Spargo v. State Farm Fire and Casualty Company

Filing 20

STIPULATED PROTECTIVE ORDER re 14 Stipulation re Protective Order. Signed by Magistrate Judge George Foley, Jr on 5/1/17. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-03036-APG-GWF Document 14 Filed 05/10/17 Page 1 of 7

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JAMES E. HARPER
Nevada Bar No. 9822
TAYLOR G. SELIM
Nevada Bar No. 12091
HARPER | SELIM
1707 Village Center Circle, Suite 140
Las Vegas, Nevada 89134
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KIRSTEN SPARGO, an Individual;

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Plaintiff,
STIPULATED PROTECTIVE ORDER
GOVERNING CONFIDENTIAL
INFORMATION

vs.
STATE FARM FIRE AND CASUALTY
COMPANY d/b/a STATE FARM FIRE &
CASUALTY COMPANY, an Illinois
Company; DOES I-X; and ROE BUSINESS
ENTITIES XI-XX, inclusive,
Defendants.

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CASE NO.: 2:16-cv-03036-APG-GWF

In order to protect the confidentiality of confidential information obtained by the parties in
connection with this case, the parties hereby agree as follows:
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Any party or non-party may designate as “confidential” (by stamping the relevant

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page or otherwise set forth herein) any document or response to discovery which that party or non-

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party considers in good faith to contain information involving trade secrets, or confidential business

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or financial information, subject to protection under the Federal Rules of Civil Procedure of Nevada

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law (“Confidential Information”). Where a document or response consists of more than one page, the

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first page and each page on which confidential information appears shall be so designated.

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2.

A party or non-party may designate information disclosed during a deposition or in

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response to written discovery as “confidential” by so indicating in said response or on the record at

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the deposition and requesting the preparation of a separate transcript of such material. Additionally,

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Case 2:16-cv-03036-APG-GWF Document 14 Filed 05/10/17 Page 2 of 7

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a party or non-party may designate in writing, within twenty (20) days after receipt of said responses

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or of the deposition transcript for which the designation is proposed, that specific pages of the

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transcript and/or specific responses be treated as “confidential” information. Any other party may

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object to such proposal, in writing or on the record. Upon such objection, the parties shall follow the

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procedures described in paragraph 8 below. After any designation made according to the procedure

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set forth in this paragraph, the designated documents or information shall be treated according to the

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designation until the matter is resolved according to the procedures described in paragraph 8 below,

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and counsel for all parties shall be responsible for making all previously unmarked copies of the

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designated material in their possession or control with the specified designation.

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3.

All information produced or exchanged in the course of this case (other than

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information that is publicly available) shall be used by the party or parties to whom the information

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is produced solely for the purpose of this case.

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4.

Except with the prior written consent of other parties, or upon prior order of this

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Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to

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any person other than:

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(a)

counsel for the respective parties to this litigation, including in-house counsel and co-

counsel retained for this litigation;

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(b)

employees of such counsel;

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(c)

individual defendants, class representatives, any officer or employee of a party, to the

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extent deemed necessary by Counsel for the prosecution or defense of this litigation;
(d)

consultants or expert witnesses retained for the prosecution or defense of this

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litigation, provided that each such person shall execute a copy of the Certification annexed to this

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Order as Exhibit “A” (which shall be retained by counsel to the party so disclosing the Confidential

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Information and made available for inspection by opposing counsel during the pendency or after the

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termination of the action only upon good cause shown and upon order of the Court) before being

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shown or given any Confidential Information and provided that if the party chooses a consultant or

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expert employed by State Farm or one of its competitors (as listed on Appendix A), the party shall

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Case 2:16-cv-03036-APG-GWF Document 14 Filed 05/10/17 Page 3 of 7

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notify the opposing party, or designating non-party, before disclosing any Confidential Information

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to that individual and shall give the opposing party an opportunity to move for a protective order

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preventing or limiting such disclosure;

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(e)

any authors or recipients of the Confidential Information;

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(f)

the Court, Court personnel, and court reporters; and

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(g)

witnesses (other than persons described in paragraph 4(e)). A witness shall sign the

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Certification before being shown a confidential document Confidential Information may be

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disclosed to a witness who will not sign the Certification only in a deposition at which the party who

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designated the Confidential Information is represented or has been given notice that Confidential

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Information shall be designated “Confidential” pursuant to paragraph 2 above. Witnesses shown

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Confidential Information shall not be allowed to retain copies.
5.

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Any persons receiving Confidential Information shall not reveal or discuss such

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information to or with any person who is not entitled to receive such information, except as set forth

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herein.

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6.

Unless otherwise permitted by statute, rule or prior court order, papers filed with the

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court under seal shall be accompanied by a contemporaneous motion for leave to file those

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documents under seal, and shall be filed consistent with the court’s electronic filing procedures in

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accordance with Local Rule IA 10-5. Notwithstanding any agreement among the parties, the party

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seeking to file a paper under seal bears the burden of overcoming the presumption in favor of public

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access to papers filed in court. Kamakana v. City and County of Honolulu, 447 F.2d 1172 (9th Cir.

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2006); Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2010).

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7.

A party may designate as “Confidential” documents or discovery materials produced

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by a non-party by providing written notice to all parties of the relevant document numbers or other

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identification within thirty (3) days after receiving such documents or discovery materials. Any party

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or non-party may voluntarily disclose to others without restriction any information designated by

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that party or non-party as confidential, although a document may lose its confidential status if it is

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made public.

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Case 2:16-cv-03036-APG-GWF Document 14 Filed 05/10/17 Page 4 of 7

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8.

If a party contends that any material is not entitled to confidential treatment, such

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party may at any time given written notice to the other party or non-party who designated the

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material. The party or non-party who designated the material shall have twenty-five (25) days from

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the receipt of such written notice to apply to the Court for an order designated the material as

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confidential. The party or non-party seeking the order has the burden of establishing that the

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document is entitled to protection.

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9.

Notwithstanding any challenge to the designation of material as Confidential

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Information, all documents shall be treated as such and shall be subject to the provisions hereof

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unless and until one of the following occurs:

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(a)

the party or non-party claims that the material is Confidential Information withdraws

such designation in writing; or
(b)

the party or non-party who claims that the material is Confidential Information fails

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to apply to the Court for an order designating the material confidential within the time period

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specified above after receipt of a written challenge to such designation; or

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(c)

the Court rules the material is not confidential.

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10.

All provisions of this Order restricting the communication or use of Confidential

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Information shall continue to be binding after the conclusion of this action, unless otherwise agreed

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or ordered. Upon conclusion of the litigation, a party in the possession of Confidential Information,

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other than that which is contained in pleadings, correspondence, and deposition transcripts, shall

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either (a) return such documents no later than thirty (30) days after conclusion of this action to

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counsel for the party or non-party who provided such information, or (b) destroy such documents

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within the time period upon consent of the party who provided the information and certify in writing

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within thirty (30) days that the documents have been destroyed.

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11.

The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use

of documents at trial.

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Case 2:16-cv-03036-APG-GWF Document 14 Filed 05/10/17 Page 5 of 7

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12.

Nothing herein shall be deemed to waive any applicable privilege or work product,

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protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material

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protected by privilege or work product protection.

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13.

Any witness or other person, firm or entity from which discovery is sought may be

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informed of and may obtain the protection of this Order by written advice to the parties; respective

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counsel or by oral advise at the time of any deposition nor similar proceeding.

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CERTIFICATION

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I hereby certify my understanding that Confidential Information is being provided to me

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pursuant to the terms and restrictions of the Protective Order dated ____________, in Spargo v.

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State Farm Mutual Automobile Insurance Company, Case No. 2:16-cv-03036-APG-GWF. I have

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been given a copy of that Order and read it. I agree to be bound by the Order. I will not reveal the

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Confidential Information to anyone, except as allowed by the Order. I will maintain all such

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Confidential Information – including copies, notes, or other transcriptions made therefrom—in a

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secure manner to prevent unauthorized access to it. No later than thirty (30) days after the conclusion

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of this action, I will return the Confidential Information – including copies, notes or other

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transcriptions made therefrom – to the counsel who provided me with the Confidential Information. I

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hereby consent to the jurisdiction of the United States District Court for the purpose of enforcing the

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Protective Order.

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DATED this 10th day of May 2017.

DATED this 10th day of May 2017.

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CLAGGETT & SYKES LAW FIRM

HARPER | SELIM

__/s/ Sean K. Claggett__________________
SEAN K. CLAGGETT
Nevada Bar No. 8407
SAMUEL A. HARDING
Nevada Bar No. 1877
MATTHEW S .GRANDA
Nevada Bar No. 12753
4101 Meadows Lane, Suite 100
Las Vegas, NV 89107
Attorneys for Plaintiff

__/s/ James E. Harper________________
JAMES E. HARPER
Nevada Bar No. 9822
1707 Village Center Circle, Suite 140
Las Vegas, NV 89134
Attorneys for Defendant

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IT IS SO ORDERED.
___________________________________
UNITED STATES MAGISTRATE JUDGE
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DATED this 17th day of May, 2017.