Skinner v. Geico Casualty Insurance Company

Filing 29

ORDER Granting 28 Stipulated Confidentiality Agreement and Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 3/20/17. (Copies have been distributed pursuant to the NEF - ADR)

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Case 2:16-cv-00078-APG-NJK Document 28 Filed 03/17/17 Page 1 of 6 1 ROBERT W. FREEMAN, ESQ. Nevada Bar No. 03062 2 Email: PRISCILLA L. O’BRIANT, ESQ. 3 Nevada Bar No. 010171 Email: 4 LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 5 Las Vegas, Nevada 89118 702.893.3383 6 FAX: 702.893.3789 Attorneys for Defendant 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA, SOUTHERN DIVISION 10 11 MARISSA SKINNER, individually, 12 13 Plaintiff, vs. 14 GEICO CASUALTY INSURANCE COMPANY, individually; and DOES I 15 through X; and ROE CORPORATIONS I through X, inclusive, 16 Defendants. 17 18 CASE NO.: 2:16-cv-00078-APG-NJK STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER It appearing to the Court that the Plaintiff MARISSA SKINNER (“Plaintiff”) and 19 Defendant GEICO CASUALTY COMPANY (incorrectly sued as GEICO CASUALTY 20 INSURANCE COMPANY, hereinafter (“GEICO”) are in agreement that GEICO possesses 21 proprietary policies and procedures that include confidential information that may be 22 subject to discovery in the proceedings in this matter but which should not be made 23 available to the public generally, this Court hereby orders that: 24 1. This Confidentiality Agreement and Protective Order shall govern certain 25 discovery and document production among the parties, as well as discovery and 26 document production from third parties, in the above-referenced action. 27 LEWIS 2. 28 term "Confidential Information" shall refer to: (1) information which any party or non-party BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW For purposes of this Confidentiality Agreement and Protective Order, the 4831-7637-9696.1 Case 2:16-cv-00078-APG-NJK Document 28 Filed 03/17/17 Page 2 of 6 1 believes in good faith to be a trade secret or confidential research, development, 2 commercial, or other proprietary business information within the meaning of NRCP Fed. R. Civ. P. 26(c)(1)(G) 3 26(c)(7); and (2) documents and/or testimony that may reveal confidential, proprietary, 4 personal, or commercially sensitive information. Such Confidential Information may be 5 contained in any written, printed, recorded, or graphic matter of any kind and shall retain 6 its confidential designation regardless of the medium on which it is produced, reproduced, 7 or stored. Such Confidential Information may also be elicited at deposition or through 8 written discovery. 9 3. Whenever any party or non-party desires to designate information 10 contained in a document as Confidential Information, the designating party shall mark 11 each page of the document with the word "CONFIDENTIAL" and identify such 12 Confidential Information at the time of production. Confidential Information may be used 13 in the course of depositions in accordance with this Confidentiality Order. 14 4. If any Party disagrees with the designation of materials marked 15 “Confidential,” the objecting Party shall within five (5) days of receipt of the materials, 16 provide written notice of the disagreement to GEICO, requesting a meeting to confer with 17 counsel for GEICO to resolve the dispute over the “Confidential” designation. If the 18 dispute over the designation is not resolved informally between the parties, GEICO will 19 file a motion with the Court to resolve the dispute regarding the “Confidential” 20 designation. GEICO will have 30 days from the date in which the parties meet and confer 21 regarding the dispute over the designation, in which to file a motion with the court 22 regarding the designation. In any event, unless and until a Court ruling is obtained 23 changing a designation, or the Party designating the materials as “Confidential” agrees 24 otherwise in writing, the material involved shall be treated according to the existing 25 “Confidential” designation. 26 5. Transcripts or exhibits from any deposition or hearing shall be temporarily 27 designated as “Confidential” and be treated as subject to the terms of this Stipulation. LEWIS 28 Within forty-five (45) days of receipt of such transcripts and exhibits, Counsel will BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4831-7637-9696.1 2 Case 2:16-cv-00078-APG-NJK Document 28 Filed 03/17/17 Page 3 of 6 1 designate the pages of the transcripts or exhibits which shall remain designated as 2 “Confidential” and will advise all other parties. If no designation is made within forty-five 3 (45) days, the entire transcript and all exhibits will be deemed not confidential. 4 6. All documents produced or information disclosed and any other records 5 designated as “confidential” by GEICO shall be revealed only to: 6 a) Plaintiff; 7 b) Plaintiff’s counsel of record in this case; 8 c) Defendant; 9 d) Defendant’s counsel of record in this case; 10 e) Paralegals and secretarial employees under counsels’ direct 11 supervision; 12 f) Outside photocopying, translating, document management, and 13 exhibit preparation services engaged by a party for purposes of this 14 litigation; 15 g) 16 Persons employed by counsel to act as consultants or experts in this action; 17 h) 18 Any other person GEICO agrees in writing may be shown such documents; and 19 i) The Court and court personnel, stenographic reporters, and 20 videographers at depositions taken in this action and any jury 21 empanelled in this action, subject to the protections of this Order and 22 to any order the Court subsequently enters to preserve the 23 confidentiality of documents used at trial. 24 7. The information considered as "Confidential" and disclosed only in accord 25 with the terms of this agreement shall include, without limitation, any claims manual, 26 training materials, and any other information or documentation supplied by GEICO and 27 designated as “Confidential.” LEWIS 28 / / / BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4831-7637-9696.1 3 Case 2:16-cv-00078-APG-NJK Document 28 Filed 03/17/17 Page 4 of 6 1 8. Documents deemed confidential by GEICO shall be used only for the 2 purposes of prosecuting or defending this action. Under no circumstances shall 3 information or materials covered by this Protective Order be disclosed to or discussed 4 with anyone other than the individuals designated in Paragraph 6. 5 9. Prior to disclosure of any documents designated as "confidential" to any 6 individual who is not a signator to this Agreement, counsel shall require such individual to 7 read this Protective Order and sign the Agreement which is attached hereto as Exhibit A 8 and shall provide a copy of the signed Agreement to counsel for GEICO. 9 10. Prior to submitting any filing which attaches or contains language from See order issued designated as "confidential,” Plaintiff must confer with GEICO regarding 10 documents concurrently herewith 11 submitted the filing under seal. At GEICO’s discretion, Plaintiff will file the pleading under 12 seal and GEICO will contemporaneously file a motion for leave to file the documents 13 under seal, consistent with the court’s electronic filing procedures in accordance with 14 Local Rule 10-5(b). Notwithstanding any agreements among the parties, GEICO bears 15 the burden of overcoming the presumption in favor of public access to papers filed in 16 court. Kamakana v. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006); Pintos v. 17 Pac. Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2010). 18 11. This Order is subject to revocation and modification by Order of the Court 19 upon written stipulation of the parties or upon motion and reasonable notice, including 20 opportunity for hearing and presentation of evidence. 21 12. If any Party believes that it is not bound by this Order respecting documents 22 designated “Confidential,” it shall give notice to counsel for GEICO at least 30 days 23 before the Party uses or discloses such documents in a manner prohibited by this Order, 24 to enable GEICO to contest the intended use through a motion to the Court. 25 13. Within 30 days of the final termination of this case, all documents and 26 information subject to this Order, including any copies or extracts or summaries thereof, 27 or documents containing information taken therefrom, shall be returned to counsel for LEWIS 28 GEICO upon request of GEICO or its attorneys. In the alternative, within 30 days of the BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4831-7637-9696.1 4 Case 2:16-cv-00078-APG-NJK Document 28 Filed 03/17/17 Page 5 of 6 1 final termination of this case, all such documents, including copies or extracts or 2 summaries thereof, may be shredded or disposed of in a manner to ensure the 3 destruction thereof and a declaration certifying such destruction or disposal provided to 4 GEICO. 5 14. In any action or proceeding to enforce this Stipulated Protective Order, or 6 pursuant to paragraph 12, the prevailing party shall be entitled to recover its reasonable 7 attorneys’ fees and costs, without limiting any other relief that may be available. 8 15. This Order shall remain in effect after the conclusion of this case and the 9 Court shall retain jurisdiction to enforce its terms and to prevent or punish violations of it. 10 11 DATED this 17th day of March, 2017. DATED this 17th day of March, 2017. LEWIS BRISBOIS BISGAARD & SMITH CLARK MCCOURT /s/ Priscilla L. O’Briant ROBERT W. FREEMAN, ESQ. Nevada Bar No. 03062 PRISCILLA L. O’BRIANT, ESQ. Nevada Bar No. 010171 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 Attorneys for Defendant /s/ Lukas B. McCourt BRIAN P. CLARK, ESQ. Nevada Bar No. 04236 LUKAS B. MCCOURT, ESQ. Nevada Bar No. 11839 7371 Prairie Falcon Road, Ste. 120 Las Vegas, NV 89128 Attorneys for Plaintiff 12 13 14 15 16 17 18 19 20 ORDER IT IS SO ORDERED: 21 22 March 20 Dated this _____ day of _____________, 2017. 23 24 __________________________________________ UNITED STATES DISTRICT JUDGE UNITED STATES MAGISTRATE JUDGE 25 26 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4831-7637-9696.1 5 Case 2:16-cv-00078-APG-NJK Document 28 Filed 03/17/17 Page 6 of 6 1 EXHIBIT A 2 ACKNOWLEDGMENT OF RECEIPT AND AGREEMENT TO COMPLY WITH STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER 3 4 5 The undersigned hereby acknowledges that he/she has been provided with a copy 6 of the parties’ STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE 7 ORDER in the lawsuit captioned Marissa Skinner vs. GEICO Casualty Insurance 8 Company (United States District Court, District of Nevada Case No. 2:16-cv-00078-APG9 NJK). The undersigned agrees to be bound by the terms of the referenced Stipulated 10 Confidentiality Agreement and Protective Order in the same manner as Plaintiff, 11 Defendant, and their attorneys. 12 DATED this ____ day of ________________, 2017. 13 14 By: 15 16 ________________________ 17 Name (Printed) 18 19 ________________________ Street Address 20 21 ________________________ City State Zip 22 23 ________________________ 24 Occupation of Business 25 26 27 LEWIS 28 BRISBOIS BISGAARD & SMITH LLP ATTORNEYS AT LAW 4831-7637-9696.1 6 __________________________ Litigation Participant - Signature

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