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: (702) 477-7774
Facsimile: (702) 477-7778
Attorneys for Defendant,
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY
HENDERSON, NEVADA 89052
TELEPHONE: (702) 477-7774 FAX: (702) 477-7778
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: (702) 477-7774 FAX: (702) 477-7778
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: (702) 477-7774 FAX: (702) 477-7778
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: (702) 477-7774 FAX: (702) 477-7778
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: (702) 477-7774 FAX: (702) 477-7778
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: (702) 477-7774 FAX: (702) 477-7778
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.
9.
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.
10.
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: (702) 477-7774 FAX: (702) 477-7778
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
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