Anderson vs John Doe, et al

Filing 20

ORDER that ECF No. 19 Stipulated Confidentiality Agreement and Discovery Confidentiality Order is GRANTED. Signed by Magistrate Judge William G. Cobb on 3/29/2018. (Copies have been distributed pursuant to the NEF - LH)

Case 3:17-cv-00486-WGC Document 19 Filed 03/28/18 Page 1 of 10

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Byron L. Ames, Esq. (#7581)
AMES & AMES, LLP
8275 S. Eastern Ave, Ste. 200-723
Las Vegas, Nevada 89123
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Warren G. Fenton and
CR England, Inc.

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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RANDALL EUGENE ANDERSON,
Case No.: 3:17-cv-00486-RCJ-WGC

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Plaintiff,
v.

STIPULATED CONFIDENTIALITY
AGREEMENT AND DISCOVERY
CONFIDENTIALITY ORDER

WARREN G. FENTON, an individual, CR
ENGLAND, INC., a business incorporated
in the State of Utah and DOES 3-100,
Defendants,

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Plaintiff Randall Eugene Anderson (“Plaintiff”) by and through his counsel, and
Defendants Warren G. Fenton and C.R. England, Inc. (“Defendants”) by and through their
counsel (Plaintiff and Defendants collectively referred to as the “Parties”), acknowledge that
the discovery in the above-captioned matter is likely to involve the disclosure of confidential
information and, therefore, the Parties hereby stipulate and agree as follows:
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Any party to this litigation and any third-party shall have the right to designate as

“Confidential” and subject to this Stipulated Confidentiality Agreement and Discovery
Confidentiality Order and any information, document, or thing, or portion of any document or
thing: (a) that contains trade secrets, competitively sensitive technical, marketing, financial,

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sales or other confidential business information, or (b) that contains private or confidential

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personal information, or (c) that contains information received in confidence from third parties,

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or (d) which the producing party otherwise believes in good faith to be entitled to protection

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under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure. Any party to this litigation or

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any third party covered by this Stipulated Confidentiality Agreement and Discovery

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Confidentiality Order, who produces or discloses any Confidential material, including without

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limitation any information, document, thing, interrogatory answer, admission, pleading, or

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testimony, shall mark the same with the foregoing or similar legend: “CONFIDENTIAL” or
“CONFIDENTIAL – SUBJECT TO DISCOVERY CONFIDENTIALITY ORDER”
(hereinafter “Confidential”).
2.

Any party to this litigation and any third-party shall have the right to designate as

“Attorneys’ Eyes Only” and subject to this Stipulated Confidentiality Agreement and Discovery
Confidentiality Order any information, document, or thing, or portion of any document or thing
that contains highly sensitive business or personal information, the disclosure of which is highly
likely to cause significant harm to an individual or to the business or competitive position of the

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designating party. Any party to this litigation or any third party who is covered by this Stipulated

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Confidentiality Agreement and Discovery Confidentiality Order, who produces or discloses any

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Attorneys’ Eyes Only material, including without limitation any information, document, thing,
interrogatory answer, admission, pleading, or testimony, shall mark the same with the foregoing
or similar legend: “ATTORNEYS’ EYES ONLY” or “ATTORNEYS’ EYES ONLY –

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SUBJECT TO DISCOVERY CONFIDENTIALITY ORDER” (hereinafter “Attorneys’ Eyes

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Only”).

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3.

All Confidential material shall be used by the receiving party solely for purposes

of the prosecution or defense of this action, shall not be used by the receiving party for any
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Case 3:17-cv-00486-WGC Document 19 Filed 03/28/18 Page 3 of 10

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business, commercial, competitive, personal or other purpose, and shall not be disclosed by the

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receiving party to anyone other than those set forth in Paragraph 4, unless and until the

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restrictions herein are removed either by written agreement of counsel for the parties, or by

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Order of the Court. It is, however, understood that counsel for a party may give advice and

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opinions to his or her client solely relating to the above-captioned action based on his or her

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evaluation of Confidential material, provided that such advice and opinions shall not reveal the

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content of such Confidential material except by prior written agreement of counsel for the

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parties, or by Order of the Court.
4.

Confidential material and the contents of Confidential material may be disclosed

only to the following individuals under the following conditions:
(a)

Outside counsel (herein defined as any attorney at the parties’ outside law

firms) and relevant in-house counsel for the parties;
(b)

Outside experts or consultants retained by outside counsel for purposes of

this action, provided they have signed a non-disclosure agreement in the form attached
hereto as Exhibit A.

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(c)

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of the foregoing;

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Secretarial, paralegal, clerical, duplicating and data processing personnel

(d)

The Court and court personnel;

(e)

Any deponent may be shown or examined on any information, document

or thing designated Confidential if it appears that the witness authored or received a copy

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of it, was involved in the subject matter described therein or is employed by the party who

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produced the information, document or thing, or if the producing party consents to such

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disclosure;

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(f)

Vendors retained by or for the parties to assist in preparing for pretrial

discovery, trial and/or hearings including, but not limited to, court reporters, litigation
support personnel, jury consultants, individuals to prepare demonstrative and audiovisual

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aids for use in the courtroom or in depositions or mock jury sessions, as well as their staff,

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stenographic, and clerical employees whose duties and responsibilities require access to

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such materials; and

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(g)

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The parties. In the case of parties that are corporations or other business

entities, “party” shall mean executives who are required to participate in decisions with
reference to this lawsuit.
5.

Confidential material shall be used only by individuals permitted access to it under

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Paragraph 4. Confidential material, copies thereof, and the information contained therein, shall

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not be disclosed in any manner to any other individual, until and unless (a) outside counsel for

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the party asserting confidentiality waives the claim of confidentiality, or (b) the Court orders
such disclosure.
6.

With respect to any depositions that involve a disclosure of Confidential material

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of a party to this action, such party shall have until thirty (30) days after receipt of the deposition

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transcript within which to inform all other parties that portions of the transcript are to be

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designated Confidential, which period may be extended by agreement of the parties. No such
deposition transcript shall be disclosed to any individual other than the individuals described in
Paragraph 4(a), (b), (c), (d) and (f) above and the deponent during these thirty (30) days, and no

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individual attending such a deposition shall disclose the contents of the deposition to any

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individual other than those described in Paragraph 4(a), (b), (c), (d) and (f) above during said

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thirty (30) days. Upon being informed that certain portions of a deposition are to be designated

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as Confidential, all parties shall immediately cause each copy of the transcript in its custody or
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Case 3:17-cv-00486-WGC Document 19 Filed 03/28/18 Page 5 of 10

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control to be appropriately marked and limit disclosure of that transcript in accordance with

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Paragraphs 3 and 4.

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7.

Material produced and marked as Attorneys’ Eyes Only may be disclosed only to

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outside counsel for the receiving party and to such other persons as counsel for the producing
party agrees in advance or as Ordered by the Court.
8.

If counsel for a party receiving documents or information designated as

Confidential or Attorneys’ Eyes Only hereunder objects to such designation of any or all of
such items, the following procedure shall apply:
(a)

Counsel for the objecting party shall serve on the designating party or third

party a written objection to such designation, which shall describe with particularity the

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documents or information in question and shall state the grounds for objection. Counsel

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for the designating party or third party shall respond in writing to such objection within

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14 days and shall state with particularity the grounds for asserting that the document or
information is Confidential or Attorneys’ Eyes Only. If no timely written response is made
to the objection, the challenged designation will be deemed to be void. If the designating

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party or nonparty makes a timely response to such objection asserting the propriety of the

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designation, counsel shall then confer in good faith in an effort to resolve the dispute.

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(b)

If a dispute as to a Confidential or Attorneys’ Eyes Only designation of a

document or item of information cannot be resolved by agreement, the proponent of the
designation being challenged shall present the dispute to the Court in accordance with

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Local Court Rules, before filing a formal motion for an order regarding the challenged

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designation. The document or information that is the subject of the filing shall be treated

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as originally designated pending resolution of the dispute.

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9.

All requests to seal documents filed with the Court shall comply with

Court Rules.
10.

If the need arises during trial or at any Hearing before the Court for any party to

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disclose Confidential or Attorneys’ Eyes Only information, it may do so only after giving notice
to the producing party and as directed by the Court.
11.

To the extent consistent with applicable law, the inadvertent or unintentional

disclosure of Confidential material that should have been designated as such, regardless of
whether the information, document or thing was so designated at the time of disclosure, shall
not be deemed a waiver in whole or in part of a party’s claim of confidentiality, either as to the
specific information, document or thing disclosed or as to any other material or information

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concerning the same or related subject matter. Such inadvertent or unintentional disclosure may

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be rectified by notifying in writing counsel for all parties to whom the material was disclosed

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that the material should have been designated Confidential within a reasonable time after
disclosure. Such notice shall constitute a designation of the information, document or thing as
Confidential under this Agreement and the Discovery Confidentiality Order.
12.

When the inadvertent or mistaken disclosure of any information, document or

thing protected by privilege or work-product immunity is discovered by the producing party
and brought to the attention of the receiving party, the receiving party’s treatment of such
material shall be in accordance with Federal Rule of Civil Procedure 26(b)(5)(B). Such
inadvertent or mistaken disclosure of such information, document or thing shall not by itself

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constitute a waiver by the producing party of any claims of privilege or work-product immunity.

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However, nothing herein restricts the right of the receiving party to challenge the producing

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party’s claim of privilege if appropriate within a reasonable time after receiving notice of the

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inadvertent or mistaken disclosure.
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13.

No information that is in the public domain or which is already known by the

receiving party through proper means or which is or becomes available to a party from a source
other than the party asserting confidentiality, rightfully in possession of such information on a

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non-confidential basis, shall be deemed or considered to be Confidential material under this
Stipulated Confidentiality Agreement and Discovery Confidentiality Order.
14.

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shall not deprive any party of its right to object to discovery by any other party or on any
otherwise permitted ground. This Discovery Confidentiality Order is being entered without
prejudice to the right of any party to move the Court for modification or for relief from any of
its terms.
15.

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This Stipulated Confidentiality Agreement and Discovery Confidentiality Order

This Stipulated Confidentiality Agreement and Discovery Confidentiality Order

shall survive the termination of this action and shall remain in full force and effect unless
modified by an Order of this Court or by the written stipulation of the parties filed with the
Court.
16.

Upon final conclusion of this litigation, each party or other individual subject to

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the terms hereof shall be under an obligation to assemble and to return to the originating source

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all originals and unmarked copies of documents and things containing Confidential material

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and to destroy, should such source so request, all copies of Confidential material that contain
and/or constitute attorney work product as well as excerpts, summaries and digests revealing
Confidential material; provided, however, that counsel may retain complete copies of all

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transcripts and pleadings including any exhibits attached thereto for archival purposes, subject

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to the provisions of this Stipulated Confidentiality Agreement and Discovery Confidentiality

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Order. To the extent a party requests the return of Confidential material from the Court after the

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Case 3:17-cv-00486-WGC Document 19 Filed 03/28/18 Page 8 of 10

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final conclusion of the litigation, including the exhaustion of all appeals therefrom and all

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related proceedings, the party shall file a motion seeking such relief.

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DATED this 28th day of March, 2018.

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/s/ Byron L. Ames
Byron L. Ames, Esq. (#7581)
AMES & AMES, LLP
8275 S. Eastern Ave, Ste. 200-723
Las Vegas, Nevada 89123
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Warren G. Fenton and
CR England, Inc.
ORDER

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/s/ Charles R. Kozak
Charles R. Kozak, Esq. (# 11179)
KOZAK & ASSOCIATES, LLC.
3100 Mill Street, Suite 115
Reno, Nevada 89502
Tel: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff Randall Eugene
Anderson

IT any motion regarding
Paragraph 9 is modified to reflect thatIS SO ORDERED: filing confidential
ORDER
information and motions to seal shall comply with LR IA 10-5 and the dictates of Kamakana v.
City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). See also, Center for Auto Safety v.
Paragraph 9 is modified to reflect that any motion to file documents under seal must also
Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016).
comply with Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092 (2016).
UNITED STATES MAGISTRATE JUDGE
Paragraphs 15 and 16 are modified to reflect that although the parties may agree to be
Paragraph 16 is modified to reflect that although the parties may agree to be bound by the
DATED
bound by the confidentiality terms of this Order beyond the conclusion of this lawsuit, the
confidentiality terms of this Order beyond the conclusion of this lawsuit, the dismissal of this
dismissal of this action will terminate the jurisdiction of this court.
action will terminate the jurisdiction of this court.

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IT IS SO ORDERED.

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DATED: March 29, 2018.

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_________________________________________
UNITED STATES MAGISTRATE JUDGE

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Case 3:17-cv-00486-WGC Document 19 Filed 03/28/18 Page 10 of 10

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EXHIBIT A

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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RANDALL EUGENE ANDERSON,
Plaintiff,

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AGREEMENT TO BE BOUND BY
DISCOVERY CONFIDENTIALITY
ORDER

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v.

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WARREN G. FENTON, an individual, CR
ENGLAND, INC., a business incorporated
in the State of Utah and DOES 3-100,

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Case No.: 3:17-cv-00486-RCJ-WGC

Defendants,
I, _______________________________, being duly sworn, state that:

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1.

My address is _______________________________________________.

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2.
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My present employer is ___________________________ and the address of my present
employment is ______________________________________________.

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3.

My present occupation or job description is _______________________.

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4.

I have carefully read and understood the provisions of the Discovery Confidentiality Order in
this case signed by the Court, and I will comply with all provisions of the Discovery
Confidentiality Order.

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5.
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I will hold in confidence and not disclose to anyone not qualified under the Discovery
Confidentiality Order any Confidential Material or any words, summaries, abstracts, or indices
of Confidential Information disclosed to me.
I will limit use of Confidential Material disclosed to me solely for purpose of this action.
No later than the final conclusion of the case, I will return all Confidential Material and
summaries, abstracts, and indices thereof which come into my possession, and documents or
things which I have prepared relating thereto, to counsel for the party for whom I was employed
or retained.
I declare under penalty of perjury that the foregoing is true and correct.
Dated: _________________
_______________________________________
[Name]
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