy or 19 return to the Producing Party all such privileged or protected Material and all copies thereof, 20 including any other document or Materials solely derived from the inadvertently produced or 21 disclosed Material, in its possession, custody or control and shall certify in writing that it has done 22 so. The parties recognize that this protection may be stricter than that provided for under Federal 23 Rule of Civil Procedure 26(b)(5)(B) and Federal Rule of Evidence 502(b). After the inadvertently 24 produced Material is destroyed or returned pursuant to this Section, a party may move the Court 25 for an order compelling production of the inadvertently produced Material, but said party may not 26 assert as a ground for compelling production the fact or circumstance that the inadvertently 27 produced Material had already been produced. 28 16. If a party is served with a subpoena or an order issued in other proceedings that -6- Case 2:15-cv-01553-JAD-NJK Document 44 Filed 02/01/17 Page 7 of 10 1 would compel disclosure of any Material designated as Confidential by any other party or non- 2 party in this Action, the Receiving Party must so notify the designating party or non-party in 3 writing immediately and no later than seven (7) days prior to the date upon which disclosure is 4 required. Such notification must include a copy of the subpoena or court order. The Receiving 5 Party also must immediately inform in writing the party who caused the subpoena or order to issue 6 in the other litigation that some or all the Material covered by the subpoena or order is the subject 7 of this Protective Order. In addition, the Receiving Party must deliver a copy of this Protective 8 Order promptly to the party in the other action that caused the subpoena or order to issue. The 9 purpose of imposing these duties is to alert the interested parties to the existence of this Protective 10 Order and to afford the party who designated the Material as Confidential in this case an 11 opportunity to try to protect its confidentiality interests in the court from which the subpoena or 12 order issued. The party who designated the Material as Confidential shall bear the burdens and the 13 expenses of seeking protection in that court of its confidential Material, and nothing in these 14 provisions should be construed as authorizing or encouraging a Receiving Party in this Action to 15 disobey a lawful directive from another court. 16 17 18 17. Nothing in this Protective Order shall preclude any party from seeking judicial relief, upon proper notice, with regard to any provision hereof. 18. Nothing in this Protective Order shall bar or otherwise restrict any counsel from 19 rendering advice to his or her client with respect to this litigation and, in the course thereof, 20 referring to or relying generally upon his or her examination of Confidential Materials, provided 21 that in rendering such advice and in otherwise communicating with his or her client, the counsel 22 shall not disclose the content or the source of any Confidential information contrary to the terms 23 of this Protective Order. Nothing in this Protective Order shall govern or restrict a Producing 24 Party’s use of its own Confidential Materials in any way. 25 26 27 28 19. This Protective Order may be signed in counterparts, and a facsimile or “PDF” signature shall have the same force and effect as an original ink signature. 20. Within ninety (90) calendar days after the later of the final disposition of this action, all Confidential information produced by an opposing party or non-party (including, -7- Case 2:15-cv-01553-JAD-NJK Document 44 Filed 02/01/17 Page 8 of 10 1 without limitation, any copies, extracts or summaries thereof) as part of discovery in this action 2 shall be destroyed by the parties to whom the Confidential information was produced and each 3 counsel shall, by declaration delivered to all counsel for the Producing Party, affirm that all such 4 Confidential information (including, without limitation, any copies, extracts or summaries thereof) 5 has been destroyed; provided, however, that each counsel shall be entitled to retain pleadings, 6 motions and memoranda in support thereof, declarations or affidavits, deposition transcripts and 7 videotapes, or documents reflecting attorney work product or consultant or expert work product, 8 even if such material contains or refers to Confidential information, but only to the extent 9 necessary to preserve a litigation file with respect to this action. 10 11 12 13 14 21. The provisions of this Protective Order shall, absent further order of the Court, continue to be binding throughout and after the conclusion of this Action. 22. This Protective Order shall be effective upon execution, and the parties agree to comply with and abide by its terms prior to the Court’s approval. 25. The restrictions set forth in this Protective Order shall not be construed to apply to 15 any information or materials that: 16 (a)   Were lawfully in the Receiving Party's possession prior to such 17 information being designated as Confidential in this action, and that the Receiving Party is not 18 otherwise obligated to treat as confidential; 19 (b)   Were obtained without any benefit or use of Confidential Material from a 20 third party having the right to disclose such information to the Receiving Party without restriction 21 or obligation of confidentiality; 22 23 24 25 (c)   Were independently developed after the time of disclosure by persons who did not have access to the Producing Party's Confidential Material; (d)   Have been or become part of the public domain by publication or otherwise and not due to any unauthorized act or omission on the part of a Receiving Party; or 26 27 28 -8- Case 2:15-cv-01553-JAD-NJK Document 44 Filed 02/01/17 Page 9 of 10 1 Under law, have been declared to be in the public domain. 2 IT IS SO AGREED AND STIPULATED: 3 DATED this 1st day of February, 2017. DATED this 1st day of February, 2017. 5 LAW OFFICES OF STEVEN J. PARSONS CAMPBELL & WILLIAMS 6 By /s/ Andrew L. Rempfer STEVEN J. PARSONS (363) ANDREW L. REMPFER (8628) JOSEPH N. MOTT (12455) 10091 Park Run Dr., Ste. #200 Las Vegas, NV 89145 By /s/ J. Colby Williams J. COLBY WILLIAMS, ESQ. (5549) PHILIP R. ERWIN, ESQ. (11563) SAMUEL R. MIRKOVICH, ESQ. (11662) 700 South Seventh Street Las Vegas, Nevada 89101 4 7 8 9 10 11 Attorneys for Plaintiff Eva Perez Attorneys for Defendants Station Casinos LLC and NP Texas LLC 12 13 14 15 16 17 18 IT IS SO ORDERED: ________________________________ UNITED STATES DISTRICT UNITED STATES MAGISTRATE JUDGE [MAGISTRATE] JUDGE February 2, 2017 DATED:_________________________ 19 20 21 22 23 24 25 26 27 28 -9- Case 2:15-cv-01553-JAD-NJK Document 44 Filed 02/01/17 Page 10 of 10 1 EXHIBIT A 2 CONFIDENTIALITY AGREEMENT 3 4 5 I, ______________________________ do hereby acknowledge and agree, under penalty of perjury, as follows: 1. I have read the Protective Order for Confidential Information ("the Protective 6 Order") entered in Perez v. Station Casinos, LLC, et al., Case No. 2:15-cv-01553-JAD-NJK on 7 November ___, 2015, and I fully understand its contents. 8 2. I hereby agree and consent to be bound by the terms of the Protective Order and to 9 comply with it in all respects, and to that end, I hereby knowingly and voluntarily submit and 10 subject myself to the personal jurisdiction of the United States District Court for the District of 11 Nevada so that the said court shall have the power and authority to enforce the Protective Order 12 and to impose appropriate sanctions upon me for knowingly violating the Protective Order, 13 including punishment for contempt of court for a knowing violation of the Protective Order. 14 3. I understand that by signing this instrument, I will be eligible to receive 15 "Confidential Information" under the terms and conditions of the Protective Order. I further 16 understand and agree that I must treat any "Confidential Information" in accordance with the terms 17 and conditions of the Protective Order, and that, if I should knowingly make a disclosure of any 18 such information in a manner unauthorized by the Protective Order, I will have violated a court 19 order, will be in contempt of court, and will be subject to punishment by the court for such 20 conduct. 21 22 23 DATED: __________________, _____. __________________________________ (Signature) 24 25 __________________________________ (Printed Name) 26 27 28 -10-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?