Tims et al v. Clark County School District et al

Filing 33

STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER granting 32 Stipulation re Discovery. Signed by Magistrate Judge Cam Ferenbach on 5/1/2018. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6
7
8
9

GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

10
11
12
13
14
15
16
17
18
19
20
21

MARK E. FERRARIO
Nevada Bar No. 1625
KARA B. HENDRICKS
Nevada Bar No. 7743
WHITNEY L. WELCH-KIRMSE
Nevada Bar No. 12129
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Fax:
[phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants Clark County School District
and Mark Connors
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
TAMARA TIMS and H.H., a minor by and
through his Guardian Ad Litem, GENEVA
ATTEBERRY
Plaintiffs,

Case No. 2:18-cv-00021-JAD-VCF
STIPULATED CONFIDENTIALITY
AGREEMENT AND PROTECTIVE
ORDER

vs.
CLARK COUNTY SCHOOL DISTRICT;
KASEY GLASS, MARK CONNORS, and
DOES 1-50,
Defendants.
Pursuant to the Stipulation contained herein by and among counsel for Plaintiffs TAMARA

22

TIMS AND H.H., a minor by and through his Guardian Ad Litem, GENEVA ATTEBERRY and,

25

PURPOSES AND LIMITATIONS

23

counsel for Defendants CLARK COUNTY SCHOOL DISTRICT (“CCSD”), and MARK CONNORS

26

Disclosure and discovery activity in this action are likely to involve production of confidential,

24

(collectively, “CCSD Defendants”), the Court hereby finds as follows:

27

proprietary, or private information for which special protection from public disclosure and from use

28

for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties
hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties
LV 421138138v1

Page 1 of 12

1
2

acknowledge that this Order does not confer blanket protections on all disclosures or responses to

5

entitled to confidential treatment under the applicable legal principles, and designated “confidential”

8

Federal or Local rules, procedures, and standards to be applied when a party seeks permission from

3

discovery, or any categories of information not specifically addressed herein, and that the protection

6

as described herein. The parties further acknowledge, as set forth further below, that this Stipulated

9

the court to file material under seal.

4

it affords from public disclosure and use extends only to the limited information or items that are

7

Protective Order does not entitle them to file confidential information under seal or otherwise change

GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

10

1.

The “Litigation” shall mean the above-captioned case, filed in the United States District

11

Court, District of Nevada Case No. 2:18-cv-00021-JAD-VCF.

14

correspondence, analyses, assessments, statements (financial or otherwise), responses to discovery,

17

with this Litigation. A draft or non-identical copy is a separate document within the meaning of these

20

in-house and outside counsel. “Producing Party” shall mean any person or entity who provides, serves,

12

2.

“Documents” or “Information” shall mean and include any documents or portions

13

thereof, or information extracted therefrom, (whether in hard copy or electronic form), records,

16

disclosed, filed, or produced, whether voluntarily or through discovery or other means, in connection

15

tangible articles or things, whether documentary or oral, and other information provided, served,

18

terms.

21

discloses, files, or produces any Documents or Information. “Receiving Party” shall mean any person

24

interrogatory answers, answers to requests for admissions, testimony, or other material or copies

27

matters.

19
22
23
25
26
28

3.

“Party” (or “Parties”) shall mean one party (or all parties) in this Litigation and their

or entity who receives any such Documents or Information.
4.

Any Party may designate any document, object, file, photograph, video, tangible thing,

thereof (collectively, the “Discovery Material”) as “Confidential Information” or following a good
faith determination that the information so designated is or may reveal confidential, or proprietary

5.

The privacy of students who are not parties to the Litigation is protected under federal

law and as a school district that receives federal funding, CCSD is bound by the Family Educational
LV 421138138v1

Page 2 of 12

1
2

Rights and Privacy Act (“FERPA”) and is not at liberty to disclose certain personally identifying

5

information that is protected by FERPA. If any party requests documents or other evidence that are

8

required, the Parties acknowledge FERPA protected information will be marked confidential pursuant

3

information of its students without written consent or court order. The Parties acknowledge that

6

subject to FERPA, the Parties acknowledge that a Court Order requiring such a disclosure must first

9

to the Stipulated Confidentiality Agreement and Protective Order.

7

be obtained. If such a court order is granted, and disclosure of FERPA protected information is

10
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

4

information that could reasonably likely to lead to admissible evidence in this Litigation could contain

EXERCISE OF RESTRAINT AND CARE IN DESIGNATING MATERIAL FOR
PROTECTION

13

Order must take care to limit any such designation to specific material that qualifies under the

11
12

6.

Each Party or Non-Party that designates information or items for protection under this

14

appropriate standards. Indiscriminate or routinized designations are prohibited.

17

marking or stamping each page of the Document produced to or received from a Party with the legend

20

Recognition. If only a portion or portions of the material on a page qualifies for protection, the

15
16
18
19

MANNER AND TIMING OF DESIGNATIONS
7.

CONFIDENTIAL Documents shall be so designated prior to their production by

“CONFIDENTIAL.” The application of the legend must be made in a manner so as not to render the
documents illegible, illegible after photocopying, or incapable of being subjected to Optical Scanning

21

Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate

24

designated as CONFIDENTIAL by any Party making a statement to that effect on the record at the

27

Information designated as CONFIDENTIAL, and to label such portions appropriately. Counsel for

22

markings in the margins).

25

deposition.

28

the Parties may also designate an entire deposition transcript as CONFIDENTIAL at the time of the

23
26

8.

Testimony taken at a deposition, or in other pretrial or trial proceedings, may be

Arrangements shall be made with the court reporter taking and transcribing such

deposition to separately bind such portions of the transcript and deposition exhibits containing

deposition. A party’s failure to designate testimony confidential at the time of deposition shall not
LV 421138138v1

Page 3 of 12

1
2

constitute the party’s waiver of its right to correct its failure prior to a date ten business days after the

3

party’s receipt of the transcript, in which case all receiving parties shall honor the late designation as

6

tangible items, that the Producing Party affix in a prominent place on the exterior of the container or

9

shall identify the protected portion(s).

4

it would an inadvertent disclosure pursuant to paragraph 16 below.

7

containers in which the information or item is stored the legend “CONFIDENTIAL.” If only a portion

10

ACCESS TO AND USE OF PROTECTED MATERIAL

5

GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

8

11

9.

For information produced in some form other than documentary and for any other

or portions of the information or item warrant protection, the Producing Party, to the extent practicable,

10.

CONFIDENTIAL Information shall be maintained in strict confidence by the Parties

12

who receive such information, shall be used solely for the purposes of this Litigation, and shall not

15

this matter may be transferred (the “Court”), so long as the party seeking to file a confidential

18

Rule 10-5(b);

21

filed under seal;

13

be disclosed to any person except:

16

document under seal complies with the Ninth Circuit’s directives in Kamakana v. City and County of

14

(a)

The United States District Court, District of Nevada, or any other court to which

17

Honolulu, 447 F.3d 1172 (9th Cir. 2006) and the Court’s electronic filing procedures set forth in Local

20

Court”) and/or the United States Supreme Court (the “Supreme Court”), so long as that document is

23

directors, partners, employees, and associates who are assisting in the Litigation (collectively hereafter

26

as long as any such person agrees to be bound by the terms and conditions of this Agreement.

19
22

(b)

(c)

In the event of an appeal, the United States Court of Appeals (the “Appellate

The attorneys of record in this Litigation and their co-shareholders, co-

24

referred to as “Outside Counsel”);

27

(e)

25
28

(d)

A Party, or an officer, director, or employee of a Party or of a Party’s affiliate,

Subject to the terms of Paragraph 14 below, experts or consultants and their

staff, retained by the Parties and/or Outside Counsel in this Litigation for the purposes of this
Litigation;
LV 421138138v1

Page 4 of 12

1
2

(f)

Any other person, only if the Receiving Party has given written notice to the

3

Producing Party of an intent to disclose specified CONFIDENTIAL Information to said person, who

6

days of delivery of the notification. In the event of an objection, no disclosure shall be made pending

9

allowing CCSD to provide no less than fourteen (14) days’ notice to the parents of the children that

12

(g) Any person identified on the document itself as having created, sent, received, or

4

shall be identified by name, address, phone number, and relationship, if any, to the Receiving Party,

7

the resolution of the objection. If the disclosure includes information that is protected by FERPA, the

10

may be implicated in any disclosure. Before any person may receive Documents or Information

13

otherwise already viewed, the document.

16

deposition, counsel for the Producing Party may request that all persons other than the witness and

19

comply with such a request will constitute sufficient justification for the witness to refuse to answer

22

CHALLENGING CONFIDENTIALITY DESIGNATIONS

8

GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

5

and the Producing Party has not provided a written objection to the disclosure within ten (10) business

objection can only be resolved by stipulation of the parties or court order which includes a provision

11
14
15

pursuant to this subparagraph, he or she must comply with the requirements of Paragraph 13 below.

(h) Any person testifying at deposition in this matter, subject to the paragraph 11 below.
11.

If a witness is providing or is provided CONFIDENTIAL Information during a

17

persons entitled by this Order to have access to the CONFIDENTIAL Information leave the deposition

20

the question, or for the Producing Party to demand that CONFIDENTIAL Information not be provided

18

room during that portion of the deposition other than the court reporter. Failure of any person to

21

to the witness, pending resolution of the issue.

24

by giving written notice to the party designating the disputed Information. Any Party or Non-Party

27

unnecessary economic burdens, or a significant disruption or delay of the litigation, a Party does not

23

12.

A party may object to the designation of particular Information as CONFIDENTIAL

25

may challenge a designation of confidentiality at any time. Unless a prompt challenge to a Designating

28

waive its right to challenge a confidentiality designation by electing not to mount a challenge promptly

26

Party’s confidentiality designation is necessary to avoid foreseeable, substantial unfairness,

after the original designation is disclosed. The written notice shall identify the Information to which
LV 421138138v1

Page 5 of 12

1
2

the objection is made. If the parties cannot resolve the objection within ten (10) business days after

5

disputed Information should be subject to the terms of this Protective Order. If such a motion is filed

8

Court rules on the motion. If the designating party fails to file such a motion within the prescribed

11

filed under this provision, the party designating the Information as CONFIDENTIAL shall bear the

3

the time the notice is received, it shall be the obligation of the party designating the Information as

6

within ten (10) business days after the date the parties fail to resolve the objection, the disputed

9

time, the disputed Information shall lose its designation as CONFIDENTIAL and shall not thereafter

12

burden of establishing that good cause exists for the disputed Information to be treated as

15

held in strict confidence by each person to whom it is disclosed; shall be used solely for the purposes

18

“Confidential” within 30 days after the date of this Order.

21

other person must be provided with a copy of this Order and must sign a certification in the form

24

signed shall retain the original Certification.

27

addressee or by way of copy) such Information.

7

Information shall be treated as CONFIDENTIAL under the terms of this Protective Order until the

10
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

4

CONFIDENTIAL to file an appropriate motion requesting that the Court determine whether the

be treated as CONFIDENTIAL in accordance with this Protective Order. In connection with a motion

13

CONFIDENTIAL.

16

of this Litigation; and shall not be used for any other purpose, including, without limitation, use in any

14

13.

While protected by this Order, any Information designated CONFIDENTIAL shall be

17

other lawsuit. Documents and Information previously produced by the parties may be designated

20

authorized expert or other person entitled to access to CONFIDENTIAL Information, the expert or

23

understands, and agrees to be bound by this Order. The Party on whose behalf such a Certification is

26

revealing CONFIDENTIAL Information to a person who created or previously received (as an

19
22
25
28

14.

With respect to outside experts or other persons pursuant to Paragraph 8, to become an

attached as Exhibit A hereto acknowledging that he/she has carefully and completely read,

15.

LV 421138138v1

Notwithstanding any other provision herein, nothing shall prevent a Party from

Page 6 of 12

1
2
3

INADVERTENT FAILURE TO DESIGNATE
16.

The inadvertent production of any Information without it being properly marked or

4

otherwise designated shall not be deemed to waive any claim of confidentiality with respect to such

7

deposition testimony, the Producing Party may, promptly on discovery, furnish a substitute copy

5

Information. If a Producing Party, through inadvertence, produces any CONFIDENTIAL Information

8

properly marked along with written notice to all Parties (or written notice alone as to non-documentary

6

without marking or designating it as such in accordance with the provisions of this Order, including

9

Information) that such Information is deemed CONFIDENTIAL and should be treated as such in

12

such CONFIDENTIAL Information prior to the receipt of such notice shall not be deemed a violation

15

disclosure by requesting return of the original document and substituting it with the properly marked

GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

10

accordance with the provisions of this Order. Each receiving person must treat such Information as

13

of this Confidentiality Agreement. A Receiving Party who has disclosed such CONFIDENTIAL

16

one.

11

CONFIDENTIAL in accordance with the notice from the date such notice is received. Disclosure of

14

Information

prior

to

the

receipt

of

such

notice

shall

take

steps

to

cure

such

17

NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
LITIGATION

20

action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in

18
19
21
22
23
24

17.

The terms of this Order are applicable to information produced by a Non-Party in this

connection with this litigation is protected by the remedies and relief provided by this Order. Nothing
in these provisions should be construed as prohibiting a Non-Party from seeking additional
protections.
18.

A copy of this Order shall be shown to each attorney acting as counsel for a Party and

25

to each person to whom CONFIDENTIAL Information will be disclosed.

28

future proceeding.

26
27

19.

Nothing in this Order shall be construed as an admission or agreement that any specific

Information is or is not confidential, subject to discovery, relevant, or admissible in evidence in any

LV 421138138v1

Page 7 of 12

1
2

20.

Right to Further Relief. Nothing in this Order abridges the right of any person to seek

3

its modification by the court in the future.

6

or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives

4

21.

Right to Assert Other Objections. By stipulating to the entry of this Protective Order

5

no Party waives any right it otherwise would have to object to disclosing or producing any information

8

Order.

7

any right to object on any ground to use in evidence of any of the material covered by this Protective

10

Circuit’s decision in Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006),

13

Information that was lawfully obtained by a Party independent of discovery in this Litigation, whether

GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

9

22.

The Parties shall comply with the requirements of Local Rule 10-5(b), and the Ninth

11

with respect to any documents filed under seal in this matter.

14

or not such material is also obtained through discovery in this Litigation, or from using or disclosing

17

entity to disclose any CONFIDENTIAL Information that has been produced to it under the terms of

20

CONFIDENTIAL Information shall use reasonable efforts to maintain the confidentiality of such

23

the Party required to disclose the Information shall not be required to seek a protective order or other

26

its counsel that obtained CONFIDENTIAL Information through discovery shall, upon request, return

12

23.

This Order shall not be construed to prevent any Party from making use of or disclosing

15

its own CONFIDENTIAL Information as it deems appropriate.

18

this Order, such Party will reasonably notify the other Parties, in writing, so that the original Producing

21

CONFIDENTIAL Information and shall cooperate with the Party that originally produced the

24

protection against disclosure in lieu of, or in the absence of, efforts by the Producing Party to do so.

27

all such CONFIDENTIAL Information to the Producing Party or certify as to its destruction. Counsel

16

24.

If either Party becomes required by law, regulation, or order of a court or governmental

19

Party has an opportunity to prevent or restrict such disclosure. The Party required to disclose any

22

Information in its efforts to obtain a protective order or other protection limiting disclosure; however,

25
28

25.

Upon termination of this Litigation, either by settlement or other action, any Party and

may retain CONFIDENTIAL Information solely for archival purposes. The restrictions of this
Protective Order shall apply to Counsel for as long as they hold such archival Documents.
LV 421138138v1

Page 8 of 12

1
2

26.

The obligation to treat all Information designated as CONFIDENTIAL in accordance

3

with the terms of this Order and not to disclose such CONFIDENTIAL Information shall survive any

6

without prejudice to any claim that such Information is subject to the attorney-client privilege or is

4

settlement or other termination of this Litigation.

7

protected from discovery as attorney work product. No Party shall be held to have waived any rights

10

Party or permitted by the Court. Any such inadvertently produced Information shall be returned by

13

///

16

///

19

///

22

///

25

///

28

///

5

27.

The inadvertent production of any Information during discovery in this action shall be

8

by such inadvertent production. Upon notification of inadvertent production, the receiving Party shall

11

the Receiving Party within three business days of any written request therefore. The Receiving Party

14

///

17

///

20

///

23

///

26

///

GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

9

not use or divulge the contents of such Information unless subsequently agreed to by the Producing

12

retains the right to challenge the Information as not privileged or otherwise protected and discoverable.

15

///

18

///

21

///

24

///

27

///

LV 421138138v1

Page 9 of 12

1
2
3
4
5
6
7
8
9

GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

10
11
12
13

28.

The Parties may seek modification of this Order by the Court at any time, by stipulation

or for good cause.
IT IS SO STIPULATED.
Dated this 1st day of May, 2018.

Dated this 1st day of May, 2018.

GREENBERG TRAURIG, LLP
/s/ Whitney L. Welch-Kirmse
MARK E. FERRARIO (NV BAR 1625)
KARA B. HENDRICKS (NV BAR 7743)
WHITNEY L. WELCH-KIRMSE (NV Bar
12129)
3773 Howard Hughes Parkway
Suite 400 North
Las Vegas, Nevada 89169
Attorneys for Defendants Clark County
School District and Mark Connors

14
15
16
18
19
20
22
23
24

Attorneys for Plaintiffs

IT IS HEREBY ORDERED.

ORDER

DATED this 1st day of May, 2018.

25
26

_____________________________________________
UNITED STATES MAGISTRATE JUDGE

27
28

TODD BOLEY, (CA Bar No. 68119)
LAW OFFICES OF TODD BOLEY
2831 Mariner Square Dr., Suite 280
Alameda, CA 94501
Tel: [phone]
Fax: [phone]
PETER W. ALFERT, (CA Bar No. 83139)
LAW OFFICES OF PETER ALFERT, APC
200 Pringle Ave., Suite 450
Walnut Creek, CA 94596
Tel: [phone]
Fax: [phone]

17
21

/s/ Michael A. Burke
MICHAEL A. BURKE (NV Bar 11527)
Robinson, Sharp, Sullivan & Brust
71 Washington Street
Reno, Nevada 89503
Tel: [phone]
Fax: [phone]

LV 421138138v1

Page 10 of 12

1
2
3

CERTIFICATE OF SERVICE
Pursuant to FRCP 5(b), I hereby certify that on the 1st day of May, 2018, a true and correct

4

copy

7

filing through the Court’s CM/ECF system.

5
6

of

the

foregoing

STIPULATED

CONFIDENTIALITY

will be served on all parties by operation of the Court’s EM/ECF system, and parties may access this

/s/ Kareen Romano
an employee of Greenberg Traurig, LLP

9

10
GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

AND

PROTECTIVE ORDER was filed electronically via the Court’s CM/ECF system. Notice of filing

8

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

AGREEMENT

LV 421138138v1

Page 11 of 12

1
2
3
4
5
6
7
8
9

GREENBERG TRAURIG, LLP
3773 Howard Hughes Parkway, Suite 400 North
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]

10
11
12
13
14
15
16
17
18
19

EXHIBIT A
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
TAMARA TIMS and H.H., a minor by and
through his Guardian Ad Litem, GENEVA
ATTEBERRY
Plaintiffs,
vs.

Case No. 2:18-cv-00021-JAD-VCF

STIPULATED CONFIDENTIALITY
AGREEMENT AND PROTECTIVE
ORDER

CLARK COUNTY SCHOOL DISTRICT;
KASEY GLASS, MARK CONNORS, and
DOES 1-50,
Defendants.
I have read the Stipulated Confidentiality Agreement & Protective Order in the abovecaptioned case. I understand the terms of the Order, I agree to be fully bound by the terms of the Order,
and I hereby submit to the jurisdiction of the United States District Court for the District of Nevada
for purposes of enforcement of the Order.
Date: _____________________

20

Signature: __________________________
Signatory’s Name, Business Affiliation, and
Business Address:

21

___________________________________

22

___________________________________

23

\

24

___________________________________

25
26
27
28

LV 421138138v1

Page 12 of 12