Cuadros v. State Farm Fire and Casualty Company

Filing 52

ORDER Granting 51 Stipulation for Protective Order. Signed by Magistrate Judge Cam Ferenbach on 3/28/17. (Copies have been distributed pursuant to the NEF - MR)

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Riley A. Clayton (Nevada Bar No. 005260)
HALL JAFFE & CLAYTON, LLP
7425 Peak Drive
Las Vegas, NV 89128
[phone]
Fax: [phone]
[e-mail]
Todd A. Noteboom (pro hac vice)
Jeffrey G. Mason (pro hac vice)
STINSON LEONARD STREET LLP
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
[phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant State Farm Fire and
Casualty Company

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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LUZ ELENA CUADROS, on behalf of herself )
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and all others similarly situated,
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Plaintiff,
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vs.
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STATE FARM FIRE AND CASUALTY
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COMPANY,
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Defendant,
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Case No. 2:16-CV-02025 JCM (VCF)

STIPULATED PROTECTIVE ORDER

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Plaintiff Luz Elena Cuadros (“Plaintiff”) and Defendant State Farm Fire and Casualty

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Company (“State Farm”) (together, the “Parties”) hereby jointly submit this Stipulated Protective

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Order pursuant to Federal Rule of Civil Procedure 26 and the Amended Stipulated Discovery Plan

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and Scheduling Order [Dkt. No. 47] § III(E) (“The parties shall enter into a stipulated protective

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order applicable to private, confidential, proprietary or competition-specific information.”).

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WHEREAS, the Parties agree to maintain the confidentiality of information, documents,

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and materials designated as “CONFIDENTIAL materials” pursuant hereto, which may contain

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private third-party information, including medical records, dates of birth and social security

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numbers, and/or constitute trade secrets or other confidential proprietary research, development,

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financial, or commercial information within the meaning of Fed. R. Civ. P. 26(c)(1)(G);

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WHEREAS, the Parties wish to facilitate discovery, ensure appropriate protection for any

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such confidential information, and ensure that production of any such documents and things shall

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be used only for the purposes of this case and shall not be disclosed or used in any other way; and

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WHEREAS, the Parties have agreed to jointly move this Court, pursuant to Fed. R. Civ. P.

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26(c)(1), for entry of this Protective Order, and the Court having found that, in light of the medical

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records and confidential or trade secret nature of the competitively sensitive information that may

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be sought and produced in discovery, good cause exists for the entry of the following Protective

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Order.

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The Court finds that the Protective Order is narrowly tailored to reflect the specific

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confidential information requested in discovery and that good cause has been shown for entry of a

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confidentiality protective order pursuant to Rule 26(c)(1) of the Federal Rules of Civil Procedure,

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as follows:

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IT IS HEREBY ORDERED THAT:

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1.

Confidential documents, information, testimony, and/or other materials designated

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as CONFIDENTIAL pursuant to this Order, shall be maintained in confidence by the Parties in

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accordance with the terms of this Order, shall be used solely for purposes of this action, and shall

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not be disclosed to anyone except as provided herein.

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2.

All CONFIDENTIAL designations shall be made in good faith and made at the

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time of disclosure, production, or tender or at such other time as permitted by this Order, provided

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that the inadvertent failure to so designate does not constitute a waiver of such claim, and the

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producing Party may so designate materials as CONFIDENTIAL after such inadvertent failure,

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subject to the protections of this Order. Within 30 days of production, a non-producing Party may

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designate as CONFIDENTIAL any materials produced without a CONFIDENTIAL designation.

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3.

Portions of testimony may also be designated as CONFIDENTIAL either at the

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time any such testimony is taken or in writing within thirty (30) days after the transcript of the

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testimony has been received. The court reporter for any such testimony shall be informed of this

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Order by the party and the court reporter shall comply with and be bound by this Order. In the

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event a party designates portions or all of that testimony as CONFIDENTIAL, the court reporter

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shall so designate on the face of the transcript that all or portions of the transcript have been

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designated as CONFIDENTIAL pursuant to the terms of this Order. Such CONFIDENTIAL

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transcripts of deposition testimony shall be treated the same and afforded the same protections as

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other CONFIDENTIAL materials under this Order.

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4.

A non-designating Party may at any time notify a designating Party in writing or

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upon the record of the deposition of its objection that a portion or all of the material/information

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designated as CONFIDENTIAL is not entitled to such protection under the terms of this

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Stipulation and Order. When challenging a designation, the non-designating Party shall provide

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the designating Party with written notice of each challenged designation and describe the basis for

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each challenge. The Parties shall first attempt, in good faith, to resolve such dispute by meeting

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and conferring within 14 days of the date of service of the challenge. If such efforts fail to resolve

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the Parties’ dispute, then the non-designating Party may file and serve a motion to challenge the

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subject confidentiality designation. The burden of persuasion in any challenge proceeding shall be

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on the designating Party, and the Court will view any designation as the equivalent of a request for

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a protective order pursuant to Fed. R. Civ. P. 26(c). Material/information designated as

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CONFIDENTIAL shall retain such status until such time as the Parties expressly agree otherwise

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in writing, the designating Party withdraws its designation in writing, or the Court orders

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otherwise.

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5.

CONFIDENTIAL documents, information, testimony, and/or other materials

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(hereinafter collectively “materials”) may be made available to the Court but only upon a motion

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to file under seal (see paragraph 11 of this Order).

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The persons who may view the materials designated CONFIDENTIAL include

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only the Parties, their attorneys in this action, their respective clerical, secretarial and support staff,

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and outside consultants or experts retained by plaintiff in the prosecution of this action (subject to

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paragraph 7 of this Order), copying services and court reporters as reasonably necessary, or a

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deponent or witness under oath.
7.

No outside consultant or expert of the Parties shall have access to materials

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designated CONFIDENTIAL unless he or she shall have read a copy of this Order, shall have

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executed an affidavit in the form appended hereto as Exhibit A-1 stating that he or she has read

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this Order, has agreed to be bound thereto, and has agreed to be subject to the jurisdiction of this

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Court for purpose of the enforcement of this Order. Counsel for a Party making disclosure of

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CONFIDENTIAL materials shall maintain a file of the affidavits signed by such persons for the

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purpose of ensuring compliance with this Order.

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8.

Persons who have been granted access by the Parties, their counsel, consultant, or

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expert to the CONFIDENTIAL materials shall not make use of such material for any purpose other

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than the prosecution of this action or disclose the contents of such material to any other person or

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entity, except as permitted by this Order.

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9.

In the event a Party should conclude that for purposes of this action, it needs to

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disclose CONFIDENTIAL materials to an individual or entity not enumerated in paragraph six (6)

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of this Order, that Party may request permission from the designating Party to do so and/or put all

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Parties on notice of such disclosure for specified documents or information. To be effective, such

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consent must be granted in writing and must be specific as to the CONFIDENTIAL materials.

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Permission granted under this section obviates a necessity of requesting permission of the Court

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to disclose the CONFIDENTIAL materials.

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10.

In the event any person subject to this Order, including but not limited to the Parties,

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their counsel, consultant or expert, receives a subpoena issued in another lawsuit for materials

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designated CONFIDENTIAL pursuant to this Order, that person shall give prompt notice within

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five (5) days to counsel for the designating Party sufficient to allow the filing of a motion to quash

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or the taking of other lawful action to prevent disclosure.

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11.

In the event any CONFIDENTIAL materials subject to the confidentiality

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restrictions of this Order are used in pretrial depositions, briefs, or other documents filed with the

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Court, or are referred to in any hearing before the Court, the Parties shall move the Court that such

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use or reference shall be made under seal and bear the legend,
THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION
COVERED BY A PROTECTIVE ORDER OF THE COURT AND IS
SUBMITTED UNDER SEAL PURSUANT TO THAT PROTECTIVE
ORDER; THE CONTENTS OF THIS DOCUMENT MAY NOT BE
DISCLOSED WITHOUT EXPRESS ORDER OF THE COURT

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and/or be reviewed by the Court in camera with the public excluded.
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Subject to the Federal Rules of Civil Procedure and the Federal Rules of Evidence,

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a Party may seek to offer into evidence in this action any materials designated CONFIDENTIAL

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by any other party only after giving sufficient advanced written notice to the designating party to

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allow such designating party to file an appropriate motion to protect its interests and the privacy

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of non-parties. However, the Parties shall comply with local rules regarding motions or other

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documents filed with the Court, if any, which reveal any portion of the contents of the documents

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or notes arising therefrom.

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13.

Plaintiff and her attorney shall return or destroy all CONFIDENTIAL materials

designated by State Farm or its counsel within 45 days after the final adjudication or settlement or

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all claims in this case. All copies of documents (including electronic copies) and all information

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and notes derived from or relating to CONFIDENTIAL materials subject to this Order shall also

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be destroyed, with the exception of attorney work product notes, which must be excised from the

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CONFIDENTIAL materials themselves. Further, Plaintiff and her attorneys shall instruct those

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persons to which they granted access to CONFIDENTIAL materials to return or destroy said

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CONFIDENTIAL materials (including electronic copies) at the conclusion of this litigation.

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CONFIDENTIAL materials retained by Plaintiff’s counsel shall be destroyed in accordance with

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such counsel’s regular business practices for destruction of client files unless a hold-order, known

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to counsel retaining such confidential materials, from another court reasonably requires a longer

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retention period.
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Nothing in this Order shall be construed to limit State Farm in its use of

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CONFIDENTIAL materials or from disclosing the same. Nothing in this Order shall be construed

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as affecting State Farm’s regular business practices for destruction of documents or State Farm’s

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retention obligations under applicable insurance regulations, any evidentiary hold orders in

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connection with other litigation, and statutory requirements such as applicable statutes of

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limitations. Nothing in this Order shall be construed against State Farm in a way that prohibits,

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restricts, or requires State Farm to obtain an authorization for the retention, use, or disclosure of

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nonpublic confidential materials and records as authorized or as reasonably required by federal or

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state law or regulation, or court order, rule, including, but not limited to, in a market conduct

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review, to Medicare authorities if reporting is applicable, to a third-party for analysis of records in

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anti-fraud efforts (using non-fraudulent data to benchmark), in reporting for rate-making or

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otherwise, and in paperless electronic claim systems for permissible insurance functions.

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15. Nothing in this Order shall affect the right of any party to seek additional protections

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against the disclosure of any other documents or materials or protections for additional categories

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of documents not subject to this Order.

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16.

Any party may apply for relief from or to modify the terms of this Order should it

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appear, in their good faith judgment, that materials have been improperly labeled as

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CONFIDENTIAL.

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This Order shall be binding upon any future party to this litigation.

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After the conclusion of the litigation, the provisions of this Order shall continue to

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be binding, and this Court shall retain jurisdiction over the parties and any other person who has

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access to documents and information produced pursuant to this Order for enforcement of its

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provisions.

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IT IS SO ORDERED.

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_________________________________________

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UNITED STATES MAGISTRATE JUDGE

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3-28-2017
Dated: _____________

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CORE/2063187.0036/132001886.2

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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LUZ ELENA CUADROS, on behalf of herself )
)
and all others similarly situated,
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Plaintiff,
)
vs.
)
STATE FARM FIRE AND CASUALTY
)
COMPANY,
)
)
Defendant,
)

Case No. 2:16-CV-02025 JCM (VCF)

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PROTECTIVE ORDER AFFIDAVIT

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I, _____________________________________________________, hereby certify that

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on ______________________, _______, I read the Confidentiality Agreement entered into by

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plaintiff, by and though her counsel, and the Protective Order entered by the Court in the above-

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captioned action. I further certify that I understand and agree to abide by the contents of the above

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aforementioned documents, so long as they remain in effect, by not disclosing designated

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CONFIDENTIAL materials to anyone except as required by lawful judicial process and except as

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permitted in accordance with the terms of the Protective Order.

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________________________________

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[Name]

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Subscribed and Sworn to before me this_____ day of ____________,______.

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EXHIBIT A-1

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Dated this 24th day of March, 2017.

Respectfully Submitted,

___/s/ Michael Gayan_________________
J. Randall Jones (Nev. Bar No. 1927)
Michael J. Gayan (Nev. Bar No. 11135)
KEMP, JONES & COULTHARD, LLP
3800 Howard Hughes Parkway, 17th Floor
Las Vegas, Nevada 89169
Telephone: [phone]
Fax: [phone]
[e-mail]

____/s/ Riley A. Clayton______________
Riley A. Clayton (Nevada Bar No. 005260)
HALL JAFFE & CLAYTON, LLP
7425 Peak Drive
Las Vegas, NV 89128
[phone]
Fax: [phone]
[e-mail]
Todd A. Noteboom (pro hac vice)
Jeffrey G. Mason (pro hac vice)
STINSON LEONARD STREET LLP
150 South Fifth Street, Suite 2300
Minneapolis, MN 55402
[phone]
Fax: [phone]
[e-mail]
[e-mail]

Imanuel B. Arin, Esq.
ARIN & ASSOCIATES
10801 W. Charleston Blvd., Suite 170
Las Vegas, NV 89135
Telephone: [phone]
Facsimile: [phone]
Charles J. LaDuca (admitted pro hac vice)
Michael Flannery (pro hac forthcoming)
CUNEO GILBERT & LADUCA, LLP
8120 Woodmont Avenue, Suite 810
Bethesda, Maryland 20814
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Attorneys for Defendant State Farm Fire
and Casualty Company

Melissa W. Wolchansky (admitted pro hac vice)
HALUNEN LAW
80 South Eighth Street, Suite 1650
Minneapolis, Minnesota 55402
Telephone: [phone]
Fax: [phone]
[e-mail]
Robert K. Shelquist (admitted pro hac vice)
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
[phone]
[e-mail]
Telephone: [phone]

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Attorneys for Plaintiff Luz Elena Cuadros
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