Robinson v. Dungarvin Nevada, LLC

Filing 30

ORDER Granting 28 Stipulated Protective Order. Signed by Magistrate Judge Peggy A. Leen on 01/24/2017. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:16-cv-00902-JAD-PAL Document 28 Filed 01/13/17 Page 1 of 7

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LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C.
Joseph P. Garin (Bar No. 6653)
Jessica A. Green (Bar No. 12383)
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone]/FAX [phone]
[e-mail]
[e-mail]

Attorneys for Defendants
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Lipson, Neilson, Cole, Seltzer & Garin, P.C.
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] – fax [phone]

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JAMES E. ROBINSON, PRO SE

) Case No.: 2:16-cv-00902-JAD-PAL
)
Plaintiff,
)
)
vs.
)
STIPULATED PROTECTIVE
)
ORDER
DUNGARVIN NEVADA, L.L.C., CHARLOTTE )
MCCLANAHAN, AND BARBARA JORDAN
)
)
Defendants
)
)
_____________________________________ )

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In order to protect the confidentiality of sensitive and confidential information

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obtained by the parties in connection with this case, the parties hereby agree as follows:

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1.

Any party or non-party may designate as “confidential” (by stamping the

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relevant page or as otherwise set forth herein) any document or response to discovery

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which that party or non-party considers in good faith to contain confidential information

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involving proprietary information, confidential business, financial, health, or personal

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information subject to protection under the Federal Rules of Civil Procedure, or federal

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or Nevada law (“Confidential Information”). Where a document or response consists of

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more than one page, the first page, and each page on which confidential information

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appears shall be so designated.

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2.

A party or non-party may designate information disclosed during a

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deposition or in a response to written discovery as “confidential” so indicating in said

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response or on the record at the deposition and requesting the preparation of a
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Case 2:16-cv-00902-JAD-PAL Document 28 Filed 01/13/17 Page 2 of 7

separate transcript of such material. Additionally, a party or non-party may designate in

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writing, within twenty (20) days after a receipt of said responses or of the deposition

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transcript for which the designation is proposed, that specific pages of the transcript

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and/or specific responses be treated as “confidential” information. Any other party may

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object to such proposal, in writing or on the record. Upon such objection, the parties

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shall follow the procedures described in paragraph 8 below. After any designation made

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according to the procedure set forth in this paragraph, the designated documents or

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information shall be treated according to the designation until the matter is resolved

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according to the procedures described in paragraph 8 below, and each party shall be

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responsible for making all previously unmarked copies of the designated material in

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Lipson, Neilson, Cole, Seltzer & Garin, P.C.
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] – fax [phone]

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their possession or control with the specified designation.

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3.

All information produced or exchanged in the course of this case (other

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than information that is publicly available) shall be used by the party or parties to whom

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the information is produced solely for the purpose of this case.

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4.

Except with the prior written consent of the parties, or upon order of this

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Court obtained upon notice to the opposing party, Confidential Information shall not be

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disclosed to any person other than:

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a.

Counsel for the respective parties to this litigation, including inhouse, corporate, and co-counsel retained for this litigation;

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b.

Employees of such counsel;

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c.

Individual parties to the lawsuit;

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d.

Officers or employees of a party, to the extent deemed necessary
for the prosecution or defense of this litigation;

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e.

Consultants or expert witnesses retained for the prosecution or

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defense of this litigation, provided each such person shall execute a

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copy of the Certification annexed to this Order as “Exhibit A” (which

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shall be retained by counsel to the party so disclosing the

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Confidential Information and made available for inspection by the
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Case 2:16-cv-00902-JAD-PAL Document 28 Filed 01/13/17 Page 3 of 7

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opposing party during the pendency or after the termination of the

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action only upon good cause shown and upon order of the Court)

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before being shown or given any Confidential Information and

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provided that if the party chooses a consultant or expert employed

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by Dungarvin, or one of its competitors, the party shall notify the

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opposing party, or designating non-party, before disclosing any

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Confidential Information to that individual and shall give the

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opposing party an opportunity to move for a protective order

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preventing or limiting such disclosure;
f.

Any authors or original recipients of the Confidential Information;

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Lipson, Neilson, Cole, Seltzer & Garin, P.C.
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] – fax [phone]

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g.

The Court, Court personnel, and court reporters; and

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h.

Witnesses (other than persons described in paragraph 4(e)). A

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witness shall sign the certification before being shown a confidential

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document. Confidential Information may be disclosed to a witness

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who will not sign the certification only in a deposition at which the

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party who designated the Confidential Information is represented or

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has been given notice that Confidential Information shall be

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designated

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Witnesses shown confidential information shall not be allowed to

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retain copies.

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5.

“Confidential”

pursuant

to

paragraph

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above.

Any persons receiving Confidential Information shall not reveal or discuss

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such information to or with any person who is not entitled to receive such information,

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except as set forth herein.

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6.

Unless otherwise permitted by statute, rule, or prior court order, papers

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

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leave to file those under seal, and shall be filed consistent with the Court’s electronic

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filing procedures in accordance with Local Rule 10-5(b). Notwithstanding any

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agreement among the parties, the party seeking to file a paper under seal bears the
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Case 2:16-cv-00902-JAD-PAL Document 28 Filed 01/13/17 Page 4 of 7

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burden of overcoming the presumption in favor of public access to papers filed in court.

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Kamakana v. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006).
7.

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A party may designate as “Confidential” documents or discovery materials

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produced by a non-party by providing written notice to all parties of the relevant

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document numbers or other identification within thirty (30) days of receiving such

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documents or discovery materials. Any party or non-party may voluntarily disclose to

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others without restriction any information designated by that party or non-party as

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confidential, although a document may lose its confidential status if it is made public.
8.

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If a party contends that any material is not entitled to confidential

treatment, such party may at any time give written notice to the party or non-party who

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Lipson, Neilson, Cole, Seltzer & Garin, P.C.
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] – fax [phone]

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designated the material. The party or non-party who designated the material shall have

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twenty-five (25) days from the receipt of such written notice to apply to the Court for an

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order designating the material as confidential. The party or non-party seeking the order

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has the burden of establishing that the document is entitled to protection.
9.

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Notwithstanding any challenge to the designation of material as

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Confidential Information, all documents shall be treated as such and shall be subject to

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the provisions hereof unless and until one of the following occurs:
a.

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The party or non-party claiming the Confidential Information
designation withdraws such designation in writing; or

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b.

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The party or non-party who claims the material is Confidential

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Information fails to apply to the Court for an order designating the

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material confidential within the time period specified above after

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receipt of a written challenge to such designation; or
c.

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10.

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The Court rules the material is not confidential.

All provisions of this Order restricting the communication or use of

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Confidential Information shall continue to be binding after the conclusion of this action,

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unless otherwise agreed or ordered. Upon conclusion of the litigation, a party in the

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///
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Case 2:16-cv-00902-JAD-PAL Document 28 Filed 01/13/17 Page 5 of 7

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possession of Confidential Information, other than that which is contained in pleadings,

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correspondence, and deposition transcripts shall either:
a.

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Return such documents no later than thirty (30) days after the

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conclusion of this action to counsel for the party or non-party who

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provided such information, or
b.

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Destroy such documents within the time period upon consent of the

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party who provided the information and certify in writing within thirty

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(30) days that the documents have been destroyed.

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Lipson, Neilson, Cole, Seltzer & Garin, P.C.
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] – fax [phone]

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11.

The terms of this Order do not preclude, limit, restrict, or otherwise apply

to use of documents at trial.
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Nothing herein shall be deemed to waive any applicable privilege or work

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product protection, or to affect the ability of a party to seek relief for an inadvertent

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disclosure of material protected by privilege or work product protection.

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13.

Any witness or other person, firm, or entity from which discovery is sought

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may be informed of and may obtain the protection of this Order by written advice to the

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parties’ respective counsel or parties representing themselves or by oral advice at the

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time of any deposition or similar proceeding.

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SO ORDERED, this

day of

, 2017.

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__________________________________
__________________________________
__ ___
_______ _
__
_
_
HONORABLE PEGGY A. LEEN
H ORABL
HONORABLE PEGGY LEEN
E
Y
E
UNITED STATES MAGISTRATE JUDGE

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[CONSENT PAGE FOLLOWS]

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Case 2:16-cv-00902-JAD-PAL Document 28 Filed 01/13/17 Page 6 of 7

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CONSENTED TO this 13th day of
January, 2017:

CONSENTED TO this 13th day of
January, 2017:
LIPSON, NEILSON, COLE, SELTZER &
GARIN, P.C.

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/s/ James E. Robinson
___________________________
James E. Robinson
4675 Color Up Ct.
Las Vegas, NV 89122

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Pro Se Plaintiff

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/s/ Jessica A. Green
_____________________________
Joseph P. Garin, Esq.
Nevada Bar No. 6653
Jessica A. Green, Esq.
Nevada Bar No. 12383
9900 Covington Cross Dr., Suite 120
Las Vegas, NV 89144

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Attorneys for Defendants

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Lipson, Neilson, Cole, Seltzer & Garin, P.C.
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] – fax [phone]

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Case 2:16-cv-00902-JAD-PAL Document 28 Filed 01/13/17 Page 7 of 7

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EXHIBIT A

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CERTIFICATION
I hereby certify my understanding that Confidential Information is being provided

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to me pursuant to the terms and restrictions of the Stipulated Protective Order in James

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E. Robinson v. Dungarvin Nevada, LLC, et al., Case No. 2:16-cv-00902-JAD-PAL. I

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have been given a copy of that Order and I read it. I agree to be bound by the Order. I

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will not reveal Confidential Information to anyone or use the Confidential Information,

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except as expressly allowed by the Order. I will maintain all such Confidential

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Information – including copies, notes, or other transcriptions made therefrom – in a

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secure manner to prevent unauthorized access to it. No later than thirty (30) days after

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Lipson, Neilson, Cole, Seltzer & Garin, P.C.
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] – fax [phone]

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the conclusion of this action, I will return the Confidential Information – including copies,

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notes, or other transcriptions made therefrom – to the party who provided me with the

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Confidential Information. I hereby consent to the personal jurisdiction of the United

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States District Court for the District of Nevada for the purpose of enforcing the

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Stipulated Protective Order.

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Printed Name: _____________________________

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Signature: _________________________________

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Date: _____________________________________

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