Chacon v. State Farm Automobile Insurance Company

Filing 27

ORDER Granting 26 Stipulation for Protection Order. Signed by Magistrate Judge Cam Ferenbach on 7/5/17. (Copies have been distributed pursuant to the NEF - MR)

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GEORGE M. RANALLI, ESQ.
Nevada Bar No. 5748
BENJAMIN J. CARMAN, ESQ.
Nevada Bar No. 12565
RANALLI ZANIEL FOWLER & MORAN, LLC
2400 W. Horizon Ridge Parkway
Henderson, Nevada 89052
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant,
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY

HENDERSON, NEVADA 89052
TELEPHONE: [phone] FAX: [phone]

2400 W. HORIZON RIDGE PARKWAY

RANALLI ZANIEL FOWLER & MORAN, LLC

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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GERARDO CHACON

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Case No.

2:16-cv-00965-RFB-VCF

Plaintiff,

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v.

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STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY; ROE
INSURANCE COMPANY; DOES I
through X, inclusive, and ROE
CORPORATIONS I through X,
inclusive

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Defendant
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STIPULATION AND ORDER FOR PROTECTIVE ORDER
WHEREAS Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE

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COMPANY,

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control certain documents, testimony, or information that may

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(“Defendant”)

has

in

its

possession

or

under

its

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contain

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documents, trade secrets documents, and personal information and

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financial documents which are considered confidential, sensitive

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and/or

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Documents"); and

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WHEREAS

or

comprise

proprietary

attorney-client

by

Defendant

Plaintiff

(hereinafter

this

"Protected

GERARDO

HENDERSON, NEVADA 89052
TELEPHONE: [phone] FAX: [phone]

2400 W. HORIZON RIDGE PARKWAY

RANALLI ZANIEL FOWLER & MORAN, LLC

sensitivity or proprietary nature of such documents, wishes to

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have

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Protected

the

CHACON

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the

privacy,

the

product

(“Plaintiff”)

to

conceding

action

work

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access

without

to

documents,

Documents

confidentiality,

for

purposes

of

prosecuting this lawsuit;

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WHEREAS Defendant contends that it could suffer irreparable

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harm if the Protected Documents or their contents were subjected

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to unauthorized disclosure; and,

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WHEREAS Plaintiff contends that Defendant might be required

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to also provide copies of such Protected documents to the other

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parties in this case not identified above;

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NOW,

THEREFORE,

the

parties

hereto

hereby

to

produced

stipulate

as

follows:
1.

Any

documents

be

subject

to

this

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protective order shall, prior to being produced by Defendant, be

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stamped

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following:

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with

a

notation

on

each

page

thereof

stating

PROTECTED DOCUMENT
State Farm adv. Chacon, United States District Court,
District of Nevada Case No. 2:16-cv-00965-RFB-VCF.

the

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This document is subject to a protective
Unauthorized disclosure is prohibited.

order.

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Failure to stamp any such document at the time of its
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production shall constitute a rebuttable presumption that such
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document is not subject to the terms and conditions of this
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protective order.
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2.

Counsel for the parties receiving copies of Protected

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Documents stamped as provided in paragraph 1, above, shall treat
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HENDERSON, NEVADA 89052
TELEPHONE: [phone] FAX: [phone]

2400 W. HORIZON RIDGE PARKWAY

RANALLI ZANIEL FOWLER & MORAN, LLC

such documents and their contents as confidential, to be used
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only

for

the

purposes

of

this

litigation.

In

particular,

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counsel shall not give, show or disclose the contents of any
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such document to any other person or entity except:
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(a)

The Court and its employees under seal;

(b)

The

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parties’

counsel

of

record,

including

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partners

and

associate

attorneys,

and

paralegal

assistants,

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stenographic

and

clerical

employees

when

working

under

the

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direct supervision of the counsel of record;
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(c)

The parties’ experts, consultants, agents,

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employees, officers, directors and investigators who are or will
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be

consulted

or

retained

to

assist

the

parties

in

their

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preparation for and conduct of pretrial and trial proceedings in
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this litigation;
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(d)

Court reporters and witnesses during depositions,

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hearing
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or

trial.

Disclosure

of

the

identity

of

said

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consultants provided by paragraph 4 below, shall not be deemed a

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waiver

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product

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pursuant to Federal Rules of Civil Procedure, rule 26(c-d).

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of

either

the

privileges,

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attorney-client,

nor

a

disclosure

or
of

the

attorney

expert

work

witnesses,

Prior to providing or disclosing Protected Documents

HENDERSON, NEVADA 89052
TELEPHONE: [phone] FAX: [phone]

above, the parties’ counsel shall first inform such person that

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2400 W. HORIZON RIDGE PARKWAY

to

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RANALLI ZANIEL FOWLER & MORAN, LLC

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the Protected Documents are to be treated as confidential, to be

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used

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any

person

only

for

described

purposes

in

of

subparagraphs

this

2(b)

litigation,

and/or

and

that

2(c),

these

restrictions are imposed by court order.

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4.

Prior to providing Protected Documents to any person,

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pursuant

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first provide such person with a copy of this protective order

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and have such person execute an acknowledgment and agreement to

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be bound by the terms of this protective order in the following

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form:

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to

section

2(c),

above,

the

parties’

counsel

shall

ACKNOWLEDGMENT AND AGREEMENT RE: PROTECTED DOCUMENTS
The undersigned acknowledges that a protective order has
been entered in the United States District Court, District of
Nevada in case number 2:16-cv-00965-RFB-VCF entitled State Farm
adv. Chacon.
The undersigned acknowledges that he/she/it has
received and read a copy of the protective order, understands
the contents thereof, and agrees to be bound by its terms.

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The undersigned acknowledges that violation of the terms of
this protective order could subject the undersigned to sanctions
or damages as provided by law.

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the

The undersigned expressly submits to the jurisdiction of
Federal District Court for the District of Nevada for

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purposes of any action which might be necessary to enforce the
terms of this protective order.

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DATED:
DATED:

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_________________________________
_________________________________

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and retain such signed acknowledgment in its file, pending
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the final disposition of this action.
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5.

The disclosure or production by defendant of protected

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documents pursuant to this protective order shall not be deemed
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HENDERSON, NEVADA 89052
TELEPHONE: [phone] FAX: [phone]

2400 W. HORIZON RIDGE PARKWAY

RANALLI ZANIEL FOWLER & MORAN, LLC

to concede the relevancy, competency or admissibility of any
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document or of any matter set forth therein, and is not intended
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to be a waiver of any privilege.
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6.

Any documents stamped as containing any confidential

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information

or

any

reference

thereto,

including,

without

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limitation, all deposition transcripts, document requests and
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responses thereto, interrogatories, interrogatory answers, other
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discovery

documents,

briefs,

motions,

declarations,

and/or

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points and authorities shall be subject to this protective order
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and shall not be served on or provided to any person other than
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the Authorized Parties designated in paragraph 2.
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7.

Upon request of the disclosing party and not later

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than thirty (30) days following the final disposition of this
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action,

whether

by

dismissal,

settlement,

final

judgment

shall

destroy

or

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otherwise,

counsel

for

all

other

parties

all

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copies of the protected documents in their possession or under
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their control, including copies provided to experts, consultants

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and any other person described in subparagraphs 2(c).

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shall provide written notice to defendant's counsel upon request

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that the terms of the protective order have been complied with

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by counsel of record by the parties, and that the files in

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plaintiff’s control have been destroyed.

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8.

Counsel

Nothing in this protective order shall be deemed as a

HENDERSON, NEVADA 89052
TELEPHONE: [phone] FAX: [phone]

2400 W. HORIZON RIDGE PARKWAY

RANALLI ZANIEL FOWLER & MORAN, LLC

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waiver

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privilege and work product doctrine over any documents it deems

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of

the

parties'

right

to

assert

the

attorney-client

appropriate and withhold such documents on this basis.
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This

protective

the

parties.

the

The

complete

terms

of

and

entire

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protective order shall not be modified except by a subsequent

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writing signed by both parties, and ordered by the Court.
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between

encompasses

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agreement

order

this

Should any third party seek access to the protected

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documents,

by

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parties

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applicable, shall promptly notify defendants’ counsel, and shall

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cooperate

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parties to obtain protected documents from the specified parties

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or other person, unless otherwise compelled by court order or

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law to release the protected documents.

or

request,

other

with

subpoena

recipient

defendants

in

of

or
the

otherwise,
protected

resisting

any

the

specific

documents,

efforts

by

as

third

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Any dispute which arises under this stipulation and order,

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including any effort to contest the designation of protected

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documents

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before the court upon not less than 20 days written notice.

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Dated:

as

confidential,

shall

July 5, 2017

be

resolved

Dated:

by

motion

made

July 5, 2017

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RANALLI ZANIEL FOWLER & MORAN,
LLC

G. DALLAS HORTON & ASSOCIATES

___/s/ Benjamin Carman____
GEORGE M. RANALLI, ESQ.
Nevada Bar No. 5748
BENJAMIN J. CARMAN, ESQ.
Nevada Bar No. 12565
2400 W. Horizon Ridge Parkway
Henderson, Nevada 89052
Attorneys for Defendant

/s/ David Thomas, Esq.__
DAVID L. THOMAS, ESQ.
Nevada Bar No. 3172
4435 South Eastern Avenue
Las Vegas, Nevada 89119
Attorney for Plaintiff

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HENDERSON, NEVADA 89052
TELEPHONE: [phone] FAX: [phone]

2400 W. HORIZON RIDGE PARKWAY

RANALLI ZANIEL FOWLER & MORAN, LLC

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ORDER

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IT IS SO ORDERED:

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7-5-2017
Dated: _______________

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______________________
UNITED STATES MAGISTRATE JUDGE
Cam Ferenbach