Rohde v. Progressive Direct Insurance Company

Filing 15

ORDER Denying 14 Stipulation re Confidentiality Agreement. See Order for details. Signed by Magistrate Judge Nancy J. Koppe on 8/16/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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RANDY ROHDE,

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Plaintiff(s),
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vs.
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PROGRESSIVE DIRECT INSURANCE
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COMPANY,
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Defendant(s).
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__________________________________________)

Case No. 2:17-cv-00620-GMN-NJK
ORDER
(Docket No. 14)

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Pending before the Court is the parties’ stipulated protective order. Docket No. 14. Read

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literally, the stipulated protective order would subject the Court and its staff to civil liability for any

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disclosure of confidential information if contrary to the terms of the stipulated protective order. See id.

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at ¶ 14; see also id. at ¶ 3(d) (identifying Court officials as “qualified persons”). This is problematic for

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numerous reasons. First, the Court has its own duty to apply Ninth Circuit standards to unseal materials

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as appropriate even though those materials may have been designated as confidential pursuant to the

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stipulated protective order. See, e.g., Florence v. Cenlar Fed. Savings & Loan, 2017 WL 1078637, at

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*4 n.5 (D. Nev. Mar. 20, 2017) (the mere fact that a document is designated confidential pursuant to a

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stipulated protective order does not ensure the Court will maintain that document under seal once filed).1

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Second, Court officials are absolutely immune from civil liability in conjunction with exercising judicial

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functions. See, e.g., Burton v. Infinity Capital Mgmt., 862 F.3d 740, 747-48 (9th Cir. 2017) (discussing

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The stipulated protective order implicitly acknowledges this elsewhere. See Docket No. 14 at ¶ 17.

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reach of absolute judicial immunity). Accordingly, the Court declines to enter the parties’ proposed

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stipulated protective order in its current form, and it is hereby DENIED.

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IT IS SO ORDERED.

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DATED: August 16, 2017

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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