McCall v. State Farm Mutual Automobile Insurance Company

Filing 40

ORDER Granting 38 Stipulated Confidentiality Agreement and Protective Order. Signed by Magistrate Judge George Foley, Jr on 8/10/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01058-JAD-GWF Document 38 Filed 08/09/17 Page 1 of 6

1 ROBERT W. FREEMAN, ESQ.
Nevada Bar No. 03062
2 E-Mail: [e-mail]
PAMELA L. MCGAHA, ESQ.
3 Nevada Bar No. 08181
Email: [e-mail]
4 CHERYL A. GRAMES, ESQ.
Nevada Bar No. 12752
5 Email: [e-mail]
LEWIS BRISBOIS BISGAARD & SMITH LLP
6 6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
7 Tel: [phone]
Fax: [phone]
8 Attorneys for Defendant
State Farm Mutual Automobile Insurance
9 Company
10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12
13 LORENE MCCALL,

CASE NO. 2:16-cv-1058-JAD-GWF

14

STIPULATED CONFIDENTIALITY
AGREEMENT AND PROTECTIVE
ORDER

15

Plaintiff,
vs.

16 STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY; DOES 1
17 through 10, inclusive, and ROE
CORPORATIONS I through 10, inclusive,
18
Defendants.
19
20

It appearing to the Court that the Plaintiff LORENE MCCALL (“Plaintiff”) and

21 Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (“State
22 Farm”) are in agreement that State Farm possesses proprietary policies and procedures
23 that include confidential information that may be subject to discovery in the proceedings
24 in this matter but which should not be made available to the public generally, this Court
25 hereby orders that:
26

1.

This Confidentiality Agreement and Protective Order (“Order”) shall govern

27 certain discovery and document production among the parties, as well as discovery and

LEWIS

28 document production from third parties, in the above-referenced action.

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4817-7750-0492.1

1

Case 2:16-cv-01058-JAD-GWF Document 38 Filed 08/09/17 Page 2 of 6

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2.

For purposes of this Order, the term “Confidential Information” shall refer to:

2 (1) information which any party or non-party believes in good faith to be a trade secret or
3 confidential

research,

development,

commercial,

or

other proprietary

business

4 information within the meaning of FRCP 26(c)(1)(G); and (2) documents and/or testimony
5 that may reveal confidential, proprietary, personal or commercially sensitive information.
6 Such Confidential Information may be contained in any written, printed, recorded, or
7 graphic matter of any kind, and shall retain its confidential designation regardless of the
8 medium on which it is produced, reproduced, or stored. Such Confidential Information
9 may also be elicited at deposition or through written discovery.
10

3.

Whenever any party or non-party desires to designate information

11 contained in a document as Confidential Information, the designating party shall mark
12 each page of the document with the word “CONFIDENTIAL” and identify such
13 Confidential Information at the time of production. Confidential Information may be used
14 in the course of depositions in accordance with this Order.
15

4.

Transcripts or exhibits from any deposition or hearing shall be temporarily

16 designated as “Confidential” and be treated as subject to the terms of this Order. Within
17 forty-five (45) days of receipt of such transcripts and exhibits, Counsel will designate the
18 pages of the transcripts or exhibits which shall remain designated as “Confidential” and
19 will advise all other parties. If no designation is made within forty-five (45) days, the
20 entire transcript and all exhibits will be deemed not confidential.
21

5.

All documents produced or information disclosed and any other records

22 designated as “confidential” by State Farm shall be revealed only to:
23

Plaintiff;

24

b)

Plaintiff’s counsel of record in this case;

25

c)

Defendant;

26

d)

Defendant’s counsel of record in this case;

27

LEWIS

a)

e)

Paralegals and secretarial employees under counsel's direct supervision;

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4817-7750-0492.1

2

Case 2:16-cv-01058-JAD-GWF Document 38 Filed 08/09/17 Page 3 of 6

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f)

2

Outside photocopying, translating, document management, and exhibit
preparation services engaged by a party for purposes of this litigation;

3

g)

Persons employed by counsel to act as consultants or experts in this action;

4

h)

Any other person State Farm agrees in writing may be shown such

5
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documents; and
i)

The Court and court personnel, stenographic reporters, and videographers

7

at depositions taken in this action, and any jury empanelled in this action,

8

subject to the protections of Paragraphs 3, 4, and 9 of this Order;

9

6.

The information considered as “confidential” and disclosed only in accord

10 with the terms of Paragraph 5 shall include, without limitation, any claims manual, training
11 materials, and any other information or documentation supplied by State Farm and
12 designated as “Confidential.”
13

7.

Documents deemed confidential by State Farm shall be used only for the

14 purposes of prosecuting or defending this action.

Under no circumstances shall

15 information or materials covered by this Order be disclosed to or discussed with anyone
16 other than the individuals designated in Paragraph 5.
17

8.

Prior to disclosure of any documents designated as “confidential” to any

18 individual who is not a signator to this Order, counsel shall require such individual to read
19 this Order and sign the Agreement which is attached hereto as Exhibit A and provide a
20 copy of the signed Agreement to counsel for State Farm.
21

9.

Prior to filing any motion wherein information designated as “Confidential” is

22 attached, Plaintiff shall comply with LR 10-5(b) and Kamakana v. City and County of
23 Honolulu, 447 F.3d 1172 (9th Cir. 2006), or provide Counsel for Defendant reasonable
24 time, but in any event not fewer than 10 judicial days, to file a motion pursuant to LR 1025 5(b) and Kamakana to show particularized good cause or particularized compelling
26 reasons to file those documents under seal.
27

LEWIS

LR 10-5(b) provides:

28

Unless otherwise permitted by statute, rule or prior Court

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4817-7750-0492.1

3

Case 2:16-cv-01058-JAD-GWF Document 38 Filed 08/09/17 Page 4 of 6

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order, papers filed with the Court under seal shall be
accompanied by a motion for leave to file those documents
under seal, and shall be filed in accordance with the Court's
electronic filing procedures. If papers are filed under seal
pursuant to prior Court order, the papers shall bear the
following notation on the first page, directly under the case
number: “FILED UNDER SEAL PURSUANT TO COURT
ORDER DATED __________.” All papers filed under seal will
remain sealed until such time as the Court may deny the
motion to seal or enter an order to unseal them, or the
documents are unsealed pursuant to Local Rule.

2
3
4
5
6
7
8

Pursuant to Kamakana and LR 10-5(b), any documents designated as

9 “Confidential” and attached to a non-dispositive motion must be accompanied by a motion
10 showing a particularized good cause for leave to file those documents under seal.
11 Furthermore, any documents designated as “Confidential” and attached to a dispositive
12 motion must be accompanied by a motion showing a particularized compelling reason for
13 leave to file those documents under seal.
14

10.

This Order is subject to revocation and modification by Order of the Court

15 upon written stipulation of the parties, or upon motion and reasonable notice, including
16 opportunity for hearing and presentation of evidence.
17

11.

If any Party disagrees with the designation of materials marked

18 “Confidential,” the objecting Party shall provide written notice of the disagreement to
19 State Farm, requesting a meeting to confer with counsel for State Farm to resolve the
20 dispute over the “Confidential” designation. If the dispute over the designation is not
21 resolved informally between the parties, State Farm will file a motion with the Court to
22 resolve the dispute regarding the “Confidential” designation. State Farm will have 30
23 days from the date in which the parties meet and confer regarding the dispute over the
24 designation in which to file a motion with the Court regarding the designation. In any
25 event, unless and until a Court ruling is obtained changing a designation, or the Party
26 designating the materials as “Confidential” agrees otherwise in writing, the material
27 involved shall be treated according to the existing “Confidential” designation.

LEWIS

28

BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4817-7750-0492.1

4

Case 2:16-cv-01058-JAD-GWF Document 38 Filed 08/09/17 Page 5 of 6

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12.

This Confidentiality Agreement and Protective Order shall survive the

2 termination of this case and counsel shall take no action to violate this Agreement.
3 However, this clause does not require counsel to take actions contrary to the Rules of
4 Professional Conduct, which impose an obligation upon counsel to safeguard client
5 property for a reasonable period of time.
6

13.

In any action or proceeding to enforce this Order, or pursuant to paragraph

7 12, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and
8 costs, without limiting any other relief that may be available, provided the Court
9 determines there was a willful and malicious violation of the Confidentiality Agreement
10 and Protective Order.
11

14.

This Order shall remain in effect after the conclusion of this case and the

12 Court shall retain jurisdiction to enforce its terms and to prevent or punish violations of it.
13

15.

This Order may be executed in counterparts, each of which shall constitute

14 one and the same agreement.
15 Dated this 9th day of August, 2017.

Dated this 9th day of August, 2017.

16 LEWIS BRISBOIS BISGAARD & SMITH LLP

GANZ & HAUF

17
18
19
20
21
22
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/s/ Cheryl A. Grames
_______________________
Robert W. Freeman, Esq.
Nevada Bar No. 03062
Pamela L. McGaha, Esq.
Nevada Bar No. 08181
Cheryl A. Grames, Esq.
Nevada Bar No. 12752
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Attorney for Defendant

/s/ Marjorie Hauf
_________________________
Marjorie Hauf, Esq.
Nevada Bar No. 08111
Cara Xidis, Esq.
Nevada Bar No. 11743
GANZ & HAUF
8950 W. Tropicana Avenue
Suite 1
Las Vegas, Nevada 89147
Attorneys for Plaintiffs

24
25

IT IS SO ORDERED:

26

____________________________________
UNITED STATES MAGISTRATE JUDGE

27

LEWIS

DATED: ________________________
8/10/2017

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BRISBOIS

BISGAARD
& SMITH LLP
ATTORNEYS AT LAW

4817-7750-0492.1

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