Rishi et al v. GEICO Casualty Company

Filing 35

STIPULATED PROTECTIVE ORDER re 34 Stipulation. Signed by Magistrate Judge Peggy A. Leen on 1/23/2019. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:18-cv-01044-JAD-PAL Document 34 Filed 01/11/19 Page 1 of 9

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Wade M. Hansard
Nevada Bar No. 8104
3
[e-mail]
Jonathan W. Carlson
4 Nevada Bar No. 10536
[e-mail]
5 Renee M. Maxfield
Nevada Bar No. 12814
6
[e-mail]
8337 West Sunset Road, Suite 350
7 Las Vegas, Nevada 89113
Telephone:
[phone]
8 Facsimile:
[phone]
9 Attorneys for Defendant
10
UNITED STATES DISTRICT COURT
11
DISTRICT OF NEVADA
12
13
RAJIV RISHI, individually; CELIA BANKS14 RISHI, individually,

Case No. 2:18-cv-01044-JAD-PAL
STIPULATED PROTECTIVE ORDER

15
16

Plaintiffs,
v.

17 GEICO CASUALTY COMPANY; DOES I
through X and ROE CORPORATIONS I
18 through X, inclusive,
19

Defendants.

20
21

This Stipulation is entered into by and between Rajiv Rishi, Celia Banks-Rishi and GEICO

22 Casualty Company (referred to collectively as the “Parties”) by and through their attorneys of
23 record, based on the following:
24

The Parties assert that certain documentation and information sought constitutes

25 confidential, proprietary, sensitive, trade secret, financial, business, and other commercial records
26 and information entitled to protection from disclosure;
27

The Parties desire to establish a mechanism to prevent the improper disclosure of such

28 information and documentation produced;
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD SUITE 350
LAS VEGAS, NV 89113

2:18-cv-01044-JAD-PAL
STIPULATED PROTECTIVE ORDER

Case 2:18-cv-01044-JAD-PAL Document 34 Filed 01/11/19 Page 2 of 9

1

The Parties desire the procedures outlined in this Order shall apply to all documents, things
Federal
2 and information subject to discovery from or disclosed by the Parties pursuant to the Nevada
3 Rules of Civil Procedure.
4

The Parties intend that this stipulation be binding upon them and enforceable as an Order

5 of the Court. The Parties seek the Court’s approval and entry of the terms of this stipulation as an
6 Order of the Court.
7

IT IS HEREBY ORDERED THAT:

8

I.

(1)

The parties hereto recognize that some of the information, documents, and

9 the things that may be disclosed or may be discoverable under the Rules of Civil Procedure in this
10 action might allegedly include trade secret or other confidential information or proprietary
11 business or commercial information of the party from which discovery is sought (“Confidential
12 Information”), the public disclosure of which would likely be competitively harmful. To the
13 extent the parties produce documents and/or other things allegedly containing Confidential
14 Information which the producing party determines warrants protection, those documents shall be
15 subject to this Stipulated Protective Order Regarding Confidentiality.
16

(2)

The parties hereto agree that limitations on the disclosure and use of Confidential

17 Information are desirable for the orderly conduct of discovery in this action, while at the same
18 time providing protection from the misuse of each party’s Confidential Information.
19

(3)

Each party to this action who produces or discloses any documents, things,

20 interrogatory answers, admissions, deposition transcripts, or information which the producing or
21 disclosing party (“Producing Party”) reasonably believes to comprise or contain Confidential
22 Information, and which the Producing Party desires to be subject to this Protective Order, shall
23 have stamped or written upon that document or tangible thing one of the two following
24 designations as reasonably determined by the Producing Party:
25

(a)

“CONFIDENTIAL”, or

26

(b)

“CONFIDENTIAL ATTORNEY’S EYES ONLY”

27

All documents and tangible items so marked as provided in Paragraph I(3) must be visibly

28 marked on each page or separate item by the Producing Party as “CONFIDENTIAL” or
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD SUITE 350
LAS VEGAS, NV 89113

2
STIPULATED PROTECTIVE ORDER

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Case 2:18-cv-01044-JAD-PAL Document 34 Filed 01/11/19 Page 3 of 9

1 “CONFIDENTIAL ATTORNEY’S EYES ONLY.” A deposition transcript may be designated
2 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEY’S EYES ONLY” by any party or
3 witness by requesting such treatment thereof either (1) on the record, or (2) by written
4 communication mailed within thirty (30) days after receipt by the witness or his counsel of the
5 transcript.

All parties shall treat a deposition transcript as “CONFIDENTIAL” or

6 “CONFIDENTIAL ATTORNEY’S EYES ONLY,” respectively, during said thirty (30) day
7 period. If “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEY’S EYES ONLY” treatment of
8 a transcript is requested on the record, the court reporter shall be instructed to mark the face of the
9 transcript(s) containing the designated testimony with the designation “CONFIDENTIAL” and/or
The parties
shall
comply with
the
provisions
of LR IA
10-5
regarding
documents
filed under
seal and
the Ninth
Circuit's
decisions of
Kamakana
and
Chrysler.

10 “CONFIDENTIAL ATTORNEY’S EYES ONLY.” The party requesting confidential designation
11 shall identify by page and line the portions of the transcript that the requesting party intends to
12 designate as Confidential Information in written correspondence served to all counsel of record
13 within 30 days after the requesting party receives the written deposition transcript from the court
14 reporter. Only the portions of the deposition transcript designated by the producing party during
15 this time period shall remain confidential subject to this Order. Copies of all exhibits designated
16 “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEY’S EYES ONLY” shall be separately
17 marked accordingly. If the designated transcript portions are filed with the Court, the designated
18 portion shall at the time of filing be sealed as provided in Paragraph VIII below and within the
19 sealed envelope, identified as being “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEY’S
20 EYES ONLY.”
21

II.

(1)

All documents and tangible things marked as CONFIDENTIAL or

22 CONFIDENTIAL ATTORNEY’S EYES ONLY shall be held by the Party receiving same (the
23 “Receiving Party”) in confidence and used solely for the purpose of this case. . Counsel of record
24 for the parties may maintain a copy of the Confidential Information for document retention
25 purposes as well as their own documents that are work product or subject to attorney-client
26 privilege. This Order shall continue to apply to information designated as “CONFIDENTIAL” or
27 “CONFIDENTIAL ATTORNEY’S EYES ONLY” following the conclusion of this matter.
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD SUITE 350
LAS VEGAS, NV 89113

(2)

All

information

designated

“CONFIDENTIAL”
3

STIPULATED PROTECTIVE ORDER

or

“CONFIDENTIAL
2:18-cv-01044-JAD-PAL

Case 2:18-cv-01044-JAD-PAL Document 34 Filed 01/11/19 Page 4 of 9

1 ATTORNEY’S EYES ONLY” disclosed or produced in the course of this litigation shall be used
2 for purposes in the action Rishi v. GEICO Casualty Co., Case No. 2:18-cv-01044-JAD-PAL and
3 shall not be disclosed except in accordance with the provisions of this Order.
4

(3)

All information designated “CONFIDENTIAL ATTORNEY’S EYES ONLY”

5 shall be subject to the following additional restriction: It shall be held in confidence by outside
6 counsel of record for the Receiving Party, experts, consultants, and other companies/individuals
7 hired to assist with this matter such as outside copying services and data processing companies
8 who execute the Undertaking attached hereto as Exhibit “A” and shall not be disclosed by said
9 outside counsel to their respective clients or to anyone else, including (but not by way of
10 limitation) any officers, directors, in-house counsel, general counsel, managing agents and/or
11 employees of the Receiving Party, consultants retained by same, or employees of such consultants.
12

(4)

All information designated “CONFIDENTIAL” shall be subject to the same

13 restrictions as set forth in Paragraph II (3) above, except that such information may be disclosed
14 by outside counsel of record to a named party, if that party is an individual, or to no more than
15 three Directors, Officers, or employee representatives of a party if that party is a corporation.
16

III.

It shall be the responsibility of each party to this Order to advise all persons,

17 including counsel of record and expert(s), shown or given any designated information, of this
18 Order, and they shall be bound thereby. Furthermore, (with the exception of counsel of record,
19 attorneys within the law firms of such counsel, secretaries, paralegals and other staff of counsel of
20 record, court reporters and videographers for depositions, mediators and their staff, and the court
21 and court personnel) all persons authorized herein who are shown or given any designated
22 information shall first sign an undertaking in the form attached hereto as Exhibit A.
23

IV.

This Order by itself shall not expand nor limit the rights of any party, during the

24 course of discovery, either (1) to demand additional information on any ground, or (2) to object or
25 withhold additional information or documentation.

Nor, conversely, shall this Order limit the

26 right of any party to move the Court to compel the production of any such evidence on any
27 ground. Subject to the Producing Party seeking relief from the Court as provided in paragraph VII
28 below, this Order shall not inhibit the dissemination or use of any Confidential Information if that
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD SUITE 350
LAS VEGAS, NV 89113

4
STIPULATED PROTECTIVE ORDER

2:18-cv-01044-JAD-PAL

Case 2:18-cv-01044-JAD-PAL Document 34 Filed 01/11/19 Page 5 of 9

1 same information has been or is obtained by the Receiving Party from sources other than, and
2 independent from, the Producing Party, under circumstances that place no restriction on the use or
3 disclosure of the information by the Receiving Party. Nothing in this Order by itself or in any
4 Party’s compliance with its provisions shall be construed to preclude a Party from seeking and
5 obtaining Confidential Information or other information by discovery request or judicial request or
6 other judicial process in this or any other action.
7

V.

In the event any Confidential Information is used in any proceeding herein, it shall

8 not lose its designated status through such use, and the parties shall take all steps reasonably
9 required to protect such confidentiality against misuse. Neither the taking of any action in
10 accordance with the provisions of this Protective Order, nor the failure to object thereto, shall be
11 construed as a waiver of any claim or defense in this action. Except as expressly provided herein,
12 the entry of this Order shall not be construed as a waiver of any right to object to the furnishing of
13 information in response to discovery and conversely, except as expressly provided herein, by itself
14 shall not relieve any party of the obligation of producing discoverable information in the course of
15 discovery.
16

VI.

Maintenance of the protected status of any Confidential Information shall in all

17 cases be subject to further order of this Court and nothing herein shall preclude any party upon
18 reasonable notice to all parties from applying to this Court for any modification of this Order or
19 moving the Court for an order changing the status of any designated information or otherwise
20 relieving the Receiving Party from the restrictions contained in this Protective Order or from
21 applying to the Court for further or additional Protective Orders. In such a motion, the party
22 designating or seeking to restrict the use or distribution of any information or discovery material
23 shall bear the burden of persuasion. The designations under Paragraph I(3) shall be made by the
24 parties hereto reasonably and in good faith.
25

VII.

(1)

Any documents containing Confidential Information that are filed with the

26 Court for any purpose shall be submitted with a request to file under seal pursuant to appropriate
27 rules, and shall be placed in a sealed envelope or container marked on the outside with the title of
28 the action and with a statement substantially in the following form:
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD SUITE 350
LAS VEGAS, NV 89113

5
STIPULATED PROTECTIVE ORDER

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Case 2:18-cv-01044-JAD-PAL Document 34 Filed 01/11/19 Page 6 of 9

1

“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER”

2

This envelope (or container) containing the above-identified papers filed by (name of

3 party) is not to be opened nor the contents thereof displayed or revealed to anyone other than
4 Court personnel, except by further Court Order.
5

(2)

This Order shall not govern the use of Confidential Information at trial or hearings

6 in this matter.
7

VIII.

The Parties and any other person subject to the terms of this Order agree that this

8 Court shall have and shall retain jurisdiction over it and over them during and for 6 months after
9 this action is terminated, for the purpose of enforcing this Order.
10

IX.

The Parties to this agreement may change its terms or effects by further mutual

11 agreement in writing, as approved by the Court.
12

X.

If a party to whom confidential information has been produced receives a

13 subpoena, agency request for information or other legal process seeking disclosure of such
14 Confidential Information, said party shall notify the producing party of such request and its
15 intention to comply therewith in order to give the producing party the opportunity to seek a
16 protective order or to otherwise take action to prevent disclosure. If the producing party does not
17 act to protect its interests in accordance with applicable procedural rules by objecting within 14
18 days after receiving notice of the subpoena/request, the other party in receipt of the subpoena,
19 / / /
20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD SUITE 350
LAS VEGAS, NV 89113

6
STIPULATED PROTECTIVE ORDER

2:18-cv-01044-JAD-PAL

Case 2:18-cv-01044-JAD-PAL Document 34 Filed 01/11/19 Page 7 of 9

1 agency request for information or other legal process shall be entitled to disclose the confidential
2 information to the requestor.
3

SO STIPULATED AND AGREED:

4

DATED this 11th day of January, 2019

5

NAQVI INJURY LAW

6
By

7
8
9
10
11

/s/ Elizabeth E. Coleman
Farhan R. Naqvi, Nevada Bar No. 8589
Elizabeth E. Coleman, Nevada Bar No. 12350
Paul G. Albright, Nevada Bar No. 14159
9500 West Flamingo Road, Suite 104
Las Vegas, Nevada 89147
Tel. [phone]
Attorneys for Plaintiffs

12
DATED this 11th day of January, 2019

13

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

14
15
16

By

17
18
19

/s/ Jonathan W. Carlson
Wade M. Hansard, Nevada Bar No. 8104
Jonathan W. Carlson, Nevada Bar No. 10536
Renee M. Maxfield, Nevada Bar No. 12814
8337 West Sunset Road, Suite 350
Las Vegas, Nevada 89113
Tel. [phone]

20
Attorneys for Defendant

21
22

5590739.1

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24
25
26
27
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD SUITE 350
LAS VEGAS, NV 89113

7
STIPULATED PROTECTIVE ORDER

2:18-cv-01044-JAD-PAL

Case 2:18-cv-01044-JAD-PAL Document 34 Filed 01/11/19 Page 8 of 9

Rishi v. GEICO Cas. Co.
Case No. 2:18-cv-01044-JAD-PAL

1
2
3

GOOD CAUSE APPEARING from the stipulation of the parties,

4

IT IS SO ORDERED that the parties' stipulation is approved as modified by the court.

5

DATED this 23rd day of January, 2019

6
7

By
UNITED STATES MAGISTRATE JUDGE

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD SUITE 350
LAS VEGAS, NV 89113

8
STIPULATED PROTECTIVE ORDER

2:18-cv-01044-JAD-PAL

Case 2:18-cv-01044-JAD-PAL Document 34 Filed 01/11/19 Page 9 of 9

1

Attachment A

2

UNDERTAKING

3

I, ________________________, state that:

4

1.

My address is ___________________________________________.

5

2.

My present employer is ____________________________________.

6

3.

My present occupation or job description is ____________________.

7

4.

I have received a copy of the Protective Order in this case signed by the Court on

8 _____________________________ in the case of Rishi v. GEICO Casualty Co., Case No. 2:189 cv-01044-JAD-PAL, in the United States District Court, District of Nevada.
10

5.

I have carefully read and understand the provisions of the Protective Order. I will

11 comply with all of its provisions, including holding in confidence and not disclosing to anyone not
12 qualified under the Protective Order any designated information or any words, substances,
13 summaries, abstracts, or indices of designated information, and copies thereof, which come into
14 my possession, and documents or things which I have prepared relating thereto, except to counsel
15 for the party by whom I am retained.
16

6.

I hereby consent to be subject to personal jurisdiction of the District Court, Clark

17 County, Nevada, in respect to any proceeding relative to the enforcement of the Protective Order,
18 including any proceedings relative to contempt of Court.
19
20
Signature

21
22
23

DATED this ___ day of _______________, 2019
[FIRM NAME]

24
25
26
27

By
[ATTORNEY NAME]
Attorneys for [Party]

28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
8337 W. SUNSET RD SUITE 350
LAS VEGAS, NV 89113

9
STIPULATED PROTECTIVE ORDER

2:18-cv-01044-JAD-PAL