Rofoli v. Zurich American Insurance Company

Filing 22

STIPULATED PROTECTIVE ORDER re 19 Joint Stipulation for Protective Order. Signed by Magistrate Judge Peggy A. Leen on 5/5/17. (Copies have been distributed pursuant to the NEF - MMM)

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Case 2:17-cv-00391-JAD-PAL Document 21 Filed 04/27/17 Page 1 of 7 1 2 3 4 5 6 7 8 9 FREIMAN LAW Lawrence W. Freiman Nevada State Bar No. 10588 lawrence@freimanlaw.com 100 Wilshire Blvd., Suite 700 Santa Monica, CA 90401 Telephone: (310) 917-1024 Facsimile: (888) 835-8511 Michelle M. Jones Nevada State Bar No. 8505 703 S. Eighth Street Las Vegas, NV 89101 Telephone: (702) 385-1067 Facsimile: (702) 386-9825 Designated Attorney for Service in Nevada Only 10 Attorneys for Plaintiff THEO ROFOLI 11 [additional counsel on next page] 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 THEO ROFOLI, 17 18 19 20 Case No. 2:17-cv-00391-JAD-PAL Plaintiff, v. ZURICH AMERICAN INSURANCE COMPANY; and DOES 1-20, inclusive, Defendants. 21 [Assigned to United States District Judge Jennifer A. Dorsey] [PROPOSED] JOINT STIPULATION FOR PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF DOCUMENTS AND INFORMATION Complaint Filed: Trial Date: 22 February 8, 2017 None Set 23 24 25 26 27 28 [PROPOSED] JOINT STIPULATION FOR PROTECTIVE ORDER 38466641v.1 Case 2:17-cv-00391-JAD-PAL Document 21 Filed 04/27/17 Page 2 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 SEYFARTH SHAW LLP Erin Dougherty Foley (pro hac vice) edfoley@seyfarth.com 233 S. Wacker Drive, Suite 8000 Chicago, IL 60606-6448 Telephone: (312) 460-5000 Facsimile: (312) 460-7000 Jennifer R. Nunez (pro hac vice pending) 2029 Century Park East, Suite 3500 Los Angeles, California 90067-3021 Telephone: (310) 201-1582 Facsimile: (310) 551-8419 BAUMAN LOEWE WITT & MAXWELL, PLLC Michael C. Mills Nevada State Bar No. 3534 mmills@blwmlawfirm.com 3650 N. Rancho Drive, Suite 114 Las Vegas, NV 89130 Telephone: (702) 240-6060 Facsimile: (702) 240-4267 Designated Attorney for Service in Nevada Only Attorneys for Defendant ZURICH AMERICAN INSURANCE COMPANY 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 [PROPOSED] JOINT STIPULATION FOR PROTECTIVE ORDER 38466641v.1 Case 2:17-cv-00391-JAD-PAL Document 21 Filed 04/27/17 Page 3 of 7 1 Plaintiff Theo Rofoli (“Plaintiff”) and Defendant Zurich American Insurance Company 2 (“Defendant”) (collectively, the “Parties”), stipulate and agree, through their respective attorneys of 3 record, to the entry of this Protective Order to protect the confidential status of protected information 4 during discovery in this litigation. 5 It appearing to the Court that the Parties are in agreement that some or all of the Parties, and non- 6 parties who may be subject to subpoena, possess or may possess information that is confidential 7 personal or business information, confidential financial information, proprietary information, trade 8 secrets or other confidential information that may be subject to discovery in the proceedings in this 9 matter but, if made available to the public generally, might adversely affect a party’s competitive 10 11 position or business operations, this Court hereby orders that: 1. All documents produced or information disclosed and any other documents or records 12 designated as “confidential” by any of the Parties or by a non-party subjected to subpoena shall be 13 revealed only to: (1) the Parties; (2) the Parties’ counsel of record in this action; (3) paralegals, 14 secretarial employees under counsel’s direct supervision; (4) the Court and necessary Court staff; 15 (5) any court reporter personnel retained to transcribe the testimony or argument at a hearing, trial or 16 deposition in this action; (6) such persons employed to act as experts and consultants in these actions; 17 (7) witnesses; (8) members of the jury; (9) any person agreed upon by the parties to serve as a mediator 18 in this litigation; and (10) any employee, former employee, agent or independent contractor of any party 19 who is requested by counsel to assist in the defense or prosecution of this litigation, provided, however, 20 that disclosure of the Confidential Information to said individual is made only to the extent necessary for 21 the employee, former employee, agent or independent contractor to perform such assistance. The 22 information considered as “confidential” and disclosed only in accord with the terms of this paragraph 23 shall include, without limitation, any document or discovery response provided in the course of this 24 litigation that constitutes or contains confidential personal or business information, confidential financial 25 information, proprietary information, trade secrets, or any other information or documentation supplied 26 in response to discovery requests which, if disclosed, might adversely affect a party’s competitive 27 position or business operations. Any document or information designated as “confidential” shall bear 28 the label or stamp “Subject to Protective Order.” 1 [PROPOSED] JOINT STIPULATION FOR PROTECTIVE ORDER 38466641v.1 Case 2:17-cv-00391-JAD-PAL Document 21 Filed 04/27/17 Page 4 of 7 1 2. A party may apply to the Court for a ruling that a confidential document (or category of 2 documents) or other information is not entitled to such status and protection. The party or other person 3 that designated the document or information as confidential shall be given notice of the application and 4 an opportunity to respond. In any such instance, the burden of proving the propriety of the purported 5 confidentiality shall be on the proponent of such confidentiality. Until the Court rules otherwise, the 6 Parties shall continue to treat such documents or information as confidential. 7 3. Counsel for the Parties shall use all documents and information produced or disclosed 8 solely for the purposes of discovery, motion practice, preparation for and trial of this action. Under no 9 circumstances shall information or materials covered by this Protective Order be disclosed to anyone 10 other than: (1) the Parties; (2) the Parties’ counsel of record in this action; (3) paralegals, secretarial 11 employees under counsel’s direct supervision; (4) the Court and necessary Court staff; (5) any court 12 reporter personnel retained to transcribe the testimony or argument at a hearing, trial or deposition in 13 this action; (6) such persons employed to act as experts and consultants in these actions; (7) witnesses; 14 (8) members of the jury; (9) any person agreed upon by the parties to serve as a mediator in this 15 litigation; and (10) any employee, former employee, agent or independent contractor of any party who is 16 requested by counsel to assist in the defense or prosecution of this litigation, provided, however, that 17 disclosure of the Confidential Information to said individual is made only to the extent necessary for the 18 employee, former employee, agent or independent contractor to perform such assistance. Within thirty 19 (30) days of the final conclusion of the proceedings in these actions, whether by settlement, final 20 judgment, or final exhaustion of all available appeals, all documents and information subject to this 21 Order, including any copies or extracts or summaries thereof, or documents containing information 22 taken therefrom, shall be returned to the disclosing party or destroyed, whichever the disclosing party 23 chooses. 24 4. If counsel for the Parties determines that for purposes of this action, documents or 25 information produced and designated as “confidential” must be revealed to a person employed to act as 26 an expert in this action, then counsel may reveal the designated documents or information to such 27 person, after first complying with the following: 28 2 [PROPOSED] JOINT STIPULATION FOR PROTECTIVE ORDER 38466641v.1 Case 2:17-cv-00391-JAD-PAL Document 21 Filed 04/27/17 Page 5 of 7 1 (a) 2 Counsel for the Parties shall have the expert read this Order and shall explain the contents thereof to such expert. 3 (b) Counsel for the Parties shall require such expert to sign a copy of this protective 4 order that states: “I have read and understood the terms of this protective order. I 5 further agree to be bound by its terms.” Nothing in this paragraph shall be 6 deemed to enlarge the right to conduct discovery of any of the Parties’ experts, 7 except solely with respect to the ability of such expert to protect confidential 8 information and documents from re-disclosure. 9 5. Before documents designated “confidential” or the information contained therein may be 10 referred to in the course of depositions or to any appellate proceeding, or made exhibits to depositions 11 and to the extent that those present do not already fall within the scope of the categories of individuals 12 described in above, the deponent, all counsel, and other persons present at the deposition, or who review 13 the transcript thereof, shall be informed of and agree to comply with the terms of this Protective Order. 14 6. A party may designate as “confidential” testimony given during a deposition which, in 15 good faith, it deems confidential, provided that the portion of the transcript relating to such confidential 16 testimony shall be stamped confidential in accordance with the provisions of paragraph 1. A party may 17 designate as “confidential” any deposition testimony or deposition exhibits, by notice to the Parties, 18 within 30 days of the date that the deposition transcript is received by a party. All provisions of this 19 Protective Order shall apply to all deposition transcripts and/or testimony designated as “confidential.” 20 7. Inadvertent Production of Privileged Information: If, at any time, a party discovers that it 21 produced information that it reasonably believes is subject to protection under the attorney/client, work- 22 product, or trial-preparation privileges, then it must promptly notify each Receiving Party of the claim 23 for protection, the basis for it, and amend its privilege log accordingly. Whenever possible, the 24 producing party must produce substitute information that redacts the information subject to the claimed 25 protection. The Receiving Party must thereupon promptly return, sequester, or destroy the information 26 and any copies it has; must not use or disclose the information until the claim is resolved; must take 27 reasonable steps to retrieve the information if the party disclosed before being notified; and may 28 3 [PROPOSED] JOINT STIPULATION FOR PROTECTIVE ORDER 38466641v.1 Case 2:17-cv-00391-JAD-PAL Document 21 Filed 04/27/17 Page 6 of 7 1 promptly present the information to the Court under seal for a determination of the claim. The 2 producing party must preserve the information until the claim is resolved. 3 8. This Order is subject to revocation and modification by Order of the Court upon written 4 stipulation of the Parties, or upon motion and reasonable notice, including opportunity for hearing and 5 presentation of evidence. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 [PROPOSED] JOINT STIPULATION FOR PROTECTIVE ORDER 38466641v.1 Case 2:17-cv-00391-JAD-PAL Document 21 Filed 04/27/17 Page 7 of 7 1 9. Nothing contained within this agreement shall be construed to bear upon the admissibility 2 of documents, confidential or otherwise, or restrict the use of said documents at trial. If such documents 3 are admitted, however, the Court shall take appropriate measures to protect their confidentiality. 4 5 IT IS SO STIPULATED. DATED: April 26, 2017 Respectfully submitted, 6 SEYFARTH SHAW LLP 7 8 By: /s/ Erin Dougherty Foley Erin Dougherty Foley Jennifer R. Nunez Michael C. Mills Attorneys for Defendant Zurich American Insurance Company 9 10 11 12 13 DATED: April 26, 2017 Respectfully submitted, FREIMAN LAW 14 15 By: /s/ Lawrence W. Freiman Lawrence W. Freiman Michelle M. Jones Attorneys for Plaintiff Theo Rofoli 16 17 18 19 20 Pursuant to LR IC 5-1, the filer attests that all other signatories listed, and on whose behalf this filing is submitted, concur in the filing’s content and have authorized the filing. 21 22 23 24 IT IS SO ORDERED: 25 26 Judge Judge dge dg UNITED STATES JUDGE 27 28 DATED: May 5 , 2017 5 [PROPOSED] JOINT STIPULATION FOR PROTECTIVE ORDER 38466641v.1

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