Perez v. Local 872, Laborers International Union of North America

Filing 29

PROTECTIVE ORDER. Signed by Magistrate Judge Carl W. Hoffman on 11/1/2016. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4
5
6

DANIEL G. BOGDEN
United States Attorney
District of Nevada
KRYSTAL J. ROSSE
TROY K. FLAKE
Assistant United States Attorneys
501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702-388-6787
Email: [e-mail]; [e-mail]
Attorneys for the United States.

7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10

THOMAS E. PEREZ, Secretary of Labor,
United States Department of Labor,

11
12
13

)
) Case No. 2:15-cv-01979-GMN-CWH
)
)
) [PROPOSED] PROTECTIVE ORDER
)
)
)
)
)
)

Plaintiff,
v.

14

LOCAL 872, LABORERS
INTERNATIONAL UNION OF NORTH
AMERICA,

15

Defendant.

16

Defendant has indicated that it will take the deposition of non-party Martin Trujillo on

17

November 2, 2016. The parties jointly request entry of this proposed Protective Order to limit the

18

disclosure, dissemination, and use of the stenographic, video, or audio record of Trujillo’s

19

deposition.

20

According to the Complaint, on April 18, 2015, election officials disqualified Trujillo as

21

a candidate for vice president in its April 18, 2015 union officer election, after determining he

22

was not literate and had not established his legal residency status. It is anticipated that Trujillo’s

23

literacy will be examined during the deposition. A concern has arisen among the parties that the

24

transcript or video recording of the deposition may be intentionally publicized to negatively

25

affect Trujillo’s employment, ability to participate in union leadership, and otherwise cause

26

annoyance, embarrassment, oppression, or undue burden to Trujillo or others similarly situated.

27

Good cause exists to enter this order to prevent improper dissemination of the record of

28

Trujillo’s deposition. Accordingly, for good cause shown, pursuant to Fed. R. Civ. P. 26(c) the

1

1

Court hereby enters the following protective order:

2

NOW, THEREFORE, it is hereby ORDERED:

3

1.

4

pursuant to the Federal Rules of Civil Procedure or the District of Nevada Local Rules.

5

2.

6

deposition of Martin Trujillo (the “the Deposition Record”), any copies, excerpts, or

7

reproductions thereof.

8

3.

9

any pleading, hearing, filing, or trial in this case.

Nothing in this Order is intended to affect the rights and duties of the parties

This Order shall apply to the stenographic, video, or audio record of the

The Deposition Record or portions thereof may be used for any proper purpose in

10

4.

11

prepare for trial, or otherwise conduct litigation in this case.

12

5.

13

court order.

14

6.

15

authorization from the Court.

16

7.

17

to:

The Deposition Record may be used to prepare for and conduct discovery, to

The Deposition Record may be disclosed as required by any law, regulation, or

The Deposition Record shall not be used for any other purpose without prior

Except as permitted by this order, the Deposition Record shall be disclosed only

18

a.

Undersigned Counsel and other retained or in-house counsel for the parties;

19

b.

Outside experts or consultants retained by outside counsel for purposes of

20
21

this litigation;
c.

Secretarial, paralegal, clerical, duplicating, and data processing personnel of

22

the foregoing whose duties and responsibilities require access to the

23

Deposition Record for purposes of conducting this litigation or maintaining

24

records in the ordinary course of business.

25

d.

The court and court personnel;

26

e.

A deponent in this action;

27

f.

Vendors retained by or for the parties to assist in preparing for pretrial

28

discovery, trial and/or hearings including but not limited to court reporters,

2

1

litigation support personnel, jury consultants, individuals to prepare

2

demonstrative and audiovisual aids for use in the courtroom, in depositions,

3

or in mock jury sessions, as well as their staff, stenographic, and clerical

4

employees whose duties and responsibilities require access to such Material;

5

and

6

g.

The parties. In the case of parties that are corporations, agencies, or other

7

entities, “party” means officers, employees, or agents, including officers of

8

the International who are required to participate in decisions with reference

9

to this litigation.

10

8.

In addition to the above, any member or official of the Laborer’s Union Local 872

11

may view the official stenographic record in written form (“the Written

12

Transcript) of the deposition upon the following conditions:

13

a. The member shall request an opportunity from an Union official to

14

view the Written Transcript;

15

b. The member or official shall not make copies, reproductions,

16

photographs, recordings, transcriptions, or any other means of

17

disseminating the content of the Written Transcript.

18

c. Prior to viewing the Written Transcript, the member or official shall

19

sign a “Access Log” including his or her name, each date on which the

20

Written Transcript was viewed, and a certification that he or she is

21

aware that this Court order prohibits dissemination of the Deposition

22

Record;

23

d. The Defendant shall maintain the “Access Log” as part of its business

24

records for no less than 5 years and provide reasonable access for

25

inspection and copying by the United States Attorney’s Office upon

26

Written Request to Defendant’s counsel or business officer.

27

9.

28

disseminated, copied, published, posted, shared, or otherwise disclosed in any manner

Except as permitted by this order, the Deposition Record shall not be

3

1

including electronically, for any other purpose without prior authorization from this Court

2

or as otherwise required by law.

3
4
5
6
7
8
9
10

Dated this 31st day of October 2016.

Dated this 31st day of October 2016.

BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
LAW OFFICES OF KRISTINA L. HILLMAN DANIEL G. BOGDEN
United States Attorney
/s/ Kristina Hillman
KRISTINA HILLMAN, Esq.
Law Offices of Kristina L. Hillman
1594 Mono Avenue
P.O. Box 1987
Minden, Nevada 89423
Attorneys for Defendant.

/s/ Troy K. Flake______
KRYSTAL J. ROSSE
TROY K. FLAKE
Assistant United States Attorneys
OF COUNSEL:
M. PATRICIA SMITH
Solicitor of Labor
CHRISTOPHER B. WILKINSON
Associate Solicitor
CLINTON WOLCOTT
Counsel for Legal Advice
SHIREEN M. McQUADE
Attorney
Attorneys for United States Department of
Labor

11
12
13
14
15
16
17

DATED:

IT IS SO ORDERED:

November 1, 2016

UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE

18
19
20
21
22
23
24
25
26
27
28

4