Lopez v. Clark County Fire Department et al

Filing 51

ORDER Granting 50 Stipulation re Confidentiality Agreement. Signed by Magistrate Judge George Foley, Jr on 7/28/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00218-APG-GWF Document 50 Filed 07/18/16 Page 1 of 6

1 ROBERT W. FREEMAN
Nevada Bar No. 003062
2 DANIELLE C. MILLER
Nevada Bar No. 009127
3 LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
4 Las Vegas, Nevada 89118
702.893.3383
5 FAX: [phone]
Attorneys for Defendants
6 Clark County & Clark County Fire Department
7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9

***

10 PAUL LOPEZ, an individual,
Plaintiff,

11
12

CASE NO. 2:16-cv-0218-APG-GWF
CONFIDENTIALITY AGREEMENT
AND PROTECTIVE ORDER

vs.

13 CLARK COUNTY, ex rel. CLARK COUNTY
FIRE DEPARTMENT, a political subdivision
14 of the State of Nevada; CLARK COUNTY
FIRE DEPARTMENT LOCAL 1908, an
15 employee bargaining unit, a Nevada non-profit
corporation; EMPLOYEE(S) AGENT DOES I
16 through V, inclusive; and ROE ENTITIES I
through V, SUSAN VINCENT, a Nevada
17 Limited Liability Company,
Defendants.

18
19
20

Plaintiff Paul Lopez, by and through his counsel of record Andrew Rempfer, Esq.;

21 Defendant Clark County, ex. rel. Clark County Fire Department, by and through its attorney,
22 Robert W. Freeman, Esq.; and Defendant Susan Vincent d/b/a Dr. Susan Vincent, by and through
23 her attorney, Eric K. Stryker, Esq., hereby agree and stipulate as follows:
24

1.

The parties enter into this Stipulation and Protective Order under Federal Rule of

25 Civil Procedure 26(c) to establish procedures for the handling of documents produced by the
26 parties in response to discovery requests.
27

LEWIS

2.

28 discovery requests as “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER.” The party

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

Any party may designate and mark certain documents produced in response to

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Case 2:16-cv-00218-APG-GWF Document 50 Filed 07/18/16 Page 2 of 6

1 designating such documents shall be referred to as the Designating Party and any party in receipt
2 of such documents shall be referred to as the Receiving Party. Documents so marked may be used
3 only for purposes of this litigation.
4

3.

Except as otherwise ordered by this Court, documents marked “CONFIDENTIAL”

5 or “SUBJECT TO PROTECTIVE ORDER” and the contents of documents so marked may be
6 disclosed only to employees or agents of the following persons:
7

(a)

counsel of record for Plaintiff and Plaintiff;

8

(b)

counsel of record for Defendant Clark County, ex. rel. Clark County Fire

9 Department and Defendant Clark County, ex. rel. Clark County Fire Department;
(c)

10

counsel for Defendant Susan Vincent and Dr. Susan Vincent and Susan

11 Vincent and Dr. Susan Vincent.
12

d/b/a Dr. Susan Vincent and Defendant Susan Vincent d/b/a Dr. Susan Vincent;

13

(d)

the non-technical and clerical staff employed by counsel of record;

14

(e)

interpreters and copying services employed by counsel of record’s employer

15 to the extent reasonably necessary to render professional services in this case;
16

(f)

any private court reporter retained by counsel for depositions in this case;

17

(g)

subject to the terms of paragraph 5, persons retained by counsel to serve as

18 expert witnesses or consultants in this case; and
(h)

19

personnel of the Court, including court reporters, officials and employees of

20 the Clerk of Court, and staff of the presiding United States District Judge and United States
21 Magistrate Judge, to the extent deemed necessary by the Court.
22

4.

If counsel for a Receiving Party determines that it is necessary to disclose any

23 document marked “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER” to any
24 persons other than the individuals included in paragraph 3, that counsel shall set forth the grounds
25 for the disclosure and seek the written consent of counsel for the Designating Party. The
26 Designating Party shall respond to the Receiving Party’s request within seven calendar days unless
27 the Receiving Party agrees to a longer period. If counsel for the Designating Party does not

LEWIS

28 consent, counsel for the Receiving Party and counsel for the Designating Party shall within five

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BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

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1 court days of the Designating Party’s response meet and confer in person or telephonically
2 regarding the issue, during which meeting and conference counsel for the Receiving Party shall
3 specify the reasons why disclosure is necessary. If any agreement is not reached, the Designating
4 Party shall move the Court within the ten calendar days of the meeting and conference for a
5 protective order preventing disclosure. The Receiving Party shall not disclose the document unless
6 the Designating Party has failed to file a motion within the time allowed or the Court has denied
7 the motion.
8

5.

If counsel for the Receiving Party determines that it is necessary to disclose any

9 document marked “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER” to an expert
10 or consultants retained to render professional services in this case, that counsel shall notify counsel
11 for the Designating Party in writing at least seven days before the proposed disclosure with the
12 name of the expert or consultant. The Designating Party shall respond to the Receiving Party’s
13 notification within seven calendar days unless the Receiving Party agrees to a longer period. If
14 counsel for the Designating Party objects, counsel for the Receiving Party and counsel for the
15 Designating Party shall within five court days of the Designating Party’s response meet and confer
16 in person or telephonically regarding the issue. If an agreement is not reached, the Designating
17 Party shall move the court within ten calendar days of the meeting and conference for a protective
18 order preventing disclosure. The Receiving Party shall not disclose the document unless the
19 Designating Party has failed to file a motion within the time allowed or the Court denies the
20 motion.
21

6.

Any party may object to the propriety of the designation of documents as

22 “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER” by objecting and setting forth in
23 writing the grounds for the objection. The Designating Party shall respond to the Receiving
24 Party’s objection within seven calendar days unless the Receiving Party agrees to a longer period.
25 If an agreement is not reached, counsel for the Receiving Party and counsel for the Designating
26 Party shall within five court days of the Designating Party’s response meet and confer in person or
27 telephonically, during which meeting and conference counsel for the Receiving Party shall specify

LEWIS

28 the grounds for objection with respect to each document at issue. If the parties cannot agree, then

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& SMITH LLP
ATTORNEYS AT LAW

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1 the Designating Party will then have ten calendar days after the conference of counsel to file a
2 motion to preserve the confidentiality designation. The burden of proof to demonstrate
3 confidential treatment of any information at all times remain with the Designating Party. The
4 parties shall treat the documents as the subject to this Stipulation and Order unless the Designating
5 Party has failed to file a motion within the time allowed or the Court has denied the motion.
6

7.

Before disclosing any document marked “CONFIDENTIAL” or “SUBJECT TO

7 PROTECTIVE ORDER” to any person identified in paragraph 3, counsel of record for the
8 Receiving Party shall advise that person of the terms of this Stipulation and Protective Order and
9 that he or she is bound by those terms. In addition, before disclosing any document marked
10 “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER” to any person identified in
11 subparagraphs (d), (e), or (f) of paragraph 3, counsel for the Receiving Party shall ensure that the
12 person (1) has read and agrees to the terms of this Protective Order and (2) has acknowledged his
13 or her agreement by signing a copy of the attached Acknowledgment before any such document is
14 disclosed to him or her:
ACKNOWLEDGMENT

15
16

I have read the Stipulation and Protective Order Governing Documents Produced by the

17 Parties in this case. I understand its terms and agree to be bound by the terms of the Protective
18 Order. I understand that my duties under the Protective Order will survive the termination of this
19 case and that failure to comply with its terms may result in the District Court imposing sanctions
20 on me. I consent to personal jurisdiction of the United States District Court for the District of
21 Nevada for the purpose of enforcing the Protective Order.
22

8.

Counsel for each party shall retain copies of the Acknowledgment forms executed

23 by persons authorized for access on behalf of that party until this litigation, including all appeals,
24 concludes. Nothing in this Protective Order restricts the Designation Party’s own disclosure of
25 documents marked “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER.”
26

9.

Any person receiving access to a document marked “CONFIDENTIAL” or

27 “SUBJECT TO PROTECTIVE ORDER” shall maintain the document, any copies of the

LEWIS

28 document, and any information derived from the document in a confidential manner and shall take

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& SMITH LLP
ATTORNEYS AT LAW

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1 steps to avoid disclosure to persons not authorized under this Order to have access to the
2 documents or information.
3

10.

Within thirty days of the conclusion of this litigation, including all appeals, counsel

4 for the Receiving Party shall destroy or send to counsel for the Designating Party all copies of
5 documents marked “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER.”
6

Notwithstanding this paragraph, however, the parties’ attorneys may retain one copy of

7 each document filed with the Court that contains or refers to any of the designated documents.
8 Furthermore, nothing in this paragraph shall be construed to require the parties’ attorneys to
9 disclose any attorney work-product to opposing counsel.
10

11.

In connection with a deposition in this case, a witness or any counsel may indicate

11 that a question or answer refers to the content of a document marked “CONFIDENTIAL” or
12 “SUBJECT TO PROTECTIVE ORDER.” If the indication occurs on the record during the
13 deposition, all persons not authorized to review such documents shall leave the deposition room
14 until completion of the answers referring to the document and the reporter shall mark the transcript
15 of the designated testimony “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER.”
16

12.

If any party wishes to submit into the written record of this case any document

17 marked “CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER” or excerpts from any
18 such document, that party shall seek to submit the document under seal.
19

13.

Papers filed with the Court under seal shall be accompanied by a motion for leave

20 to file those documents under seal addressing the specific reasons for filing these documents under
21 seal pursuant to Kamakana v. City of Cnty. Of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and shall
22 be filed in accordance with the Court’s electronic filing procedures. If papers are filed under seal
23 pursuant to prior Court order, the papers shall bear the following notation on the first page,
24 directly under the case number: “FILED UNDER SEAL PURSUANT TO COURT ORDER
25 DATED ______.” All papers filed under seal will remain sealed until such time as the Court may
26 deny the motion to seal or enter an order to unseal them, or the documents are unsealed pursuant
27 to Local Rule.

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28

14.

Nothing in this Stipulation and Protective Order prevents any party from

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& SMITH LLP
ATTORNEYS AT LAW

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1 challenging any assertion of privilege by any party, and nothing in this Stipulation and Protective
2 Order constitutes a waiver of any assertion of privilege by any party or precludes any party from
3 moving for consideration of information ex parte and in camera.
4

15.

Anyone found to be in violation of this Order may have sanctions imposed against

5 him or her as the Court may determine and allowable under law and may also be subject to
6 contempt of court proceedings.
7 DATED this 18th day of July, 2016.

DATED this 18th day of July, 2016.

8 LEWIS, BRISBOIS, BISGAARD & SMITH

LAW OFFICES STEVEN J. PARSONS

9 /s/ Robert W. Freeman
Robert W. Freeman, Esq.
10 Nevada Bar No. 003062
Danielle C. Miller. Esq.
11
Nevada Bar No. 009127
12 6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
13 Attorneys for Defendants
Clark County & Clark County Fire Department
14
DATED this 18th day of July, 2016.
15
WILSON, ELSER, MOSKOWITZ,
16 EDELMAN & DICKER, LLP
17
18
19
20
21

/s/ Andrew Rempfer
Andrew Rempfer, Esq.
Nevada Bar No. 008628
Jennifer D. Golanics, Esq.
Nevada Bar No. 013687
10091 Park Run Drive, Suite #200
Las Vegas, Nevada 89145-8868
Attorneys for Plaintiff

/s/ Eric K. Stryker
Eric K. Stryker, Esq.
Nevada Bar No. 005793
300 South Fourth Street, 11th Floor
Las Vegas, Nevada 89101
Attorneys for Defendant
Susan Vincent and Dr. Susan Vincent,
A Nevada Limited Company

22
ORDER

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24
25

IT IS SO ORDERED.
28th
July
DATED this ___ day of _______, 2016.

26
______________________________
U.S. MAGISTRATE JUDGE

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LEWIS

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BISGAARD
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ATTORNEYS AT LAW

4853-2504-3252.1

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