Doremus et al v. American Family Mutual Insurance Company

Filing 19

ORDER Granting 18 Joint Motion for Protective Order. Signed by Magistrate Judge Cam Ferenbach on 12/22/2017. (Copies have been distributed pursuant to the NEF - SLD)

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Kevin C. Barrett, State Bar No. 8959
GRAIF BARRETT & MATURA, P.C.
1850 North Central Avenue, Suite 500
Phoenix, Arizona 85004
Telephone: [phone]
Facsimile: 602-792-5710
Email Addresses: [e-mail]
Attorneys for Defendant
American Family Mutual Insurance Company

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FRED DOREMUS, individually; and
LINDA DOREMUS, individually,

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Case No. 2:17-CV-1034-RFB-VCF

Plaintiffs,
JOINT MOTION TO ENTER
PROTECTIVE ORDER

vs.
AMERICAN FAMILY MUTUAL
INSURANCE COMPANY, a foreign
entity; DOES I through X; and ROE
CORPORATIONS, XI through XX,
inclusive,
Defendants.

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The Parties, through their counsel, jointly request that this Court enter the attached

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Protective Order as an Order of this Court. The Protective Order will protect proprietary and

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confidential information that the Parties and third-parties will produce during discovery. The

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Protective Order will also regulate the Parties’ use of any proprietary or confidential information

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during the course of this litigation.

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DATED this 21st day of December, 2017.

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GRAIF BARRETT & MATURA, P.C.

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By: /s/ Kevin C. Barrett
Kevin C. Barrett
Attorneys for Defendant American Family
Mutual Insurance Company

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HENNESS & HAIGHT
By: _/s/ Jacob S. Smith ____________
Mark G. Henness, Esq.
Jacob S. Smith, Esq.
Attorneys for Plaintiffs Fred and Linda
Doremus

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CERTIFICATE OF SERVICE

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I hereby certify that on December 21, 2017, I electronically transmitted the
foregoing document to the Clerk’s Office using the CM/ECF system for filing and that a
copy of same was deposited for mailing, first class mail, postage prepaid, to the
following:

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Mark G. Henness, Esq.
Jacob S. Smith, Esq.
HENNESS & HAIGHT
8972 Spanish Ridge Avenue
Las Vegas, Nevada 89148
Attorneys for Plaintiffs

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/s/Reanna Diehl

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Kevin C. Barrett, State Bar No. 8959
GRAIF BARRETT & MATURA, P.C.
1850 North Central Avenue, Suite 500
Phoenix, Arizona 85004
Telephone: [phone]
Facsimile: 602-792-5710
Email Addresses: [e-mail]
Attorneys for Defendant
American Family Mutual Insurance Company

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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FRED DOREMUS, individually; and
LINDA DOREMUS, individually,

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Case No. 2:17-CV-1034-RFB-VCF

Plaintiffs,
PROTECTIVE ORDER
vs.
AMERICAN FAMILY MUTUAL
INSURANCE COMPANY, a foreign
entity; DOES I through X; and ROE
CORPORATIONS, XI through XX,
inclusive,

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Defendants.

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Pursuant to the Parties’ Joint Motion, and for good cause, the Court enters the following

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protective order pursuant to Federal Civil Procedure Rule 26(c). The purposes of this order are

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to facilitate discovery and to prevent the unnecessary disclosure of proprietary or confidential

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information and documents.

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The terms and conditions of this protective order are as follows:

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This action will involve discovery and production of documents and testimony

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that may contain confidential information, including proprietary information, private information

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relating to employees or agents, commercial and financial data, and other items.

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2.

A party may designate any documents or other material as “confidential”

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regardless whether the information is produced pursuant to the disclosure requirements of

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Federal Civil Procedure Rule 26; produced in response to an interrogatory, request for

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admission, request for production, or Court order; or contained in deposition testimony,

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pleadings, or briefs. However, as specifically enumerated in paragraph 14 of this Protective

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Order, a party may object to the designation of material as confidential. If a party objects, and

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the parties cannot reach an agreement, the procedure and provisions contained in paragraph 14

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shall determine the proper designation or status of the disputed material and/or information.

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3.

Any producing party may designate as “confidential” any materials or portions of

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materials that it produces. “Materials” includes non-paper media (e.g., video, audio, discs, CD-

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ROMs, DVDs, etc.), documents, and testimony.

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4.

A party shall designate material as confidential by affixing thereon a small notice

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on the document either containing the word “CONFIDENTIAL” or a statement that the material

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is being produced under this Protective Order. All copies of any such documents made by the

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other party must either (a) contain the original designation of confidentiality, or (b) shall be

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clearly marked as “CONFIDENTIAL”.

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5.

In the case of multi-page documents, the designation of confidentiality must be

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stamped on the first page of each document that the producing party intends to designate as

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confidential. It is not necessary to stamp every page, although the Court believes that it would

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be helpful to do so.

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6.

Discovery material furnished by a party in the form of testimony shall be

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designated as confidential either at the time the testimony is taken, or in writing within 30 days

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after the transcript of the testimony has been received by the designating party. The court

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reporter for any such testimony shall be informed of this Order by the party making the

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confidential designation. The court reporter shall comply with, and be bound by, this Order. In

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the event the party furnishing deposition testimony designates portions or all of that testimony as

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confidential, the court reporter shall separately transcribe and submit under seal, to counsel for

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the parties, transcriptions of the testimony designated as confidential. Confidential transcripts of

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deposition testimony shall be treated the same and afforded the same protections as other

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material designated as confidential under this Order.

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7.

Confidential materials shall be made available only to the named parties, the

attorneys of the parties in this action, the attorneys’ clerical, secretarial, and support staff, and

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outside consultants or experts retained to assist in the prosecution or defense of this action.
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Confidential material shall not be disclosed or communicated to outside

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consultants or experts unless and until that person has been given a copy of this Order and has

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signed an acknowledgement that he or she has received and agrees to comply with its terms. A

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copy of the acknowledgment is attached as Exhibit A to this Protective Order.

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9.

No person to whom confidential materials are made available shall make use of

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such material for any purpose other than the prosecution or defense of this action. No person to

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whom confidential material is made available shall disclose the contents of such material to any

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other person or entity, except as permitted by this Order.

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10.

In the event a party should conclude that, for the purposes of this action, it needs

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to disclose any confidential materials to person(s) not specified in paragraph 7, it may do so only

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with the producing party’s consent or by Court order.

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confidential information shall request permission for the disclosure from the producing counsel.

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To be effective, the producing party’s consent must be granted in writing and must be specific as

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to documents or information that may be disclosed. Permission granted under this section

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obviates the need to request permission of the Court.

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11.

The party that wishes to disclose

In the event a party or counsel for a party receives a subpoena issued in another

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lawsuit for confidential documents produced in this action, the party receiving the subpoena shall

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not produce any such documents unless required by a court to do so. Further, the party receiving

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the subpoena shall give prompt notice to the party who originally disclosed the documents in this

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lawsuit. Prompt notice shall be defined as notice sufficient to allow the party who disclosed the

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documents to file a motion to quash or to take other lawful action to prevent disclosure. At a

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minimum, prompt notice means an e-mail or fax to the producing party’s counsel within two

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business days of receiving the subpoena.

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12.

In the event a party or counsel for a party seeks to file confidential information

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with the Court, the party or counsel seeking to file the confidential information shall request

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permission to file the confidential information from the producing counsel. To be effective, the

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producing party’s consent must be granted in writing and must be specific as to documents or

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information that may be filed. To the extent that consent is not given, the party seeking to file

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confidential information shall give notice to the party who originally disclosed the confidential

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information and shall allow for a reasonable period of time for that party to seek permission to

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file the confidential information under seal.

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13.

Nothing in this Order shall be construed to preclude counsel from showing

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confidential material to any witnesses during depositions, hearings, or at trial of this action. Any

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counsel showing confidential material to a witness shall have a good faith basis for making the

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disclosure, shall act in good faith, and must show the material to the witness in a manner that will

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protect the confidential material from further disclosure. In the event any confidential material is

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shown to a witness, it shall not lose its confidential status. in compliance with LR 10-5.
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A party may object to the designation of materials as confidential and request the

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Court to permit the use or disclosure of the information without regard to the terms of this Order.

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The objecting party must notify the producing party in writing no more than 30 days after the

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production of materials designated as confidential (or no more than 30 days after designation of

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material as confidential subsequent to production) regarding the objection. The written notice of

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objection must state the specific document objected to and the specific basis for the objection.

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The parties shall first try to resolve the disagreement in good faith and on an informal basis, such

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as production by redacted copies. If the disagreement cannot be resolved on an informal basis,

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the designating party may move the Court for an order that determines whether the disputed

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material is confidential. The designating party shall have the burden of proof to prove that the

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disputed materials are entitled to be designated as confidential. The objecting party will have 20

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days to respond to the designating party’s motion. Pending the Court’s ruling, the objecting

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party shall treat the disputed documents as confidential. Absent good cause, if no motion is filed

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by the producing party within 30 days of the parties’ failure to amicably resolve the objection,

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the producing party’s claim of confidentiality as to the disputed materials shall be deemed

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waived.

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15.

Inadvertent production of any information that does not contain a confidential

designation will not waive a party’s claim that the information is confidential or estop a party

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from designating the information as confidential at a later date. If materials have not yet been

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designated as confidential, disclosure of them by the other party does not violate this Order.

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16.

The provisions of this Order shall survive the termination of this action. Counsel

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for the parties are responsible for retrieving from their retained experts and consultants all

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confidential materials and returning them to the disclosing party, or destroying them, and for

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assuring that their retained experts and consultants do not keep any copies. The parties and their

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retained experts and consultants may keep copies of any confidential materials until all possible

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appeal rights are exhausted.

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Dated:

12-22-2017

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Cam Ferenbach
United States Magistrate Judge

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EXHIBIT A

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ACKNOWLEDGMENT REGARDING PROTECTIVE ORDER

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I, __________________________, hereby certify that I have read, reviewed, and

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understand the Protective Order entered in the above-captioned matter, and that I agree

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to abide fully and be bound by its terms with respect to any documents, materials or

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information designated or marked “SUBECT TO PROTECTIVE ORDER” or

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“CONFIDENTIAL” under the Protective Order that is furnished to me in any manner.

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I agree not to disclose to anyone any documents, materials or information

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designated or marked “SUBJECT TO PROTECTIVE ORDER” or “CONFIDENTIAL”

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other than as set forth in the Protective Order.

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I agree not to make any copies of any documents, materials or information

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designated or marked “SUBJECT TO PROTECTIVE ORDER” or “CONFIDENTIAL”

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except in accordance with the Protective Order and to return all confidential documents

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to the party or attorney who provided them and to return or destroy all copies.

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I agree not to make use of any confidential document under the Protective Order
provided in this litigation for any purpose outside of this litigation.
I hereby consent to be subject to the personal jurisdiction and venue of the abovecaptioned Court with respect to any proceeding related to the Protective Order.

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Dated:

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Printed Name

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Signature

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4845-0793-3523, v. 1

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