Tolliver et al. vs. Lyon County School District, et al.

Filing 37

PROTECTIVE ORDER granting 35 Stipulated Protective Order. Signed by Magistrate Judge William G. Cobb on 4/16/2018. (Copies have been distributed pursuant to the NEF - HJ)

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1 2 3 4 5 Katherine F. Parks, Esq. - State Bar No. 6227 Thorndal Armstrong Delk Balkenbush & Eisinger 6590 S. McCarran Blvd., Suite B Reno, Nevada 89509 (775) 786-2882 Attorneys for Defendant CITY OF YERINGTON 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 10 11 12 CHARLES TOLLIVER; J.T.; a minor by and through her guardian ad litem CHARLES TOLLIVER; and T.M., a minor by and through her guardian ad litem NANCY MARRIOTTTOLLIVER, Plaintiffs, CASE NO. 3:18-cv-00003-LRH-WGC STIPULATED PROTECTIVE ORDER 13 14 15 vs. LYON COUNTY SCHOOL DISTRICT, and CITY of YERINGTON, 16 Defendants. 17 18 19 20 21 In order to protect the confidentiality of confidential information obtained by the parties 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 22 page or otherwise set forth herein) any document or response to discovery which that party or 23 non-party considers in good faith to contain confidential information, including but not limited to 24 personal information of juveniles or students, subject to protection under the Federal Rules of 25 26 27 28 Civil Procedure, Family Educational Rights and Privacy Act, or state or federal law (“Confidential Information”). Where a document or response consists of more than one page, the first page and each page on which confidential information appears shall be so designated. -1- 1 2. A party or non-party may designate information disclosed during a deposition or 2 in response to written discovery as “confidential” by so indicating in said response or a party or 3 non-party may designate in writing, within twenty (20) days after receipt of said responses or of 4 5 6 the deposition transcript for which the designation is proposed, that specific pages of the transcript and/or specific responses be treated as “confidential” information. Any other party 7 may object to such proposal, in writing or on the record. Upon such objection, the parties shall 8 follow the procedures described in paragraph 8 below. After any designation made according to 9 the procedure set forth in this paragraph, the designated documents or information shall be 10 treated according to the designation until the matter is resolved according to the procedures 11 12 described in paragraph 8 below, and counsel for all parties shall be responsible for making all 13 previously unmarked copies of the designated material in their possession or control with the 14 specific designation. 15 16 17 18 19 20 21 22 23 24 3. All information produced or exchanged in the course of this case (other than information that is publicly available) shall be used by the party or parties to whom the information is produced solely for the purpose of this case. 4. Except with the prior written consent of other parties, or upon the prior order of this Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to any person other than: (a) counsel for the respective parties to this litigation, including in-house counsel and co-counsel retained for this litigation; 25 (b) employees of such counsel; 26 (c) individual parties, class representatives, any officer or employee of a party, to the 27 extent deemed necessary by Counsel for the prosecution or defense of this litigation; 28 -2- 1 (d) consultants or expert witnesses retained for the prosecution or defense of this 2 litigation, provided that each such person shall execute a copy of the Certification annexed to this 3 Order as Exhibit “A” (which shall be retained by counsel to the party so disclosing the 4 5 6 7 Confidential Information and made available for inspection by opposing counsel during the pendency or after the termination of the action only upon good cause shown and upon order of the Court) before being shown or given any Confidential Information; 8 (e) any authors or recipients of the Confidential Information; 9 (f) the Court, Court personnel, and court reporters; and (g) witnesses (other than persons described in paragraph 4(e)). A witness shall sign 10 11 12 the Certification before being shown a confidential document. Confidential Information may be 13 disclosed to a witness who will not sign the Certification only in a deposition at which the party 14 who designated the Confidential Information is represented or has been given notice that 15 Confidential Information shall be designated “Confidential” pursuant to paragraph 2 above. 16 17 18 Witnesses shown Confidential Information shall not be allowed to retain copies. 5. Any persons receiving Confidential Information shall not reveal or discuss such 19 information to or with any person who is not entitled to receive such information, except as set 20 forth herein. 21 22 23 24 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 those documents under seal, and shall be filed consistent with the court’s electronic filing procedures 25 in accordance with Local Rule IA 10-5. Notwithstanding any agreement among the parties, the 26 party seeking to file a paper under seal bears the burden of overcoming the presumption in favor 27 28 of public access to papers filed in court. Kamakana v. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006); Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2010). See also, Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016). -3- 1 7. A party may designate as “Confidential” documents or discovery materials 2 produced by a non-party by providing written notice to all parties of the relevant document 3 numbers of other identification within thirty (30) days after receiving such documents or 4 5 6 7 8 9 10 discovery materials. Any party or non-party may voluntarily disclose to others without restriction any information designated by that party or non-party as confidential, although a document may lose its confidential status if it is made public. 8. If a party contends that any material is not entitled to confidential treatment, such party may at any time give written notice to the party or non-party who designated the material. The party or non-party who designated the material shall have twenty-five (25) days from the 11 12 receipt of such written notice to apply to the Court for an order designating the material as 13 confidential. The party or non-party seeking the order has the burden of establishing that the 14 document is entitled to protection. 15 16 17 18 19 20 21 22 23 24 9. Notwithstanding any challenge to the designation of material as Confidential Information, all documents shall be treated as such and shall be subject to the provisions hereof unless and until one of the following occurs: (a) the party or non-party claims that the material is Confidential Information withdraws such designation in writing; or (b) the party or non-party who claims that the material is Confidential Information fails to apply to the Court for an order designating the material confidential within the time period specified above after receipt of a written challenge to such designation; or 25 (c) the Court rules the material is not confidential. 26 10. All provisions of this Order restricting the communication or use of Confidential 27 28 Information shall continue to be binding after the conclusion of this action, unless otherwise agreed or ordered. Upon conclusion of the litigation, a party in the possession of Confidential -4- 1 Information, other than that which is contained in pleadings, correspondence, and deposition 2 transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion 3 of this action to counsel for the party or non-party who provided such information, or (b) destroy 4 5 6 such documents within the time period upon consent of the party who provided the information and certify in writing within thirty (30) days that the documents have been destroyed. 11. 7 8 use of documents at trial. 9 10 The terms of this Order do not preclude, limit, restrict, or otherwise apply to the 12. Nothing herein shall be deemed to waive any applicable privilege or work product protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 11 12 protected by privilege or work protection. 13 /// 14 /// 15 /// 16 17 18 /// /// 19 /// 20 /// 21 22 23 24 /// /// /// 25 /// 26 /// 27 /// 28 -5- 1 13. Any witness or other person, firm or entity from which discovery is sought may 2 be informed of and may obtain the protection of this Order by written advice to the parties’ 3 respective counsel or by oral advice at the time of any deposition or similar proceeding. 4 5 6 7 8 9 10 DATED this 12th day of April, 2018. DATED this 12th day of April, 2018. LAW OFFICES OF TERRI KEYSER-COOPER THORNDAL ARMSTRONG DELK BALKENBUSH & EISINGER By: / s / Terri Keyser-Cooper, Esq. Terri Keyser-Cooper 3590 Barrymore Drive Reno, Nevada 89512 Attorney for Plaintiffs DATED this 12th day of April, 2018. 11 12 13 14 15 16 17 18 19 20 21 22 23 By: / s / Katherine F. Parks, Esq. Katherine F. Parks, Esq. State Bar. No. 6227 6590 S. McCarran Blvd, Suite B Reno, NV 89509 Attorneys for Defendants DOYLE LAW OFFICE, PLLC CITY OF YERINGTON By: / s / Kerry S. Doyle, Esq. Kerry S. Doyle, Esq. 8755 Technology Way, Suite 1 Reno, NV 89521 Attorneys for Plaintiffs DATED this 12th day of April, 2018. ERICKSON THORPE & SWAINSTON, LTD. By: / s / Ann M. Alexander, Esq. Ann Alexander, Esq. 99 W. Arroyo Street PO Box 3559 Reno, NV 89505 Attorneys for Defendant LYON COUNTY SCHOOL DISTRICT ORDER 24 25 IT IS SO ORDERED. 26 April DATED: This ______ day of _____________________2018. 16th 27 28 _________________________________________ UNITED STATES MAGISTRATE JUDGE -6- EXHIBIT “A” 1 2 3 4 5 6 CERTIFICATION I hereby certify my understanding that Confidential Information is being provided to me pursuant to the terms and restrictions of the Protective Order dated _________________, 2018, in CHARLES TOLLIVER; J.T.; a minor by and through her guardian ad litem CHARLES 7 TOLLIVER; and T.M., a minor by and through her guardian ad litem NANCY MARRIOTT- 8 TOLLIVER, Plaintiffs, vs. LYON COUNTY SCHOOL DISTRICT, and CITY of 9 YERINGTON, Defendants, Civil No. 3:18-cv-00003-LRH-WGC. I have been given a copy of 10 that Order and read it. I agree to be bound by the Order. I will not reveal the Confidential 11 12 Information to anyone, except as allowed by the Order. I will maintain all such Confidential 13 Information – including copies, notes, or other transcriptions made therefrom – in a secure 14 manner to prevent unauthorized access to it. No later than thirty (30) days after the conclusion 15 of this action, I will return the Confidential Information – including copies, notes, or other 16 17 18 19 20 transcriptions made therefrom – to the counsel who provided me with the Confidential Information. I hereby consent to the jurisdiction of the United States District Court for the purpose of enforcing the Protective Order. DATED: __________________. 21 22 23 ______________________________ 24 25 26 27 28 -7-

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