Wieland v. Board of Regents of the Nevada System of Higher Education
Filing
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PROTECTIVE ORDER on ECF No. 44 Stipulation re confidential information. Signed by Magistrate Judge Carla Baldwin on 2/17/2021. (Copies have been distributed pursuant to the NEF - DRM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ALICE WIELAND,
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Case No.: 3:19-CV-00724-MMD-CLB
STIPULATED PROTECTIVE ORDER
Plaintiff,
vs.
BOARD OF REGENTS OF THE
NEVADA SYSTEM OF HIGHER
EDUCATION, a political subdivision of
the State of Nevada
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In order to protect the confidentiality of confidential information obtained by the
parties in connection with this case, the parties hereby agree as follows:
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1. Any party or non-party may designate as “confidential” (by stamping the relevant
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page or other otherwise set forth herein) any document or response to discovery which
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that party or non-party considers in good faith to contain information involving trade
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secrets, or confidential personal and/or business or financial information, subject to
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protection under the Federal Rules of Civil Procedure or Nevada law (”Confidential
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Information”). Where a document or response consists of more than one page, the first
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page and each page on which confidential information appears shall be so designated.
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2. A party or non-party may designate information disclosed during a deposition or
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in response to written discovery as ”confidential” by so indicating in said response or on
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the record at the deposition and requesting the preparation of a separate transcript of such
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material. Additionally a party or non-party may designate in writing, within twenty (20) days
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after receipt of said responses or of the deposition transcript for which the designation is
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proposed, that specific pages of the transcript and/or specific responses be treated as
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”confidential” information. Any other party may object to such proposal, in writing or on the
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record. Upon such objection, the parties shall follow the procedures described in
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paragraph 8 below. After any designation made according to the procedure set forth in this
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paragraph, the designated documents or information shall be treated according to the
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designation until the matter is resolved according to the procedures described in
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paragraph 8 below, and counsel for all parties shall be responsible for making all
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previously unmarked copies of the designated material in their possession or control with
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the specified designation.
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3. All information produced or exchanged in the course of this case (other than
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information that is publicly available) shall be used by the party or parties to whom the
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information is produced solely for the purpose of this case.
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4. Except with the prior written consent of other parties, or upon prior order of this
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Court obtained upon notice to opposing counsel, Confidential Information shall not be
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disclosed to any person other than:
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(a) counsel for the respective parties to this litigation, including in-house counsel
and co-counsel retained for this litigation;
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(b) employees of such counsel;
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(c) individual defendants, class representatives, any officer or employee of a party,
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to the extent deemed necessary by Counsel for the prosecution or defense of this
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litigation;
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(d) consultants or expert witnesses retained for the prosecution or defense of this
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litigation, provided that each such person shall execute a copy of the Certification annexed
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to this Order as Exhibit ”A” (which shall be retained by counsel to the party so disclosing
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the Confidential Information and made available for inspection by opposing counsel during
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the pendency or after the termination of the action only upon good cause shown and upon
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order of the Court) before being shown or given any Confidential Information;
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(e) any authors or recipients of the Confidential Information;
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(f) the Court, Court personnel, and court reporters; and
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(g) witnesses (other than persons described in paragraph 4(e)). A witness shall sign
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the Certification before being shown a confidential document. Confidential Information may
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be disclosed to a witness who will not sign the Certification only in a deposition at which
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the party who designated the Confidential Information is represented or has been given
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notice that Confidential Information shall be designated ”Confidential” pursuant to
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paragraph 2 above. Witnesses shown Confidential Information shall not be allowed to
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retain copies.
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5. Any persons receiving Confidential Information shall not reveal or discuss such
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information to or with any person who is not entitled to receive such information, except as
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set forth herein.
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6. Unless otherwise permitted by statute, rule or prior court order, papers filed with
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the court under seal shall be accompanied by a contemporaneous motion for leave to file
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those documents under seal, and shall be filed consistent with the court’s electronic filing
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procedures in accordance with Local Rule IA 10-5. Notwithstanding any agreement
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among the parties, the party seeking to file a paper under seal bears the burden of
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overcoming the presumption in favor of public access to papers filed in court. Kamakana
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v. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006).
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7. A party may designate as ”Confidential” documents or discovery materials
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produced by a non-party by providing written notice to all parties of the relevant document
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numbers or other identification within thirty (30) days after receiving such documents or
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discovery materials. Any party or non-party may voluntarily disclose to others without
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restriction any information designated by that party or non-party as confidential, although a
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document may lose its confidential status if it is made public.
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8. If a party contends that any material is not entitled to confidential treatment, such
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party may at any time give written notice to the party or non-party who designated the
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material. The party or non-party who designated the material shall have twenty-five (25)
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days from the receipt of such written notice to apply to the Court for an order designating
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the material as confidential. The party or non-party seeking the order has the burden of
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establishing that the document is entitled to protection.
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9. Notwithstanding any challenge to the designation of material as Confidential
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Information, all documents shall be treated as such and shall be subject to the provisions
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hereof unless and until one of the following occurs:
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(a) the party or non-party claims that the material is Confidential Information
withdraws such designation in writing; or
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(b) the party or non-party who claims that the material is Confidential Information
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fails to apply to the Court for an order designating the material confidential within the time
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period specified above after receipt of a written challenge to such designation; or
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(c) the Court rules the material is not confidential.
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10. All provisions of this Order restricting the communication or use of Confidential
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Information shall continue to be binding after the conclusion of this action, unless
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otherwise agreed or ordered. Upon conclusion of the litigation, a party in the possession of
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Confidential Information, other than that which is contained in pleadings, correspondence,
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and deposition transcripts, shall either (a) return such documents no later than thirty (30)
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days after conclusion of this action to counsel for the party or non-party who provided such
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information, or (b) destroy such documents within the time period upon consent of the
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party who provided the information and certify in writing within thirty (30) days that the
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documents have been destroyed.
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11. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the
use of documents at trial.
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12. Nothing herein shall be deemed to waive any applicable privilege, work product
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protection, confidentiality or protection afforded by state or federal regulation, statute or
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law. Nothing herein shall be deemed to affect the ability of a party to seek relief for an
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inadvertent disclosure of material protected by privilege, work product protection,
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confidentiality or protection afforded by state or federal regulation, statute or law.
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13. Any witness or other person, firm or entity from which discovery is sought may
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be informed of and may obtain the protection of this Order by written advice to the parties’
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respective counsel or by oral advice at the time of any deposition or similar proceeding.
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14. The court’s jurisdiction over this agreement shall terminate upon dismissal of
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this action.
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Dated: February _12_, 2021
Dated: February _12_, 2021
/s/
James P. Kemp
James P. Kemp, Esq.
KEMP & KEMP ATTORNEYS AT LAW
7435 West Azure Drive, Suite 110
Las Vegas, NV 89130
(702) 258-1183/ 258-6983 fax
Attorney for Plaintiff Alice Wieland
/s/ Melissa P. Barnard
Melissa P. Barnard, Esq.
UNIVERSITY OF NEVADA RENO
1664 N. Virginia Street/MS550
Reno, NV 89557-0550
(775) 784-3492/ (775) 327-2202 fax
Attorney for Defendant NSHE
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ORDER
Pursuant to the foregoing stipulation of the Parties, IT IS SO ORDERED.
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UNITED STATES MAGISTRATE JUDGE
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February 17, 2021
Dated: _________________________________
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CERTIFICATION
I hereby certify my understanding that Confidential Information is being provided to me
pursuant
to
the
terms
__________________,
in
and
restrictions
of
the
Protective
Order
__________________________________,
Civil
dated
No.
_______________. I have been given a copy of that Order and read it. I agree to be
bound by the Order. I will not reveal the Confidential Information to anyone, except as
allowed by the Order. I will maintain all such Confidential Information -- including copies,
notes, or other transcriptions made therefrom -- in a secure manner to prevent
unauthorized access to it. No later than thirty (30) days after the conclusion of this action, I
will return the Confidential Information -- including copies, notes or other 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:_______________________
______________________________
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