Nagy v. Western Alliance Bancorporation

Filing 14

ORDER Granting 13 Stipulated Protective Order Concerning Confidential Information. Signed by Magistrate Judge George Foley, Jr. on 03/10/2017. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:16-cv-02095-JCM-GWF Document 13 Filed 03/09/17 Page 1 of 5

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Attorneys for Defendant Western Alliance Bank
dba Bank of Nevada

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Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Suzanne L. Martin
Nevada Bar No. 8833
[e-mail]
Marcus B. Smith
Nevada Bar No. 12098
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Wells Fargo Tower
Suite 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]
Fax: [phone]

UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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OMAR NAGY, an individual,

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Case No.: 2:16-cv-02095-JCM-GWF

Plaintiff,
vs.
WESTERN ALLIANCE BANK, d/b/a
“BANK OF NEVADA”,

STIPULATED PROTECTIVE ORDER
CONCERNING CONFIDENTIAL
INFORMATION

Defendant.

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Plaintiff Omar Nagy (“Plaintiff”) and Defendant Western Alliance Bank dba Bank of

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Nevada (“Defendant”) (collectively, the “Parties”), through their counsel of record, requests the

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Court enter the following Stipulated Protective Order Concerning Confidential Information. This

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Stipulation is filed pursuant to Local Rule 7-1.

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I.

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The Parties agree there are certain categories of information and documents that deserve

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protection from disclosure. The Parties agree disclosure of this information to individuals not

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associated with this litigation may harm the Parties, their respective businesses interests, and

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customers. The parties will keep ‘confidential’ the proceeding “Confidential Information.”

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“Confidential Information,” consists of:

CONFIDENTIAL MATERIAL

Case 2:16-cv-02095-JCM-GWF Document 13 Filed 03/09/17 Page 2 of 5

(a)

any documents or other information which counsel in good faith believe contain
confidential or proprietary business information, including customer names,
accounts or financial information;

(b)

any documents or other information which counsel in good faith believe contain or
relate to confidential bank operations, the public disclosure of which would be
detrimental to Defendant or its customers;

(c)

any documents or other information which counsel in good faith believe relate to
credit or financing transactions by Defendant or its customers, including the value
of any loan, the collateral for a loan, the addresses of properties being purchased as
part of a loan transaction, and other non-public information regarding Defendant’s
customers produced by Defendant; and

(d)

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Plaintiff’s protected health information, law school records, and non-public
information regarding businesses in which Plaintiff has an ownership interest, or is
invested, or operates.

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Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Confidential Information shall be confidential, and maintained as confidential, in
accordance with the terms of this Stipulated Protective Order Concerning Confidential
Information. “Confidential Information” includes any portion of documents, discovery responses,
testimony, or other discovery materials containing Confidential Information.
II.

USE OF CONFIDENTIAL MATERIAL
“Confidential Information” described in Section I above may only be used for purposes of

this litigation, and may be only disclosed with the consent of the parties, or by Court Order, to the
following persons:
(a)

The Court, and Court personnel involved in this case (including court reporters and
persons operating video recording equipment at depositions);

(b)

The Parties’ counsel of record in this action, including their partners, associates,
secretaries, legal assistants, clerical staff, and employees working with, or under the
supervision of counsel, to the extent reasonably necessary to render professional
services in this action; and,

(c)

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Witnesses expected to testify at any deposition, hearing, or trial, including use
during the preparation of witnesses, and potential witnesses subject to such
witnesses’ agreement to be bound by the terms of this Order.

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Before including Confidential Information or discussing or referencing this material in

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court filings, the filing party shall confer with the designating party to determine whether the

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designating party will remove the confidential designation. The filing party shall also confer with

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the designating party as to whether the document can be redacted, or whether a motion to seal or

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Case 2:16-cv-02095-JCM-GWF Document 13 Filed 03/09/17 Page 3 of 5

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stipulation and proposed order is warranted.

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III.

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DESIGNATION OF CONFIDENTIAL MATERIAL
A.

Exercise of Restraint and Care in Designating Material for Protection. Each

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party designating information or items for protection under this Order shall limit any designation to

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specific material qualifying under the appropriate standards above. The designating party must

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only designate for protection those parts of material, documents, items, or oral or written

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communications qualifying for protection.

clearly unjustified or made for an improper purpose (e.g., to unnecessarily encumber or delay the

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case development process or to impose unnecessary expenses and burdens on the other parties)

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Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Mass, indiscriminate, or routinized designations are prohibited. Designations shown to be

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Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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may expose the designating party to sanctions.

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If it comes to a designating party’s attention information or items it designated for

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protection do not qualify for protection, the designating party must promptly notify all other parties

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it withdrew a mistaken designation.

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B.

Designation

of

Previously

Produced

Documents

and

Testimony

as

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Confidential. Within 30 days after the Court approves of and grants this Order, each party will

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designate what it believes to be Confidential Information by identifying documents containing

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Confidential Information by bates number or designating Confidential Information.

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C.

Manner and Timing of Designations. The designating party must affix the word

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“CONFIDENTIAL” to each page that contains confidential material. If only a portion of the

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material on a page qualifies for protection, the producing party must also clearly identify the

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protected portions(s) (e.g., by making appropriate markings in the margins or by redacting the

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material and marking it Confidential).

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2.

Oral testimony may be designated as Confidential during the deposition, or

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within fifteen business days after receipt of the transcript of such deposition, by sending written

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notice of the designation, and identifying by page and line, the portions of the transcript of the

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deposition, or other testimony, treated as Confidential.

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3.

Other tangible items: the producing party must affix, in a prominent place
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Case 2:16-cv-02095-JCM-GWF Document 13 Filed 03/09/17 Page 4 of 5

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on the exterior of the container or containers in which the information or item is stored, the word

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“CONFIDENTIAL.” If only a portion, or portions, of the information or item warrant protection,

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the producing party, to the extent practicable, shall identify the protected portion(s).
D.

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Inadvertent Failures to Designate.

If corrected within 10 business days, an

inadvertent failure to designate qualified information or items does not, standing alone, waive the

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designating party’s right to secure protection under this Order for such material. Upon notification

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by the designating party to the receiving party, that there was an inadvertent failure to designate,

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the receiving party must make reasonable efforts to ensure the material is treated in accordance

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with the provisions of this Order.

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A designation of materials as Confidential shall be made by affixing or placing the notice

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Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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“Confidential” on all such materials. The designation shall be affixed in a manner that does not

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interfere with the legibility or use of the materials. There shall be no such designation with respect

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to any materials except where the designating Party or Parties and their counsel of record have a

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reasonable, good faith belief that the materials in fact contain information subject to protection

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pursuant to the standards set forth in this Order.

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IV.

OBJECTIONS TO DESIGNATIONS OF CONFIDENTIAL MATERIAL

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Any time after the production of any materials designated as Confidential by one party, the

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other party may serve a notice of objection to such designation, stating the reasons for such

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objection. The Parties shall attempt to resolve the dispute informally, and in good faith, before

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seeking help from the Court to resolve any dispute relating to this stipulation. To the extent the

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Parties are unable to informally and in good faith resolve their differences after meeting and

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conferring, the designating party must file a motion to retain confidentiality under Local Rule 26-7.

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The burden of proving the appropriateness of the designation shall be upon the party designating

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the materials as confidential.

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considered Confidential.

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...

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...

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...

If no such motion is made, the materials shall no longer be

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Case 2:16-cv-02095-JCM-GWF Document 13 Filed 03/09/17 Page 5 of 5

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V.

CONCLUSION OF PROCEEDINGS
Following the termination of this litigation by final judgment, settlement or otherwise

(including appeals), the Parties agree the respective firms’ client file remain confidential.
THEREFORE, the Parties agree to the Stipulated Protective Order Concerning Confidential

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Information.

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DATED this 9th day of March, 2017.

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LAW OFFICES OF STEVEN J. PARSONS

OGLETREE, DEAKINS, NASH, SMOAK & STEWART,
P.C.

/s/ Andrew L. Rempfer
Andrew L. Rempfer
Nevada Bar No. 8628
10091 Park Run Drive
Suite 200
Las Vegas, NV 89145
Attorneys for Plaintiff

/s/ Suzanne L. Martin
Suzanne L. Martin
Nevada Bar No. 8833
Marcus B. Smith
Nevada Bar No. 12098
Wells Fargo Tower
Suite 1500
3800 Howard Hughes Parkway
Las Vegas, NV 89169
Attorneys for Defendant

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Wells Fargo Tower
Suite 1500, 3800 Howard Hughes Parkway
Las Vegas, NV 89169
Telephone: [phone]

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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DATED this 9th day of March, 2017.

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ORDER

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IT IS SO ORDERED.

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U.S. DISTRICT ES MAGISTRATE JUDGE
UNITED STATES MAGISTRATE JUD
ED STAT COURT JUDGE
AT
AT
GI
GIST

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March 10, 2017
DATED: _______________________

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