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)

Case 2:17-cv-00391-JAD-PAL Document 21 Filed 04/27/17 Page 1 of 7

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FREIMAN LAW
Lawrence W. Freiman
Nevada State Bar No. 10588
[e-mail]
100 Wilshire Blvd., Suite 700
Santa Monica, CA 90401
Telephone:
[phone]
Facsimile:
[phone]
Michelle M. Jones
Nevada State Bar No. 8505
703 S. Eighth Street
Las Vegas, NV 89101
Telephone:
[phone]
Facsimile:
[phone]
Designated Attorney for Service in Nevada Only

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Attorneys for Plaintiff
THEO ROFOLI

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[additional counsel on next page]

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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THEO ROFOLI,

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Case No. 2:17-cv-00391-JAD-PAL
Plaintiff,

v.
ZURICH AMERICAN INSURANCE
COMPANY; and DOES 1-20, inclusive,
Defendants.

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[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:

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February 8, 2017
None Set

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[PROPOSED] JOINT STIPULATION FOR PROTECTIVE ORDER
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Case 2:17-cv-00391-JAD-PAL Document 21 Filed 04/27/17 Page 2 of 7

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SEYFARTH SHAW LLP
Erin Dougherty Foley (pro hac vice)
[e-mail]
233 S. Wacker Drive, Suite 8000
Chicago, IL 60606-6448
Telephone:
[phone]
Facsimile:
[phone]
Jennifer R. Nunez (pro hac vice pending)
2029 Century Park East, Suite 3500
Los Angeles, California 90067-3021
Telephone:
[phone]
Facsimile:
[phone]
BAUMAN LOEWE WITT & MAXWELL, PLLC
Michael C. Mills
Nevada State Bar No. 3534
[e-mail]
3650 N. Rancho Drive, Suite 114
Las Vegas, NV 89130
Telephone:
[phone]
Facsimile:
[phone]
Designated Attorney for Service in Nevada Only
Attorneys for Defendant
ZURICH AMERICAN INSURANCE COMPANY

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[PROPOSED] JOINT STIPULATION FOR PROTECTIVE ORDER
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Case 2:17-cv-00391-JAD-PAL Document 21 Filed 04/27/17 Page 3 of 7

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Plaintiff Theo Rofoli (“Plaintiff”) and Defendant Zurich American Insurance Company

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(“Defendant”) (collectively, the “Parties”), stipulate and agree, through their respective attorneys of

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record, to the entry of this Protective Order to protect the confidential status of protected information

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during discovery in this litigation.

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It appearing to the Court that the Parties are in agreement that some or all of the Parties, and non-

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parties who may be subject to subpoena, possess or may possess information that is confidential

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personal or business information, confidential financial information, proprietary information, trade

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secrets or other confidential information that may be subject to discovery in the proceedings in this

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matter but, if made available to the public generally, might adversely affect a party’s competitive

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position or business operations, this Court hereby orders that:
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All documents produced or information disclosed and any other documents or records

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designated as “confidential” by any of the Parties or by a non-party subjected to subpoena shall be

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revealed only to: (1) the Parties; (2) the Parties’ counsel of record in this action; (3) paralegals,

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secretarial employees under counsel’s direct supervision; (4) the Court and necessary Court staff;

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(5) any court reporter personnel retained to transcribe the testimony or argument at a hearing, trial or

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deposition in this action; (6) such persons employed to act as experts and consultants in these actions;

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(7) witnesses; (8) members of the jury; (9) any person agreed upon by the parties to serve as a mediator

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in this litigation; and (10) any employee, former employee, agent or independent contractor of any party

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who is requested by counsel to assist in the defense or prosecution of this litigation, provided, however,

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that disclosure of the Confidential Information to said individual is made only to the extent necessary for

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the employee, former employee, agent or independent contractor to perform such assistance. The

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information considered as “confidential” and disclosed only in accord with the terms of this paragraph

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shall include, without limitation, any document or discovery response provided in the course of this

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litigation that constitutes or contains confidential personal or business information, confidential financial

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information, proprietary information, trade secrets, or any other information or documentation supplied

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in response to discovery requests which, if disclosed, might adversely affect a party’s competitive

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position or business operations. Any document or information designated as “confidential” shall bear

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the label or stamp “Subject to Protective Order.”
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2.

A party may apply to the Court for a ruling that a confidential document (or category of

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documents) or other information is not entitled to such status and protection. The party or other person

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that designated the document or information as confidential shall be given notice of the application and

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an opportunity to respond. In any such instance, the burden of proving the propriety of the purported

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confidentiality shall be on the proponent of such confidentiality. Until the Court rules otherwise, the

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Parties shall continue to treat such documents or information as confidential.

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3.

Counsel for the Parties shall use all documents and information produced or disclosed

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solely for the purposes of discovery, motion practice, preparation for and trial of this action. Under no

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circumstances shall information or materials covered by this Protective Order be disclosed to anyone

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other than: (1) the Parties; (2) the Parties’ counsel of record in this action; (3) paralegals, secretarial

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employees under counsel’s direct supervision; (4) the Court and necessary Court staff; (5) any court

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reporter personnel retained to transcribe the testimony or argument at a hearing, trial or deposition in

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this action; (6) such persons employed to act as experts and consultants in these actions; (7) witnesses;

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(8) members of the jury; (9) any person agreed upon by the parties to serve as a mediator in this

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litigation; and (10) any employee, former employee, agent or independent contractor of any party who is

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requested by counsel to assist in the defense or prosecution of this litigation, provided, however, that

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disclosure of the Confidential Information to said individual is made only to the extent necessary for the

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employee, former employee, agent or independent contractor to perform such assistance. Within thirty

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(30) days of the final conclusion of the proceedings in these actions, whether by settlement, final

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judgment, or final exhaustion of all available appeals, all documents and information subject to this

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Order, including any copies or extracts or summaries thereof, or documents containing information

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taken therefrom, shall be returned to the disclosing party or destroyed, whichever the disclosing party

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chooses.

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4.

If counsel for the Parties determines that for purposes of this action, documents or

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information produced and designated as “confidential” must be revealed to a person employed to act as

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an expert in this action, then counsel may reveal the designated documents or information to such

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person, after first complying with the following:

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(a)

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Counsel for the Parties shall have the expert read this Order and shall explain the
contents thereof to such expert.

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(b)

Counsel for the Parties shall require such expert to sign a copy of this protective

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order that states: “I have read and understood the terms of this protective order. I

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further agree to be bound by its terms.” Nothing in this paragraph shall be

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deemed to enlarge the right to conduct discovery of any of the Parties’ experts,

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except solely with respect to the ability of such expert to protect confidential

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information and documents from re-disclosure.

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5.

Before documents designated “confidential” or the information contained therein may be

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referred to in the course of depositions or to any appellate proceeding, or made exhibits to depositions

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and to the extent that those present do not already fall within the scope of the categories of individuals

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described in above, the deponent, all counsel, and other persons present at the deposition, or who review

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the transcript thereof, shall be informed of and agree to comply with the terms of this Protective Order.

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6.

A party may designate as “confidential” testimony given during a deposition which, in

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good faith, it deems confidential, provided that the portion of the transcript relating to such confidential

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testimony shall be stamped confidential in accordance with the provisions of paragraph 1. A party may

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designate as “confidential” any deposition testimony or deposition exhibits, by notice to the Parties,

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within 30 days of the date that the deposition transcript is received by a party. All provisions of this

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Protective Order shall apply to all deposition transcripts and/or testimony designated as “confidential.”

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7.

Inadvertent Production of Privileged Information: If, at any time, a party discovers that it

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produced information that it reasonably believes is subject to protection under the attorney/client, work-

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product, or trial-preparation privileges, then it must promptly notify each Receiving Party of the claim

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for protection, the basis for it, and amend its privilege log accordingly. Whenever possible, the

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producing party must produce substitute information that redacts the information subject to the claimed

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protection. The Receiving Party must thereupon promptly return, sequester, or destroy the information

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and any copies it has; must not use or disclose the information until the claim is resolved; must take

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reasonable steps to retrieve the information if the party disclosed before being notified; and may

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promptly present the information to the Court under seal for a determination of the claim. The

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producing party must preserve the information until the claim is resolved.

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8.

This Order is subject to revocation and modification by Order of the Court upon written

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stipulation of the Parties, or upon motion and reasonable notice, including opportunity for hearing and

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presentation of evidence.

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9.

Nothing contained within this agreement shall be construed to bear upon the admissibility

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of documents, confidential or otherwise, or restrict the use of said documents at trial. If such documents

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are admitted, however, the Court shall take appropriate measures to protect their confidentiality.

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IT IS SO STIPULATED.
DATED: April 26, 2017

Respectfully submitted,

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SEYFARTH SHAW LLP

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By: /s/ Erin Dougherty Foley
Erin Dougherty Foley
Jennifer R. Nunez
Michael C. Mills
Attorneys for Defendant
Zurich American Insurance Company

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DATED: April 26, 2017

Respectfully submitted,
FREIMAN LAW

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By: /s/ Lawrence W. Freiman
Lawrence W. Freiman
Michelle M. Jones
Attorneys for Plaintiff Theo Rofoli

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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.

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IT IS SO ORDERED:

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Judge
Judge
dge
dg
UNITED STATES

JUDGE

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DATED:

May 5

, 2017
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[PROPOSED] JOINT STIPULATION FOR PROTECTIVE ORDER

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