Wagner v. Washoe County et al

Filing 44

PROTECTIVE ORDER re 42 Stipulation. Signed by Magistrate Judge William G. Cobb on 8/28/13. (Copies have been distributed pursuant to the NEF - JC)

Case 3:11-cv-00537-RCJ-WGC Document 42 Filed 08/27/13 Page 1 of 7

1
2
3
4

Herbert B. Kaplan
Deputy District Attorney
Nevada State Bar Number 7395
P. O. Box 11130
Reno, NV 89520
[phone]
ATTORNEYS FOR DEFENDANTS

5
6

UNITED STATES DISTRICT COURT

7

DISTRICT OF NEVADA

8

***

9

BRYAN WAGNER,
Plaintiff,

10
vs.

11
12
13
14

3:11-CV-00537-RCJ-WGC

WASHOE COUNTY HEALTH DISTRICT,
WASHOE COUNTY, MARY ANDERSON,
ROBERT SACK, and DAVE McNINCH,

STIPULATED PROTECTIVE
ORDER

Defendants.
_____________________________/

15
COME NOW Defendants, by and through counsel, Herbert B. Kaplan, Deputy District

16
17

Attorney, and Plaintiff, Bryan Wagner, by and through his counsel, Kenneth McKenna, Esq.,

18

and hereby stipulate and agree to the following protective order in this case:
STIPULATED PROTECTIVE ORDER

19

In order to protect the confidentiality of confidential information obtained by the parties

20
21

in connection with this case, the parties hereby agree as follows:
1. Any party or non-party may designate as "confidential" (by stamping the relevant page

22
23

or other otherwise set forth herein) any document or response to discovery which that party or

24

non-party considers in good faith to contain confidential information under the Federal Rules of

25

Civil Procedure or Nevada law ("Confidential Information"). Where a document or response

26

//
-1-

Case 3:11-cv-00537-RCJ-WGC Document 42 Filed 08/27/13 Page 2 of 7

1

consists of more than one page, the first page and each page on which confidential information

2

appears shall be so designated.

3

2. A party or non-party may designate information disclosed during a deposition or in

4

response to written discovery as "confidential" by so indicating in said response or on the record

5

at the deposition and requesting the preparation of a separate transcript of such material.

6

Additionally a party or non-party may designate in writing, within twenty (20) days after receipt

7

of said responses or of the deposition transcript for which the designation is proposed, that

8

specific pages of the transcript and/or specific responses be treated as "confidential"

9

information. Any other party may object to such proposal, in writing or on the record. Upon

10

such objection, the parties shall follow the procedures described in paragraph 8 below. After any

11

designation made according to the procedure set forth in this paragraph, the designated

12

documents or information shall be treated according to the designation until the matter is

13

resolved according to the procedures described in paragraph 8 below, and counsel for all parties

14

shall be responsible for making all previously unmarked copies of the designated material in

15

their possession or control with the specified designation.

16

3. All information produced or exchanged in the course of this case (other than

17

information that is publicly available) shall be used by the party or parties to whom the

18

information is produced solely for the purpose of this case.

19

4. Except with the prior written consent of other parties, or upon prior order of this Court

20

obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to

21

any person other than:

22

(a) counsel for the respective parties to this litigation, including in-house counsel

23

and co-counsel retained for this litigation;

24

(b)employees of such counsel;

25

(c)individual defendants, class representatives, any officer or employee of a

26

party, to the extent deemed necessary by Counsel for the prosecution or defense
-2-

Case 3:11-cv-00537-RCJ-WGC Document 42 Filed 08/27/13 Page 3 of 7

1

of this litigation;

2

(d)consultants or expert witnesses retained for the prosecution or defense of this

3

litigation, provided that each such person shall execute a copy of the Certification

4

annexed to this Order as Exhibit "A" (which shall be retained by counsel to the

5

party so disclosing the Confidential Information and made available for

6

inspection by opposing counsel during the pendency or after the termination of

7

the action only upon good cause shown and upon order of the Court) before

8

being shown or given any Confidential Information and provided that if the party

9

chooses a consultant or expert employed by WASHOE COUNTY, the party shall

10

notify the opposing party, or designating nonparty, before disclosing any

11

Confidential Information to that individual and shall give the opposing party an

12

opportunity to move for a protective order preventing or limiting such disclosure;

13

(e)any authors or recipients of the Confidential Information;

14

(f) the Court, Court personnel, and court reporters; and,

15

(g) witnesses (other than persons described in paragraph 4(e)). A witness shall

16

sign the Certification before being shown a confidential document. Confidential

17

Information may be disclosed to a witness who will not sign the Certification

18

only in a deposition at which the party who designated the Confidential

19

Information is represented or has been given notice that Confidential Information

20

shall be designated "Confidential" pursuant to paragraph 2 above. Witnesses

21

shown Confidential Information shall not be allowed to retain copies.

22

5. Any persons receiving Confidential Information shall not reveal or discuss such

23

information to or with any person who is not entitled to receive such information, except as set

24

forth herein.

25
26

6. Unless otherwise permitted by statute, rule or prior court order, papers filed with the
court under seal shall be accompanied by a contemporaneous motion for leave to file
-3-

Case 3:11-cv-00537-RCJ-WGC Document 42 Filed 08/27/13 Page 4 of 7

1

those documents under seal, and shall be filed consistent with the court’s electronic

2

filing procedures in accordance with Local Rule 10-5(b). Notwithstanding any

3

agreement among the parties, the party seeking to file a paper under seal bears the

4

burden of overcoming the presumption in favor of public access to papers filed in

5

court. Kamakana v. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006).

6

7. A party may designate as "Confidential" documents or discovery materials produced

7

by a nonparty by providing written notice to all parties of the relevant document numbers or

8

other identification within thirty (30) days after receiving such documents or discovery

9

materials. Any party or non-party may voluntarily disclose to others without restriction any

10

information designated by that party or nonparty as confidential, although a document may lose

11

its confidential status if it is made public.

12

8. If a party contends that any material is not entitled to confidential treatment, such

13

party may at any time give written notice to the party or non-party who designated the material.

14

The party or nonparty who designated the material shall have twenty-five (25) days from the

15

receipt of such written notice to apply to the Court for an order designating the material as

16

confidential. The party or non-party seeking the order has the burden of establishing that the

17

document is entitled to protection.

18

9. Notwithstanding any challenge to the designation of material as Confidential

19

Information, all documents shall be treated as such and shall be subject to the provisions hereof

20

unless and until one of the following occurs:

21

(a) the party or non-party claims that the material is Confidential Information

22

withdraws such designation in writing; or

23

(b) the party or non-party who claims that the material is Confidential

24

Information fails to apply to the Court for an order designating the material

25

confidential within the time period specified above after receipt of a written

26

challenge to such designation; or
-4-

Case 3:11-cv-00537-RCJ-WGC Document 42 Filed 08/27/13 Page 5 of 7

(c)the Court rules the material is not confidential.

1
2

10. All provisions of this Order restricting the communication or use of Confidential

3

Information shall continue to be binding after the conclusion of this action, unless otherwise

4

agreed or ordered. Upon conclusion of the litigation, a party in the possession of Confidential

5

Information, other than that which is contained in pleadings, correspondence, and deposition

6

transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion

7

of this action to counsel for the party or nonparty who provided such information, or (b) destroy

8

such documents within the time period upon consent of the party who provided the information

9

and certify in writing within thirty (30) days that the documents have been destroyed.
11. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use

10
11

of documents at trial.
12. Nothing herein shall be deemed to waive any applicable privilege or work product

12
13

protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of

14

material protected by privilege or work product protection.
13. Any witness or other person, firm or entity from which discovery is sought may be

15
16

informed of and may obtain the protection of this Order by written advice to the parties'

17

respective counsel or by oral advice at the time of any deposition or similar proceeding.
14. The parties agree and stipulate that the notes from the 2009 interview for the

18
19

supervisory position for which Plaintiff was not chosen are confidential and those documents

20

//

21

//

22

//

23

//

24

//

25

//

26

//
-5-

Case 3:11-cv-00537-RCJ-WGC Document 42 Filed 08/27/13 Page 6 of 7

1

will be produced subject to this protective order with the understanding that the confidential

2

nature of those documents will not be challenged.

3

Dated this 27th day of August, 2013.
RICHARD A. GAMMICK
District Attorney

4
5

By /s/ Herbert B. Kaplan
Herbert B. Kaplan
Deputy District Attorney
P. O. Box 11130
Reno, NV 89520
[phone]

6
7
8
9

ATTORNEYS FOR DEFENDANTS
10
11

Dated this 27th day of August, 2013.

12
/s/ Kenneth McKenna
Kenneth J. McKenna, Esq.
544 West First Street
Reno, NV 89503
[phone]
ATTORNEY FOR PLAINTIFF

13
14
15
16

ORDER

17
18

IT IS SO ORDERED.

19

DATED :THIS
DAY OF
August 28, 2013.

, 2013.

20
21
U.S. MAGISTRATE JUDGE
22
23
24
25
26
-6-

Case 3:11-cv-00537-RCJ-WGC Document 42 Filed 08/27/13 Page 7 of 7

1
2

CERTIFICATION
I hereby certify my understanding that Confidential Information is being provided to me

3

pursuant to the terms and restrictions of the Protective Order dated, __________ in Wagner v.

4

Washoe County, Civil Case No. 3:11-CV-00537-ECR-RAM. I have been given a copy of that

5

Order and read it. I agree to be bound by the Order. I will not reveal the Confidential

6

Information to anyone, except as allowed by the Order. I will maintain all such Confidential

7

Information—including copies, notes, or other transcriptions made therefrom—in a secure

8

manner to prevent unauthorized access to it. No later than thirty (30) days after the conclusion of

9

this action, I will return the Confidential Information—including copies, notes or other

10

transcriptions made therefrom—to the counsel who provided me with the Confidential

11

Information. I hereby consent to the jurisdiction of the United States District Court for the

12

purpose of enforcing the Protective Order.

13
14

Certified this ___ day of ______________, 201__.

15
16
17
18

_____________________________

19
20
21
22
23
24
25
26
-7-