Slack et al v. Parball Newco LLC et al

Filing 55

PROTECTIVE ORDER. Signed by Magistrate Judge Carl W. Hoffman on 8/8/2017. (Copies have been distributed pursuant to the NEF - SLD)

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Case 2:16-cv-02324-KJD-CWH Document 54 Filed 08/04/17 Page 1 of 11 1 2 3 4 5 6 7 8 9 10 11 ELAYNA J. YOUCHAH (Nev. Bar No. 5837) JACKSON LEWIS P.C. 3 800 Howard Hughes Parkway Suite 600 Las Vegas, NV 89169 Tel.: 702.921.2460 Fax: 702.921.2461 JOEL M. COHN (oro hac vice) ALLISON S. PAP'ADOPOULOS (pro hac vice) AKIN GUMP STRAUSS HAUER & FELD LLP 1333 New Ham2shire Avenue, NW Washington, D.C. 20036-1564 Telephone: 202.887.4000 Fax: 202.887.4288 j cohn(a)akingumy. com apapaaopoulos(!!Jakingump. com Attorney~ for defendants Parball Newco LLC and PHWLV, LLC 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 17 WILLIAM SLACK, HARRY STROCK, and EDWARD CHAMP A, on behalf of themselves, and all others similarly situated, 18 19 20 21 22 23 24 25 Plaintiff, Case No. 2: 16-cv-02324-RFB-CWH STIPULATED PROTECTIVE ORDER vs. PARBALL NEWCO LLC dba BALLY'S, PARBALL CORP., PARBALL LLC, PHWL V, LLC dba PLANET HOLLYWOOD LAS VEGAS RESORT AND CASINO, and "JOHN DOE CORPORATIONS" 1 to 50, name fictitious, actual name and number unknown, Defendants. 26 27 28 This protective order will govern documents and information produced by the Case 2:16-cv-02324-KJD-CWH Document 54 Filed 08/04/17 Page 2 of 11 1 parties in Slack, et al. v. Par ball Newco LLC, et al., No 2: 16-cv-02324-RFB-CWH (D. 2 Nev.). Pursuant to Federal Rule of Civil Procedure 26(c) and Local Rule ofPractice 3 26-7, the parties may designate any documents and/or information as "confidential" 4 consistent with the provisions of this protective order. 5 I. 6 DESIGNATION AND USE OF CONFIDENTIAL MATERIAL A. During the course of this litigation, any party may seek to have discovery 7 material classified as "confidential" if the designating party in good faith believes that 8 the material contains protected, non-public confidential information under federal or 9 state law. Such material is referred to herein as "confidential material" and the party 10 11 designating the material is referred to herein as the "designating party." B. "Confidential material" includes all discovery produced by parties that 12 falls within one or more of the following categories: (a) information prohibited from 13 disclosure by statute, regulation, or court rule; (b) trade secrets or other non-public 14 information of a proprietary, strategic, and/or competitively sensitive nature; (c) state 15 or federal income tax information, (d) employment records of past, present, or 16 prospective employees of Parball Newco dba Bally's, Parball Corp., Parball LLC, 17 PHWL V LLC dba Planet Hollywood Las Vegas Resort and Casino, Paris LV 18 Operating Co., LLC, including but not limited to: (1) compensation and benefit 19 information; (2) work histories and performance evaluations/ratings; (3) information 20 regarding complaints of discrimination, retaliation, or harassment and investigative 21 files pertaining to such complaints; (4) medical and health-related information; ( 5) 22 information about disciplinary action, including terminations or suspensions; and (6) 23 personal information, including home and email addresses, dates of birth, telephone 24 numbers, banking or other financial information, and social security numbers. The 25 parties will comply with the local rules regarding the redaction of sensitive 26 information. 27 28 C. The designating party will mark each page "confidential" of documents designated as such. The designation will avoid obscuring or defacing any portion of 2 Case 2:16-cv-02324-KJD-CWH Document 54 Filed 08/04/17 Page 3 of 11 1 the document. All copies of confidential discovery material will also be considered 2 confidential. The designating party may designate confidential a range of documents 3 or pages, accompanied by a writing identifying the range as confidential. If a party 4 inadvertently fails to designate discovery material as confidential, but subsequently 5 determines that such material should have been so designated, it will provide written 6 notice of the confidential designation and to the extent practicable the material will be 7 treated as confidential from the date notice is received. If a party designates material 8 as confidential and later determines that it should not have been so designated, it will 9 provide the opposing party written notice of the removal of the designation and a copy 10 11 of the material without the confidential marking. D. All confidential material and any portion thereof, and any information 12 derived therefrom, will be deemed confidential and will be used only in this action 13 including for possible resolution of the asserted claims. 14 E. Material designated confidential, including copies and any information 15 derived therefrom, will not be disclosed to anyone other than: (a) the Court and its 16 personnel; (b) counsel of record; (c) stenographic reporters; (d) the named parties in 17 Slack, et al. v. Par ball Newco, LLC, et al; (e) any current or former officers, directors, 18 or employees of the parties who are needed to assist counsel; (f) and the following, 19 provided they expressly agree to be bound by the terms of this stipulated protective 20 order by executing the form attached as exhibit A: (i) any retained expert witness or 21 consultant regarding this action; (ii) fact witnesses and potential witnesses at, or in 22 preparation for, deposition, trial, or hearing in this action, or who otherwise require 23 the information to assist counsel in this action; and (iii) outside vendors who perform 24 photocopying, data entry, or similar clerical functions. 25 Confidential material may not be disclosed to any other person or entity without 26 prior written consent of the designating party or court order. Such disclosure should 27 be made only to the extent reasonably necessary for effective prosecution and defense 28 of the claims in this action and for no other purpose. Confidential materials may not 3 Case 2:16-cv-02324-KJD-CWH Document 54 Filed 08/04/17 Page 4 of 11 be used in any other legal action, unless the designating party certifies in writing that 2 such a use is permitted. However, nothing will preclude a recipient party from using 3 testimony obtained in this action for impeachment purposes in other litigation. 4 II. 5 CONDITIONS OF DISCLOSURE A. Before disclosing confidential material to persons qualified to receive it, 6 counsel for the requesting party will secure from each such person who is not a party 7 to this lawsuit the signed exhibit A, which provides that he or she (i) has read or has 8 had explained to them and understands this stipulated protective order, (ii) will not 9 divulge any confidential material except in the preparation, trial, or appeal of this 10 action and in accordance with the terms of the stipulated protective order, and (iii) will 11 not use the material for any other purpose. 12 B. The parties' counsel will be responsible for distribution and control of 13 confidential material who will maintain a list of all persons to whom confidential 14 material has been disclosed and the executed written forms referenced in paragraphs 15 I.E. and II.A. Confidential material will be copied only by counsel or personnel or 16 outside vendors assisting counsel and only for purposes permitted by this order. For 17 good cause shown, a designating party may request an order directing the disclosure 18 of all persons to whom confidential material has been disclosed as well as the written 19 assurances executed by such persons. 20 C. The restrictions set forth in this protective order will not apply to any 21 information that is or becomes public knowledge through its authorized release and 22 not in violation of this order. If confidential material is produced by a third party that 23 any party believes to be confidential, the parties in this litigation may designate the 24 material as such by marking it confidential and providing the marked copy to the 25 opposing party who will either ( 1) agree the material is confidential under the terms of 26 this protective order, or (2) inform the designating party that it disagrees that the 27 material should be governed by the terms of this protective order, but nonetheless will 28 treat the material as confidential for at least 20 days from notice of the confidentiality 4 Case 2:16-cv-02324-KJD-CWH Document 54 Filed 08/04/17 Page 5 of 11 designation, to provide the party desiring protection sufficient time to seek relief from 2 the Court. Treatment of the material as confidential will continue until the Court 3 resolves the issue. 4 III. A. 5 6 PROTECTING CONFIDENTIAL INFORMATION AT DEPOSITIONS During a deposition, either party may request any person present to sign the attached exhibit A. B. 7 To designate confidential information in testimony, the designating party 8 will (a) make an oral statement to that effect on the record, or (b) notify the recipient 9 in writing within 20 days after receipt of the transcript. C. 10 If confidential material is marked as an exhibit in a deposition, hearing, 11 or other proceeding in this action, and its contents are disclosed in testimony at such 12 proceeding, counsel for the parties will (a) advise the reporter that the exhibit refers to 13 confidential material or (b) notify the reporter in writing within 20 days after receipt 14 of the transcript. In either instance, the exhibit and related portions of the transcript 15 containing such disclosure will be marked confidential and will be deemed as such. 16 The reporter will not furnish copies to anyone other than to counsel of record and, if 17 requested by counsel, the witness, and the witness's counsel. 18 IV. USE OF CONFIDENTIAL INFORMATION IN COURT FILINGS 19 Confidential material will be filed or submitted to the Court under seal as set 20 forth in Local Rule ofPractice IA 10-5 unless the parties agree in advance that such 21 sealing is unnecessary. 22 No document will be filed under seal unless counsel secures a court order 23 allowing the filing of a document, or portion thereof, under seal. An application to 24 file a document under seal will be served on opposing counsel, and on the person or 25 entity that has custody and control of the document, if it is different from opposing 26 counsel. If opposing counsel or the person or entity that has custody and control of 27 the document wishes to oppose the application, he/she must contact the chambers of 28 the judge who will rule on the application to notify the Court that an opposition to the 5 Case 2:16-cv-02324-KJD-CWH Document 54 Filed 08/04/17 Page 6 of 11 1 application will be filed. The parties will abide by applicable law, including Local 2 Rule of Practice IA 10-5, with respect to filing documents under seal. For motions 3 that refer to confidential material, the parties will publicly file a redacted version of 4 the filing. 5 v. CHALLENGING A CONFIDENTIAL DESIGNATION 6 A party may dispute the designation of discovery material as confidential, in 7 which event the objecting party will notify the designating party in writing of such 8 dispute. The notice will identify the disputed material and explain the basis for the 9 objection. The designating party will have 10 days to provide a written response by 10 facsimile or electronic mail to the notice, explaining its reason for designating the 11 material as confidential. Should the objecting party dispute such reasons, it will so 12 notify the designating party, who will have 20 days from the date of such notice to 13 seek relief from the Court sustaining confidential status. If no such motion is filed 14 within the 20 day period the designating party will waive the confidential designation 15 of the materials. The designating party will have the burden of demonstrating that the 16 material is properly designated as confidential. In the event of a dispute, the parties 17 will continue to treat the disputed material as confidential until the dispute is resolved 18 or the designating party has waived the confidential designation. 19 VI. 20 NON-PARTY SUBPOENAS If any party receives a subpoena from any non-party to this protective order 21 seeking disclosure of confidential material, that party (the "subpoenaed party") will 22 give notice, as soon as practicable and in no event more than five business days after 23 receiving the subpoena, to counsel for the designating party. The subpoenaed party 24 will not disclose any confidential material for seven business days after providing 25 notice to the other party, and in no event make disclosure before notice is given. If, 26 within this seven business day period, Court relief is sought from the subpoena with 27 regard to any confidential material, the subpoenaed party will wait for the Court to 28 resolve the issue, unless the Court orders otherwise. Nothing herein is intended to be 6 Case 2:16-cv-02324-KJD-CWH Document 54 Filed 08/04/17 Page 7 of 11 construed as authorizing a party to disobey a lawful subpoena issued in another action. 2 VII. NO RESTRICTIONS 3 Nothing in this protective order will: (a) restrict any party with respect to its 4 own material or to discovery material that has not been designated confidential; (b) 5 prejudice any party's rights to object to the production or disclosure of information it 6 considers not subject to discovery; (c) restrict the proper scope of discovery that can 7 be sought by any party; or (d) prejudice any party's right to seek relief from the terms 8 of this protective order. Nothing in this protective order will be deemed to limit or waive the attorney- 9 10 client, work product, or any other privilege or is intended to affect the admissibility of 11 any confidential material. Pursuant to Rule 502(d) of the Federal Rules of Evidence, 12 attorney-client, work product, or any other privilege will not be waived by disclosure 13 connected to this litigation. Requests for confidentiality or sealing of any hearing or 14 trial will be made to the presiding judge. The Court may modify this protective order in the interests of justice or for 15 16 public policy reasons on its own initiative. 17 VIII. RETURN OF CONFIDENTIAL MATERIALS Within 60 days after this action is concluded, including any appeals, materials 18 19 designated as confidential, and any copies thereof, will be destroyed or if the 20 designating party desires returned to the designating party at that party's expense. 21 This provision will not apply to court filings or copies of pleadings, briefs, or 22 correspondence maintained by counsel during the ordinary course of business. Any 23 destruction of confidential material will be verified in writing within 10 days of such 24 destruction. 25 IX. 26 BINDING EFFECT This protective order will remain in full force and effect at all times during 27 which any party to this protective order or any person having executed the attached 28 exhibit A retains in his, her, or its possession, custody, or control any confidential 7 Case 2:16-cv-02324-KJD-CWH Document 54 Filed 08/04/17 Page 8 of 11 material. 2 X. ADDITIONAL PARTIES TO LAWSUIT 3 If other parties are added to this action, confidential material will be not be 4 disclosed to such parties or their counsel except upon agreeing to be bound by the 5 provisions of this protective order. 6 XI. 7 ADDITIONAL RIGHTS This protective order is without prejudice to the right of any party to move the 8 Court, pursuant to Fed. R. Civ. P. 26(c) or Local Rule of Practice 26-7, for an order 9 seeking protection of confidential material sought by or produced through discovery, 10 which protection is different from or in addition to that provided for in this protective 11 order, and such right is expressly reserved. Similarly, each party reserves the right to 12 request the Court to order disclosure other than contemplated hereunder of materials 13 subject to this protective order. 14 15 SO STIPULATED. 16 Dated: August 4, 2017 17 18 19 20 21 22 23 24 ~j~\11 ~~Z' I 4~n LEON GREENBEG '}sf DANA SNIEGOCKI LEON GREENBERG PROFESSIONAL CORPORATION 2965 South Jones Blvd. Suite E3 Las Vegas, Nevada 89146 Tel.: 702.383.6085 Fax: 702.385.1827 leongreenberg(a)overtimelaw. com dana@overtimetaw. com (Nev. Bar No. 5837) JACKSON LEWIS P.C. 3 800 Howard Hughes Parkway Suite 600 Las Vegas, NV 89169 Tel.: 702.921.2460 Fax: 702.921.2461 JOEL M. COHN (oro hac vice) ALLISON PAPAOOPOULOS (pro hac vice) AK(N GUMP STRAUSS HAUER & FELDLLP 1333 New Hampshire Avenue, NW Washington, DC 20036 Telephone: 202.887.4000 Fax: 202.887.4288 jcohn(ciJakin~ump. com 25 26 Attorneys for plaintiffs 27 28 8 Case 2:16-cv-02324-KJD-CWH Document 54 Filed 08/04/17 Page 9 of 11 MAGISTRATE JUDGE August 8, 2017 Case 2:16-cv-02324-KJD-CWH Document 54 Filed 08/04/17 Page 10 of 11 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I, _ _ _ _ _ _ _ _ _ _ _ _ _ [print or type full name], of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ [print or type full address], declare under penalty of perjury that I have read and understand, or have been advised by an attorney about the contents of, the Stipulated Protective Order that was issued by the United States District Court for the District ofNevada in Slack, et al. v. Parball Newco LLC, et al., No 2:16-cv-02324-RFB-CWH (D. Nev.). I agree to comply with and be bound by all the terms of this Stipulated Protective Order and keep confidential (meaning not disclose to any other person) the materials and information subject to the same. I understand that failure to do so may expose me to sanctions and punishment. I further agree to submit to the jurisdiction of the United States District Court for the District of Nevada for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. 17 18 Date: - - - - - - - - - - - - - - City and State where sworn and signed: _ _ _ _ _ _ _ _ _ _ _ _ _ __ 19 20 Printed name: [printed name] 21 22 Signature: [signature] 23 24 25 26 27 28 10 Case 2:16-cv-02324-KJD-CWH Document 54 Filed 08/04/17 Page 11 of 11 1 2 CERTIFICATE OF SERVICE 3 I hereby certify that the above and foregoing was electronically filed using the 4 Court's CM/ECF system on this 4th day of August, 2017, which will send electronic 5 notification of this filing to all counsel of record. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Is/ Allison S. Papadopoulos Allison S. Papadopoulos

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