Doe v. Clark County School District et al

Filing 16

STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER re 15 Stipulation. Signed by Magistrate Judge Peggy A. Leen on 9/30/16. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-01696-JAD-PAL Document 15 Filed 09/27/16 Page 1 of 12

1 CLARK COUNTY SCHOOL DISTRICT
OFFICE OF THE GENERAL COUNSEL
2 S. SCOTT GREENBERG, ESQ.
Nevada Bar No. 4622
3 5100 W. Sahara Ave.
Las Vegas, Nevada 89146
4 [phone]
Attorneys for Defendants
5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8
9
10

JANE DOE, individually, and as
parent and natural guardian for
JOANN DOE, a minor;

CASE NO.:
2:16-cv-01696-JAD-PAL

Plaintiff,

11
12

v.

13

FAUSTO BARRAZA-BALCAZAR; CLARK
COUNTY SCHOOL DISTRICT; DOES 1
through 20; ROE CORPORATIONS 1
through 20,

14
15

STIPULATED CONFIDENTIALITY
AGREEMENT AND PROTECTIVE ORDER

Defendant.

16
17

The parties to this action, identified below, herein enter the

18

following stipulations and agreements and request the Court enter

19

an Order for the same:
A.

20
21

Counsel

for

Plaintiffs,

JANE

DOE

and

JOANN

DOE,

collectively the “Plaintiffs,” and
B.

22

Counsel for Defendant CLARK COUNTY SCHOOL DISTRICT (“CCSD”

23

or “District,”

24

agree to the following:
GENERAL STIPULATIONS

25
1.

26

The "Litigation" shall mean the above-captioned case, Doe

27

vs. Barazza-Balcazar, et al., 2:16-cv-01696-JAD-PAL, United States

28

District Court, District of Nevada;
/ / /

Case 2:16-cv-01696-JAD-PAL Document 15 Filed 09/27/16 Page 2 of 12

1

2.

It is acknowledged there is a presumption of public access

2 to judicial files and records and that good cause must be shown to
3 overcome this presumption. Kamakana v. City and County of Honolulu,
4 447 F.3d 1172, 1179 (9th Cir. 2006).
5 Stipulated

Confidentiality

The parties submit this

Agreement

and

Protective

Order

6 (hereinafter "Protective Order") for the purpose of facilitating the
7 exchange of documents and information between the parties in this
8 action during discovery without having to unnecessarily involve the
9 Court in the discovery process and in order to protect privacy
10 interests of the parties and third parties as necessary.

Except as

11 otherwise set forth herein, nothing in this Protective Order nor the
12 production of any information or documents under the terms of this
13 Protective Order nor any proceedings in this matter will be deemed
14 an

admission

or

waiver

by

any

Party

of

any

confidentiality

15 protection otherwise applicable to any document or information
16 produced in this Litigation.
17

3.

"Documents" shall mean and include any documents (whether

18 in hard copy or electronic form), records, correspondence, analyses,
19 assessments,
20 statements

photographs,

(financial

or

memoranda,
otherwise),

email
audio

communications,

recordings,

video

21 recordings, responses to discovery, tangible articles or things,
22 whether documentary or oral, and other information provided, served,
23 disclosed, filed, or produced, whether voluntarily or through
24 discovery or other means, in connection with this Litigation. A
25 draft or non-identical copy is a separate document within the
26 meaning

of

these

terms.

"Information"

27 contained within a Document.
28 / / /
-2-

means

any

information

Case 2:16-cv-01696-JAD-PAL Document 15 Filed 09/27/16 Page 3 of 12

1

4.

"Party" (or "Parties") shall mean Plaintiffs and CCSD,

2 including their counsel.

"Producing Party" shall mean any person

3 or entity who provides, serves, discloses, files, or produces any
4 Documents or Information.

"Receiving Party" shall mean any person

5 or entity who receives any such Documents or Information.
6
7

CONFIDENTIALITY AGREEMENT
5.

8 is/are

The Parties agree that any Document or Information which
medical

records

other

than

CCSD

records

and

employee

9 personnel records may be designated by the Producing Party as
10 "CONFIDENTIAL" under the terms of this Protective Order and any such
11 designated Document or Information shall not be provided to or made
12 available to third parties except as permitted by, and in accordance
13 with, the provisions of this Protective Order.
14

6.

Confidential Documents shall be so designated by marking

15 or stamping each page of the Document produced to or received from
16 a

Party

with

the

legend

"CONFIDENTIAL"

and

the

Document

and

17 Information contained therein shall be deemed to be a Confidential
18 Document or Information pursuant to this Protective Order.
19

7.

Some or all of the testimony taken at a deposition may be

20 designated as CONFIDENTIAL if related to medical or personnel
21 information as allowed in No. 5 above by any Party making a
22 statement to that effect on the record at the deposition and within
23 ten (10) business days of receipt of the transcript the Party
24 designating the specific portions of the deposition transcript the
25 Party maintains is CONFIDENTIAL.

Counsel for the designating Party

26 shall make arrangements with the court reporter to note on the
27 transcript that portions are being designated “CONFIDENTIAL” and
28 which, if any, deposition exhibits are designated as CONFIDENTIAL,
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Case 2:16-cv-01696-JAD-PAL Document 15 Filed 09/27/16 Page 4 of 12

1 which the transcript shall also label as such.
2

8.

CONFIDENTIAL Documents and Information shall be maintained

3 in strict confidence by the Parties who receive such Documents and
4 Information, shall only be used for the purpose of prosecution,
5 defense, or settlement of this action, and for no other purpose, and
6 shall not be disclosed to any person except:
7

(a) to the Court, including any appellate Court, so

8

long as the Document or Information is submitted under seal,

9

if required;

10

(b) to the attorneys of record in this Litigation (and

11

other assisting attorneys in the same firm) and paralegal,

12

clerical, and secretarial staff employed by such counsel or

13

CCSD’s Legal Office;

14

(c) a Party, or an officer, director, agent, or

15

employee of a Party deemed necessary by counsel to aid in the

16

prosecution, defense, or settlement of this action;

17

(d) subject to the terms of Paragraph 9 below, experts

18

or consultants (and their clerical staff) consulted and/or

19

retained

20

defense, or settlement of this action;

by

such

counsel

to

assist

in

the

prosecution,

21

(e) court reporter(s) employed in this action;

22

(f) a witness at any deposition or court proceeding in

23

this action;

24

(g) subject to the terms of Paragraph 9 below, any

25

other person, only if the receiving Party has given written

26

notice

27

specified CONFIDENTIAL Information to said person, who shall

28

be

to

the

identified

Producing

by

Party

name,
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of

an

address,

intent

phone

to

disclose

number,

and

Case 2:16-cv-01696-JAD-PAL Document 15 Filed 09/27/16 Page 5 of 12

1

relationship,

2

Producing Party has not provided a written objection to the

3

disclosure within ten (10) business days of delivery of the

4

notification. In the event of an objection, no disclosure

5

shall be made pending the resolution of the objection.

6

if

any,

to

the

Receiving

Party,

and

the

(h) as used above in this Paragraph 8, the term

7

"resolution

8

agreement, signed stipulation of the Parties or Court order.

9

9. With respect to experts or other persons pursuant to

of

the

objection"

requires

either

a

written

10 Paragraphs 8(d) and 8(g) above, the expert or other person must be
11 provided a copy of this Protective Order and must sign a
12 certification acknowledging that he/she has carefully and completely
13 read, understands, and agrees to be bound by this Protective Order.
14 The Party on whose behalf such a certification is signed shall
15 retain the original certification.
16

10.

All

designations

of

Documents

and

Information

as

17 CONFIDENTIAL must be made in good faith.
18

11.

If any Party includes in papers to be filed with the

19 Court: (i) a Document or Information designated or deemed as
20 CONFIDENTIAL, or (ii) information solely derived from a Document or
21 Information designated or deemed as CONFIDENTIAL, such papers, or
22 the confidential portion thereof, shall be filed under seal in
23 accordance with Local Rule IA 10-5 and the Ninth Circuit's decision
24 in Kamakana v. City and County of Honolulu, 447 F3d 1172 (9th 10
25 Cir. 2006). Hard copies shall be submitted to the Parties in
26 accordance with Local Rule 10-5 and local e-filing instructions.
27

12.

Parties shall also comply with all requirements of Fed.

28 R Civ. P 5.2 with regard to documents that are filed with the Court.
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Case 2:16-cv-01696-JAD-PAL Document 15 Filed 09/27/16 Page 6 of 12

1

13.

This

Protective

Order

does

not

affect

access

to

2 CONFIDENTIAL Documents or Information by individuals, including
3 employees of the CCSD, who are otherwise authorized by law to have
4 such access.

Nor does this Protective Order prevent a Party from

5 revealing CONFIDENTIAL Documents and Information to a person who
6 created or previously received (as an addressee or by way of copy)
7 such Document or Information.
8

14. This Protective Order shall be without prejudice to the

9 right of the Parties (i) to bring before the Court at any time the
10 question of whether any particular Document or Information is, in
11 fact, CONFIDENTIAL or whether its use should be restricted in any
12 manner whatsoever; or (ii) to present a motion to the Court for a
13 separate

protective

order

as

to

any

particular

Document

or

14 Information, including restrictions differing from those specified
15 herein.
16 Document

A Party may object to the designation of particular
or

Information

as

CONFIDENTIAL,

or

not

being

marked

17 CONFIDENTIAL, by giving written notice to the Party producing the
18 disputed Document or Information. The written notice shall identify
19 the Document or Information to which the objection is made.

If the

20 Parties cannot resolve the objection within ten (10) business days
21 after the time the notice is received, it shall be the obligation
22 of

the

Party

designating

the

Document

or

Information

as

23 CONFIDENTIAL, or asserting it should be so designated, to file an
24 appropriate motion requesting that the Court determine whether the
25 disputed Document or Information should be subject to the terms of
26 this Protective Order. If such a motion is filed within twenty (20)
27 business days after the date the notice is received, the disputed
28 Document or Information shall be treated as CONFIDENTIAL under the
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Case 2:16-cv-01696-JAD-PAL Document 15 Filed 09/27/16 Page 7 of 12

1 terms of this Protective Order until the Court rules on the motion.
2 If the designating Party, or Party asserting the information should
3 be designated CONFIDENTIAL, fails to file such a motion within the
4 prescribed time, the disputed Document or Information shall lose its
5 designation as CONFIDENTIAL, or not be designated as such, and shall
6 not thereafter be treated as CONFIDENTIAL in accordance with this
7 Protective Order.

In connection with a motion filed under this

8 provision, the Party designating the Document or Information as
9 CONFIDENTIAL, or asserting for such designation, shall bear the
10 burden of establishing that cause exists for the disputed Document
11 or Information to be treated as CONFIDENTIAL under this stipulation.
12

15.

While protected by this Protective Order, any Documents

13 or Information designated as CONFIDENTIAL shall be held in strict
14 confidence by each person to whom it is disclosed; shall be used
15 solely for the purposes of this Litigation; and shall not be used
16 for any other purpose, including, without limitation, use in any
17 other lawsuit. Documents and Information previously produced by the
18 Parties

prior

to

the

entry

of

this

Protective

Order

may

be

19 designated CONFIDENTIAL within 30 days after the date of this
20 Protective Order.
21

16.

A Party who through inadvertence produces any CONFIDENTIAL

22 Document or Information without designating it as such in accordance
23 with the provisions of this Protective Order shall not be deemed to
24 waive any claim of confidentiality with respect to such Document or
25 Information and the Producing Party may, promptly upon discovery,
26 furnish a substitute copy properly designated along with written
27 notice to all Parties (or written notice alone as to non-documentary
28 Information)

that

such

Document
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or

Information

is

deemed

Case 2:16-cv-01696-JAD-PAL Document 15 Filed 09/27/16 Page 8 of 12

1 CONFIDENTIAL and should be treated as such in accordance with the
2 provisions of this Protective Order.

Each receiving person must

3 thereafter treat such Document and Information as CONFIDENTIAL in
4 accordance

with

the

notice.

Disclosure

of

such

Confidential

5 Document or Information prior to the receipt of such notice shall
6 not be deemed a violation of this Protective Order.

A Receiving

7 Party who has disclosed such CONFIDENTIAL Documents or Information
8 prior to the receipt of such notice shall take steps to cure such
9 disclosure

by

requesting

return

of

the

original

document

and

10 substituting it with the properly marked one.
11
12

OTHER STIPULATED CONSIDERATIONS
17.

The parties recognize case law such as Kamakana and

13 Phillips v. General Motors Corp., 307 F.3d 1206, 1213 (9th Cir.
14 2002), regarding sealing of records with filed motions.

Should a

15 Party reasonably believe CONFIDENTIAL Documents or Information may
16 be sealed when filed in court or such materials specifically
17 referenced in a filed motion or brief, the CONFIDENTIAL Document or
18 Information will be redacted from the publicly filed brief or other
19 paper and shall be appropriately marked and separately filed in a
20 sealed envelope as shall the CONFIDENTIAL materials accompanying any
21 filed motion or brief. The Party filing any matter under seal shall
22 comply with the applicable local rules, including fling a motion for
23 leave to do so.

If the Court ultimately refuses to allow such

24 Document or Information to be filed under seal, then it may be filed
25 without being under seal.
26

18.

27 subpoena

The Parties recognize that non-parties may be required by
or

28 information

otherwise
which

the

to

provide

non-party
-8-

documents,
requires,

records

pursuant

or
to

other

law

or

Case 2:16-cv-01696-JAD-PAL Document 15 Filed 09/27/16 Page 9 of 12

1 otherwise, be designated as CONFIDENTIAL.

Therefore, the Parties

2 agree that any non-party may designate documents, records or other
3 information it produces as CONFIDENTIAL and such will be treated as
4 CONFIDENTIAL, absent written agreement with the producing non-party
5 or Court Order.

Any Party may also designate any record produced

6 by any other Party or third party as CONFIDENTIAL at any time. Such
7 documents shall be treated as CONFIDENTIAL by all parties to the
8 same extent as if the Producing Party had designated the documents
9 as CONFIDENTIAL.
10

19.

If any Party becomes required by law, regulation, or order

11 of a court or governmental entity to disclose any CONFIDENTIAL
12 Document or Information that has been produced to it under the terms
13 of this Protective Order, such Party will reasonably notify the
14 other Parties, in writing, so that the original Producing Party has
15 an opportunity to prevent or restrict such disclosure.

The Party

16 required to disclose any CONFIDENTIAL Document or Information shall
17 use reasonable efforts to maintain the confidentiality of such
18 CONFIDENTIAL Document or Information and shall cooperate with the
19 original Producing Party in its efforts to obtain a protective order
20 or other protection limiting disclosure; however, the Party required
21 to disclose the Document or Information shall not be required to
22 seek a protective order or other protection against disclosure in
23 lieu of, or in the absence of, efforts by the Producing Party to do
24 so.
25

20.

A copy of this Protective Order shall be shown to each

26 attorney acting as counsel for a Party and to each person to whom
27 CONFIDENTIAL Documents or Information will be disclosed.
28 / / /
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Case 2:16-cv-01696-JAD-PAL Document 15 Filed 09/27/16 Page 10 of 12

1

21.

This Protective Order shall be without prejudice to any

2 Party to claim that a Document that a Party marked as containing
3 CONFIDENTIAL Information is also protected by the attorney-client
4 privilege,

work

product

doctrine,

or

any

other

5 limitation recognized under state or federal law.

privilege

or

Determinations

6 of confidentiality and privilege are separate, and nothing in this
7 Protective Order constitutes a waiver of privilege. Nothing in this
8 Protective Order shall be construed as an admission or agreement
9 that any specific Document or Information is or is not CONFIDENTIAL,
10 subject to discovery, relevant, or admissible in evidence in this
11 or any future proceeding.
12

22. At the conclusion of this Litigation, including by way of

13 settlement, all Documents designated or deemed as CONFIDENTIAL or
14 CONFIDENTIAL-FERPA,

and

all

copies

thereof

(including

without

15 limitation, copies provided to testifying or consulting experts or
16 consultants), shall be returned to the person or Party that produced
17 the

CONFIDENTIAL

or

CONFIDENTIAL-FERPA

material,

or,

in

the

18 alternative, destroyed and certified in writing to the person or
19 Party

that

20 destroyed.

produced

the

confidential

material

to

have

been

Said procedure does not apply to documents a Party had

21 prior to this litigation commencing. Notwithstanding the foregoing,
22 counsel may retain solely for archival purposes a single copy of the
23 CONFIDENTIAL Documents provided that such CONFIDENTIAL Documents are
24 prominently marked with the statement:
25

CONFIDENTIAL

26 This envelope contains documents that are subject to a Protective
27

Order entered by the Court in this action governing the use of

28

confidential discovery material.
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Case 2:16-cv-01696-JAD-PAL Document 15 Filed 09/27/16 Page 11 of 12

1 or some substantially similar statement. The provisions of this
2 Protective

Order

shall

continue

to

apply

to

all

Confidential

3 materials not returned or destroyed for as long as they are held.
4 The obligation to treat all Information designated as CONFIDENTIAL
5 in accordance with the terms of this Protective Order and not to
6 disclose such CONFIDENTIAL Information and Documents, including
7 CONFIDENTIAL-FERPA Documents, shall survive any settlement or other
8 termination of this Litigation.
9

23. Notwithstanding anything to the contrary herein, whenever

10 a Party deems a Document as CONFIDENTIAL because of a small portion
11 of the Information contained within the Document, that Party shall
12 make

a

good

faith

evaluation

whether

to

designate

only

the

13 confidential portion of the Document as CONFIDENTIAL, instead of the
14 entire Document. If a portion of a Document is designated as
15 CONFIDENTIAL, the Document is not deemed CONFIDENTIAL so long as the
16 designated confidential portion is redacted.
17 / / /
18 / / /
19 / / /
20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
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Case 2:16-cv-01696-JAD-PAL Document 15 Filed 09/27/16 Page 12 of 12

1

24. This Protective Order shall not be deemed to prejudice the

2 Parties in any way in any future application for modification of
3 this Protective Order.
4

IT IS SO STIPULATED.

5 DATED this 27th day of September, 2016.
6
7 LADAH LAW FIRM

CLARK COUNTY SCHOOL DISTRICT

8
9 By: /s/ Joesph C. Chu
JOSEPH C. CHU
10
NVB #11082
517 s. Third Street
11
Las Vegas, NV 89101
Attorney for Plaintiff
12

By:/s/ S. Scott Greenberg
S. SCOTT GREENBERG
NVB #4622
5100 West Sahara Avenue
Las Vegas, NV 89146
Attorneys for Defendant
CCSD

13
14
15
ORDER
16
The

foregoing

stipulated

Confidentiality

Agreement

and

17
Protective Order is adopted by the Court and hereby ordered.
18
19
______________________________
UNITED STATES JUDGE

20
21

September 30, 2016
Dated: ________________________

22
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25
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27
28
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