H. et al v. Clark County et al

Filing 31

ORDER approving ECF No. 29 Stipulated Protective Order. Signed by Magistrate Judge Peggy A. Leen on 11/29/2017. (Copies have been distributed pursuant to the NEF - KR)

Case 2:17-cv-02380-MMD-PAL Document 29 Filed 11/16/17 Page 1 of 5

1
2
3
4

LAGOMARSINO LAW
ANDRE M. LAGOMARSINO, ESQ. (#6711)
3005 W. Horizon Ridge Pkwy., #241
Henderson, Nevada 89052
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiffs
S.H. John Doe and A.O. Jane Doe

5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7

S.H. JOHN DOE, a minor child, by and through CASE NO.:
his Natural Parent and Legal Guardian, A.O.
JANE DOE, an Individual; A.O. JANE DOE,
Individually;

9

Plaintiffs,

10

v.

11

CLARK COUNTY, a political subdivision of the
State of Nevada; KEVIN BROWN, an
Individual; JULIANE HUGHES, an Individual;
EAGLE QUEST OF NEVADA, INC., a Nevada
Corporation; EAGLE QUEST, a Nevada
Domestic Corporation; IVAN RAY TIPPETTS,
an Individual; LESLIE TIPPETTS, an Individual;
SHERA WILLIAMS, an Individual, TOMISHA
HORN, an Individual; ILIA HAMPTON, LCSW,
QMPH, an Individual; TRENT HANSEN,
LCSW, an Individual;

12
13
14
15
16

[PROPOSED]
STIPULATED PROTECTIVE ORDER
BETWEEN PLAINTIFFS
AND DEFENDANTS1

Defendants.

17
The parties to this action, Plaintiffs S.H. JOHN DOE, a minor child, by and through his
18

Natural Parent and Legal Guardian, A.O. JANE DOE and A.O. JANE DOE, individually
(“Plaintiffs”), and Defendants CLARK COUNTY; KEVIN BROWN; JULIANE HUGHES; EAGLE

20

QUEST OF NEVADA, INC.; EAGLE QUEST; IVAN RAY TIPPETTS; LESLIE TIPPETTS; ILIA

21

HAMPTON, LCSW, QMPH; and TRENT HANSEN, LCSW (“Defendants”), by and through their

28

19

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

LAGOMARSINO LAW

3005 W. Horizon Ridge Pkwy., #241, Henderson, Nevada 89052
Telephone [phone] Facsimile [phone]

8

2:17-cv-02380-MMD-PAL

22
23

respective counsel, hereby stipulate and request that the Court enter a stipulated protective order
pursuant as follows:
...

24
25
26
27

1

Excluding Defendants SHERA WILLIAMS and TOMISHA HORN as they have yet to be served with the Complaint
and Summons.

Page 1 of 5

Case 2:17-cv-02380-MMD-PAL Document 29 Filed 11/16/17 Page 2 of 5

1
2
3
4

1.

The Protective Order shall be entered pursuant to the Federal Rules of Civil

Procedure.
2.

The Protective Order shall govern all materials deemed to be “Confidential

Information.” Such Confidential Information shall include the following:

5

(a)

6

(b)
(c)
(d)

7

(e)
(f)

9
10
11

3.

In the case of documents and the information contained therein, designation of

Confidential Information produced shall be made by placing the following legend on the face of the
12
13
14

document and each page so designated “CONFIDENTIAL” or otherwise expressly identified as
confidential.
4.

Confidential Information shall be held in confidence by each qualified recipient to

15

whom it is disclosed, shall be used only for purposes of this action, shall not be used for any

16

business purpose, and shall not be disclosed to any person who is not a qualified recipient. All

17
18

produced Confidential Information shall be carefully maintained so as to preclude access by persons
who are not qualified recipients.
5.

Qualified recipients shall include only the following:

28

19
(a)

In-house counsel and law firms for each party and the secretarial, clerical and
paralegal staff of each;

(b)

Deposition notaries and staff;

20
21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

LAGOMARSINO LAW

3005 W. Horizon Ridge Pkwy., #241, Henderson, Nevada 89052
Telephone [phone] Facsimile [phone]

8

Any and all documents referring or related to S.H. JOHN DOE or A.O. JANE
DOE;
Any documents from the juvenile Court file of Plaintiff S.H. JOHN DOE;
Any documents relating to the medical and/or health information of Plaintiffs;
Any portions of depositions (audio or video) where Confidential Information
is disclosed or used as exhibits;
Any proprietary business documents; and
Any and all documents referring, or related, to the juvenile identified as C.J.
in the Complaint and allegedly involved in the incident of February 14, 2017.

22
23

(c)

Persons other than legal counsel who have been retained or specially
employed by a party as an expert witness for purposes of this lawsuit or to
perform investigative work or fact research;

(d)

Deponents during the course of their depositions or potential witnesses of this
case; and

(e)

The parties to this litigation, their officers and professional employees.

24
25
26
27

Page 2 of 5

Case 2:17-cv-02380-MMD-PAL Document 29 Filed 11/16/17 Page 3 of 5

1

6.

Each counsel shall be responsible for providing notice of the Protective Order and

2

the terms therein to persons to whom they disclose “Confidential Information,” as defined by the

3

terms of the Protective Order.

4

Persons to whom confidential information is shown shall be informed of the terms of this

5

Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such

6

deponents may be shown Confidential materials during their deposition but shall not be permitted to
keep copies of said Confidential materials nor any portion of the deposition transcript reflecting the

7
Confidential Information.
If either party objects to the claims that information should be deemed Confidential, that

9

party’s counsel shall inform opposing counsel in writing within thirty (30) days of receipt of the

10

Confidential materials that the information should not be so deemed, and the parties shall attempt

11

first to dispose of such disputes in good faith and on an informal basis. If the parties are unable to

12
13

resolve their dispute, either party may present a motion to the Court objecting to such status. The
information shall continue to have Confidential status during the pendency of any such motion.
7.

14
15
16

attorneys of record, in-house counsel or the parties in this action. Any person making copies of such
information shall maintain all copies within their possession or the possession of those entitled to
access to such information under the Protective Order.
8.

17

19

Any party that inadvertently discloses or produces in this action a document or

information that it considers privileged or otherwise protected from discovery, in whole or in part,
shall not be deemed to have waived any applicable privilege or protection by reason of such

28

18

No copies of Confidential Information shall be made except by or on behalf of

disclosure or production if, within thirty (30) days of discovering that such document or information
20
has been disclosed or produced, the producing party gives written notice to the receiving party
21

identifying the document or information in question, the asserted privileges or protection, and the

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

LAGOMARSINO LAW

3005 W. Horizon Ridge Pkwy., #241, Henderson, Nevada 89052
Telephone [phone] Facsimile [phone]

8

22

grounds there for, with a request that all copies of the document or information be returned or

23

destroyed. The receiving party shall return or destroy the inadvertently disclosed documents,

24

upon receipt of appropriately marked replacement documents.

25

...

26
27

Page 3 of 5

Case 2:17-cv-02380-MMD-PAL Document 29 Filed 11/16/17 Page 4 of 5

1

9.

The termination of this action shall not relieve the parties and persons obligated

2

hereunder from their responsibility to maintain the confidentiality of information designated

3

confidential pursuant to this Order.

4
5
6

10.

Within thirty (30) days of the final adjudication or resolution of this Lawsuit, the

party receiving Confidential Information shall inform all parties of their intent to destroy
Confidential Material, including all copies and reproductions thereof, to counsel for the designating
party. The parties shall then have thirty (30) days in which to request the return of the Confidential

7
Material, should they chose to do so.

9
10
11
12
13

11.

Nothing in this Order shall be construed as an admission to the relevance,

authenticity, foundation or admissibility of any document, material, transcript or other information.
12.

Nothing in the Protective Order shall be deemed to preclude any party from seeking

and obtaining, on an appropriate showing, a modification of this Order.
13.

Furthermore, the parties understand that since they are seeking to file confidential

documents, or utilize confidential documents at trial, that they must comply with the Ninth Circuit’s
directives in Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006):

14
15
16
17

Unless a particular court record is one “traditionally kept secret,” a “strong
presumption in favor of access” is the starting point. ... A party seeking to seal a
judicial record then bears the burden of overcoming this strong presumption by
meeting the “compelling reasons” standard. ... that is, the party must “articulate[ ]
compelling reasons supported by specific factual findings,” that outweigh the general
history of access and the public policies favoring disclosure ...

21

Id. at 1178-79 (citations omitted). To justify the sealing of discovery materials attached to non-

19

28

20

In general, “compelling reasons” sufficient to outweigh the public’s interest in
disclosure and justify sealing court records exist when such “court files might have
become a vehicle for improper purposes,” such as the use of records to gratify private
spite, promote public scandal, circulate libelous statements, or release trade secrets. ...
The mere fact that the production of records may lead to a litigant’s embarrassment,
incrimination, or exposure to further litigation will not, without more, compel the
court to seal its records.

18

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

LAGOMARSINO LAW

3005 W. Horizon Ridge Pkwy., #241, Henderson, Nevada 89052
Telephone [phone] Facsimile [phone]

8

22
23

dispositive motions, a particularized showing of good cause is required. Id. at 1180. To justify the
sealing of discovery materials attached to dispositive motions or used at trial, however, a higher
threshold is required: a particularized showing that compelling reasons support secrecy. Id. “A

24
25
26
27

‘good cause’ showing will not, without more, satisfy a ‘compelling reasons’ test.” Id. When private
discovery materials are attached to a dispositive motion (or response or reply) or used at trial, such
Page 4 of 5

Case 2:17-cv-02380-MMD-PAL Document 29 Filed 11/16/17 Page 5 of 5

1

materials become a part of a judicial record, and as such “are public documents almost by definition,

2

and the public is entitled to access by default.” Id.

3

DATED this 16th day of November, 2017.

DATED this 16th day of November, 2017.

4

LAGOMARSINO LAW

OLSON, CANNON, GORMLEY,
ANGULO & STOBERSKI

5
6
7

9
10

/s/ Thomas A. Dillard, Jr.
.
THOMAS A. DILLARD, JR., ESQ. (#6270)
9950 West Cheyenne Avenue
Las Vegas, Nevada 89129
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendants Clark County,
Kevin Brown, and Juliane Hughes

DATED this 16th day of November, 2017.

11

.

HALL PRANGLE & SCHOONVELD, LLC

12
13
14
15
16
17

/s/ John F. Bemis
.
JOHN F. BEMIS, ESQ. (#9509)
SARAH S. SILVERMAN, ESQ. (#13624)
1160 North Town Center Drive, Suite 200
Las Vegas, Nevada 89144
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendants Eagle Quest of Nevada,
Inc., Eagle Quest, Ivan Ray Tippetts,
Leslie Tippetts, Ilia Hampton, LCSW, QMPH and
Trent Hansen, LCSW
S. H. John Doe, et. al. v. Clark County, et. al.
Case No. 2:17-cv-02380-MMD-PAL
[Proposed] Stipulated Protective Order
Between Plaintiffs and Defendants

18

28

19
20
21

ORDER
IT IS SO ORDERED.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

LAGOMARSINO LAW

3005 W. Horizon Ridge Pkwy., #241, Henderson, Nevada 89052
Telephone [phone] Facsimile [phone]

8

/s/ Andre M. Lagomarsino
ANDRE M. LAGOMARSINO, ESQ. (#6711)
3005 W. Horizon Ridge Pkwy., #241
Henderson, Nevada 89052
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiffs
S.H. John Doe and A.O. Jane Doe

22
23
24

DATED this 29th day of November, 2017.

______________________________________
DISTRICT COURT MAGISTRATE JUDGE

25
26
27

Page 5 of 5