Bronzie v. Swift Transportation Co. of Arizona, LLC et al

Filing 22

PROTECTIVE ORDER re 21 Stipulated Protective Order. Signed by Magistrate Judge William G. Cobb on 1/11/2022. (Copies have been distributed pursuant to the NEF - HJ)

Case 3:21-cv-00299-WGC Document 22 Filed 01/11/22 Page 1 of 15

1 Joel D. Odou
Nevada Bar No. 7468
2 Analise N. M. Tilton
Nevada Bar No. 13185
3 Eleanor D. Murphy
Nevada Bar No. 15071
4 WOOD, SMITH, HENNING & BERMAN LLP
2881 Business Park Court, Suite 200
5 Las Vegas, Nevada 89128-9020

8 Attorneys for Defendants Swift Transportation
Co. of Arizona, LLC and Miguel Calderon
9
UNITED STATES DISTRICT COURT
10
DISTRICT OF NEVADA
11
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

6 [e-mail]
[e-mail]
7 [e-mail]

12
13
14
15

DOUGLAS BRONZIE,
Plaintiff,
v.

SWIFT TRANSPORTATION CO. OF
16 ARIZONA, LLC; MIGUEL CALDERON;
JOHN DOES I-XX, inclusive; ABC
17 CORPORATIONS I-X, inclusive; and
BLACK AND WHITE COMPANIES, I-X,
18 inclusive,
19

Case No. 3:21-cv-00299-WGC
STIPULATED CONFIDENTIALITY
AGREEMENT AND PROTECTIVE
ORDER
Trial Date: None Set

Defendant.

20
21

IT IS HEREBY STIPULATED, AGREED AND UNDERSTOOD by Plaintiff, DOUGLAS

22 BRONZIE ("Plaintiff") and Defendants, SWIFT TRANSPORTATION CO. OF ARIZONA, LLC
23 and MIGUEL CALDERON ("Defendants"), as follows:
24

1.

Discovery in the above-entitled action may involve documents, photographs, video,

25 or other information of a proprietary and non-public nature, and that the parties consider confidential
26 or highly confidential.
27

2.

Pursuant to FRCP 26(c), good cause exists for the issuance of a Protective Order

28 governing the handling of certain documents, photographs, video, or other information.
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1

3.

This Order shall be applicable to and govern all confidential or highly confidential

2 information in any form (including without limitation information contained in or on any tangible
3 thing) produced or disclosed by or on behalf of any party to this litigation, in connection with this
4 Case No. 3:21-cv-00299-WGC (“Action”).
5

4.

The following definitions shall apply:

video, or other information designated as “CONFIDENTIAL” by a Producing

8

Party, who in good faith believes the documents, photographs, video, or other

9

information constitutes or include proprietary or non-public information that (i)

10

is used by the party in, or pertaining to, its business; (ii) is not generally known

11
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

a. “CONFIDENTIAL INFORMATION” shall mean documents, photographs,

7

WOOD, SMITH, HENNING & BERMAN LLP

6

by the general public; and (iii) the party normally would not reveal to third parties

12

or, if disclosed, would require such third parties to maintain in confidence.

13

b. “HIGHLY CONFIDENTIAL INFORMATION” shall mean documents,

14

photographs, video, or other information designated thereon as “HIGHLY

15

CONFIDENTIAL” by a Producing Party, who in good faith believes the

16

documents, photographs, video, or other information are particularly or

17

especially sensitive and confidential that the Producing Party has and other

18

discovery materials which the Producing Party considers so sensitive or

19

confidential that added protections are warranted.

20

c. “Producing Party” shall mean the parties, person or entity producing

21

CONFIDENTIAL

INFORMATION

22

INFORMATION or giving testimony in this Action regarding or relating to

23

CONFIDENTIAL

24

INFORMATION which has been designated as CONFIDENTIAL or HIGHLY

25

CONFIDENTIAL subject to this Protective Order.

INFORMATION

or

or

HIGHLY

HIGHLY

CONFIDENTIAL

CONFIDENTIAL

26

d. “Recipient” shall mean the party, person or entity who has agreed in writing to

27

be subject to this Protective Order to whom the Producing Party makes available

28

CONFIDENTIAL

INFORMATION

or

HIGHLY

CONFIDENTIAL

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1

INFORMATION. Recipient shall include those persons or entities identified in

2

Sections 7 and 8.

3

e. “Disclose” shall mean the transfer or delivery to a party, person or entity of the

4

CONFIDENTIAL

5

INFORMATION, permitting the inspection or review of the CONFIDENTIAL

6

INFORMATION or

7

communicating the contents of the CONFIDENTIAL INFORMATION or

8

HIGHLY CONFIDENTIAL INFORMATION.

9

5.

CONFIDENTIAL

INFORMATION

HIGHLY

or

HIGHLY

CONFIDENTIAL

INFORMATION

or

CONFIDENTIAL

INFORMATION, or

HIGHLY

CONFIDENTIAL

11 and not for any other purpose whatsoever.
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

10 INFORMATION shall be used by the parties in this Action solely for the purpose of this Action,

12

6.

It is the intention of the parties that the designation of documents, photographs,

13 video, or other information as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” be used
14 narrowly, and with the most limited use possible.
15

7.

Information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,”

16 and any copies, excerpts or summaries thereof, and any further information derived therefrom, shall
17 not be revealed, disclosed or otherwise made known to persons other than those specified below or
18 in any manner other than as specified below:
19

a. The

Court—Any

party

may

disclose

and

submit

CONFIDENTIAL

20

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION to the Court,

21

including all persons employed by the Court.

22

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION, and

23

information derived therefrom, which are filed with the Court shall be filed in

24

accordance with Paragraph 13 of this Stipulated Protective Order.

25

b. Outside

Counsel—CONFIDENTIAL

Any CONFIDENTIAL

INFORMATION

and

HIGHLY

26

CONFIDENTIAL INFORMATION may be disclosed to outside counsel for the

27

parties in this action, including counsel’s employees and outside contractors used

28

to perform clerical functions.
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1

c. Receiving Parties—CONFIDENTIAL INFORMATION may be disclosed (1) to

2

in-house counsel and (2) to other employees of a Receiving Party whose

3

participation in the prosecution or defense of the action, is necessary in the good

4

faith assessment of counsel for the Receiving Party.

5

d. Expert

Witnesses—CONFIDENTIAL

INFORMATION

and

HIGHLY

to work on this action, including employees of such experts and persons

8

providing clerical or support services. The parties agree that before any HIGHLY

9

CONFIDENTIAL INFORMATION is provided to an expert witness, the

10

Receiving Party must obtain written consent from the Producing Party, which

11
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

CONFIDENTIAL INFORMATION may be disclosed to outside experts retained

7

WOOD, SMITH, HENNING & BERMAN LLP

6

consent will not be unreasonably refused. The parties agree that such persons

12

shall agree in writing in a form substantially similar to Exhibit “A” attached

13

hereto

14

INFORMATION to be subject to its terms.

in

advance

of

receiving

any

HIGHLY

CONFIDENTIAL

15

e. Employees And Former Employees Of The Producing Party—CONFIDENTIAL

16

INFORMATION and HIGHLY CONFIDENTIAL INFORMATION of the

17

Producing Party may be disclosed by the Receiving Party during any deposition

18

in this action or at trial of the action to any employee of the Producing Party or

19

its affiliates and any former employee of the Producing Party or its affiliates who

20

was employed by the Producing Party or its affiliates (1) on the date the document

21

was prepared or dated, or (2) on the dates to which the information relates. Such

22

information may also be disclosed to any attorney representing such person at his

23

or her deposition. The parties agree that before any HIGHLY CONFIDENTIAL

24

INFORMATION is disclosed to any employees of the Producing Party pursuant

25

to this paragraph, the Receiving Party must obtain written consent from the

26

Producing Party, which consent will not be unreasonably refused.

27 / / /
28 / / /
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1

f. Non-parties—CONFIDENTIAL INFORMATION may be disclosed during any

2

deposition in the action or at trial of the actions to a non-party witness (and any

3

attorney representing such person at his or her deposition).

4

g. Court

Reporters—CONFIDENTIAL

INFORMATION

and

HIGHLY

5

CONFIDENTIAL INFORMATION may be disclosed to court reporters

6

rendering court reporting services for depositions or the trial in the Civil Actions,

7

including the employees of such court reporters.

8

8.

Recipients are prohibited from disclosing CONFIDENTIAL INFORMATION or

9 HIGHLY CONFIDENTIAL INFORMATION except as permitted by this Protective Order.
9.

Recipients of CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

11 INFORMATION hereby agree to be subject to the jurisdiction of this Court for the purpose of any
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

10

12 proceedings relating to CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL
13 INFORMATION protected by this Protective Order.
14

10.

The Recipient of any CONFIDENTIAL

INFORMATION or HIGHLY

15 CONFIDENTIAL INFORMATION shall maintain such information in a secure and safe area and
16 shall exercise the same standard of due and proper care with respect to the storage, custody, use
17 and/or dissemination of such information as is exercised by the recipient with respect to its own
18 proprietary information.
19

11.

In the event any Recipient to whom CONFIDENTIAL INFORMATION or

20 HIGHLY CONFIDENTIAL INFORMATION has been disclosed is no longer involved in this
21 Action, said Recipient shall return all CONFIDENTIAL INFORMATION and/or HIGHLY
22 CONFIDENTIAL INFORMATION to the Producing Party. The Recipient shall remain subject to
23 the provisions of this Protective Order.
24

12.

CONFIDENTIAL

INFORMATION

or

HIGHLY

CONFIDENTIAL

25 INFORMATION shall be designated as such by the Producing Party as follows:
26

a. Documents (including documents or information included in discovery

27

responses)—Documents

shall

be

designated

as

CONFIDENTIAL

28

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION by placing
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1

or affixing on the document, or on a label associated with the document, in a

2

manner that

3

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” A Designation on the

4

first page of the document is sufficient to bring the entire documents within the

5

scope of this Order.

6

will

b. Non-documentary

not

interfere with

information—In

the

its

legibility, the

event

any

designation

CONFIDENTIAL

by a Producing Party in electronic, photographic or other non-documentary form,

9

the “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” designation shall be

10

placed on the jacket, cover or container in which the non-documentary

11
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION is disclosed

8

WOOD, SMITH, HENNING & BERMAN LLP

7

CONFIDENTIAL

12

INFORMATION is produced.

13

documentary

14

CONFIDENTIAL INFORMATION in the marked jacket, cover or container,

15

and shall in good faith take such steps necessary to ensure that the non-

16

documentary

17

CONFIDENTIAL INFORMATION is not disclosed except as provided in this

18

Protective Order.

19

INFORMATION

or

HIGHLY

CONFIDENTIAL

The Recipient shall maintain the non-

CONFIDENTIAL

CONFIDENTIAL

INFORMATION

INFORMATION

or

or

HIGHLY

HIGHLY

c. Testimony—The Producing Party may designate testimony or exhibits as

20

CONFIDENTIAL

INFORMATION

or

HIGHLY

CONFIDENTIAL

21

INFORMATION by making a statement to that effect on the record when the

22

testimony is given or by identifying, by reference to pages and lines, the portions

23

of the transcript that reflect CONFIDENTIAL INFORMATION or HIGHLY

24

CONFIDENTIAL INFORMATION.

25

deletions to portions of a transcript that the designating party wishes to designate

26

as CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

27

INFORMATION may be identified by page and line references. Designations

28

made after a deposition shall be made by written notice served on all counsel of

In addition, corrections, additions, or

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1

record. For thirty days after the receipt, the entire transcript of any deposition

2

shall be treated as CONFIDENTIAL INFORMATION, except that any portions

3

of testimony designated HIGHLY CONFIDENTIAL INFORMATION at the

4

time of and during the deposition shall be treated as such. If testimony is

5

designated

6

CONFIDENTIAL INFORMATION, the parties’ counsel and the court reporter

7

who transcribes the deposition testimony shall make reasonable arrangements to

8

maintain the confidentiality of any deposition testimony or exhibits designated

9

as CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

as

CONFIDENTIAL

INFORMATION

or

HIGHLY

INFORMATION in accordance with the terms of this Order.1

11
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

10

arrangements may include the marking of transcript pages, covers or exhibits,

12

and other measures to preclude the disclosure of CONFIDENTIAL

13

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION to other than

14

qualified persons.

These

15

d. In the event that documents, photographs, video, or other information that may

16

contain CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

17

INFORMATION are made available for inspection, upon prior written notice by

18

the Producing Party, the party inspecting the documents and/or information shall

19

treat all documents and information produced as CONFIDENTIAL

20

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION until

21

selected copies are furnished. There will be no waiver of confidentiality by the

22

inspecting

23

CONFIDENTIAL INFORMATION before it is copied and marked

24

“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.”

of

CONFIDENTIAL

INFORMATION

or

HIGHLY

25 / / /
26 / / /
27
28

1

This does not apply to proceedings that the Court recorder records and transcribes.
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1

e. A Producing Party shall mark as “CONFIDENTIAL” or “HIGHLY

2

CONFIDENTIAL” any CONFIDENTIAL INFORMATION or HIGHLY

3

CONFIDENTIAL INFORMATION prior to or contemporaneously with

4

production and delivery of copies to the Recipient.

5

CONFIDENTIAL

6

INFORMATION, all documents, photographs, video, or other information

7

produced shall be considered non-confidential after production.

INFORMATION

or

Unless designated as

HIGHLY

CONFIDENTIAL

video, or other information delivered to a Recipient were inadvertently produced

10

and not designated as CONFIDENTIAL INFORMATION or HIGHLY

11
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

f. In the event that a Producing Party determines that documents, photographs,

9

WOOD, SMITH, HENNING & BERMAN LLP

8

CONFIDENTIAL INFORMATION, the Producing Party shall provide notice in

12

writing to the Recipient, and the Recipient shall mark as CONFIDENTIAL or

13

HIGHLY CONFIDENTIAL those documents, photographs, video, or other

14

information

15

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION and the

16

Recipient shall treat that information in accordance with this Protective Order

17

from and after the date of receipt of written notice.

identified,

which

shall

be

deemed

CONFIDENTIAL

18

g. Any Producing Party’s inadvertent or unintentional failure to designate

19

documents, photographs, video, or other information as CONFIDENTIAL

20

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION shall not be

21

deemed a waiver in whole or in part of that Producing Party’s claim of

22

confidentiality, so long as the Producing Party provides the written notification

23

discussed in “f.” above within a reasonable time after learning that the

24

confidential information was inadvertently or unintentionally produced without

25

an appropriate confidentiality designation.

26

13.

Any material designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”, if

27 filed with this Court, shall be filed under seal pursuant to proceedings that adhere to the Federal
28 Rules of Civil Procedure and the United State District Court, District of Nevada Local Rules of
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1 Practice. If this Court enters written findings that the sealing of the material is justified, the material
2 will remain under seal, but the material will be unsealed if, after considering the Federal Rules of
3 Civil Procedure and the United State District Court, District of Nevada Local Rules of Practice, this
4 Court denies the filing Party’s concurrent request to seal the material. The Party filing any paper
5 which reflects, contains or includes any material designated “CONFIDENTIAL” or “HIGHLY
6 CONFIDENTIAL” subject to this Protective Order shall also file a concurrent motion to seal the
7 material pursuant to the Federal Rules of Civil Procedure and the United State District Court,
8 District of Nevada Local Rules of Practice and shall temporarily file the “CONFIDENTIAL” or
9 “HIGHLY CONFIDENTIAL” material in a sealed envelope bearing a statement substantially in the

11 material subject to a Protective Order of this Court. Pursuant to the Protective Order, proceedings
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

10 following form until such time as this Court has considered the motion: “This envelope contains

12 have been initiated according to the Federal Rules of Civil Procedure and the United State District
13 Court, District of Nevada Local Rules of Practice. Unless this Court finds that there are no grounds
14 to seal or redact the enclosed material, the contents of this envelope should not be disclosed, revealed
15 or made public.”
16

14.

Copies of any CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

17 INFORMATION filed with this Court prior to trial or received in evidence at trial of this action,
18 and any other materials falling within the terms of this Order which are so designated at trial or at
19 time of filing, shall be kept by the Clerk of this Court pursuant to the Nevada Rules for Sealing and
20 Redacting Court Records. Where possible only those portions of documents consisting of
21 CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION shall be filed
22 in sealed envelopes.
23

15.

In the event a party designates as CONFIDENTIAL or HIGHLY CONFIDENTIAL

24 any information disclosed or discussed in the course of a deposition, the reporter for the deposition
25 shall be directed that questions, answers, colloquy, and exhibits referring or relating to any such
26 CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION shall be
27 placed in a separate volume labeled so as to reflect the confidentiality of the material contained
28 therein.
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1

16.

In the event any party deposing a witness wishes to show or disclose

2 CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION to a non3 party witness, or a witness not qualified under this Protective Order to receive such information, the
4 party shall not disclose the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL
5 INFORMATION to the witness until such CONFIDENTIAL INFORMATION or HIGHLY
6 CONFIDENTIAL INFORMATION has been shown or disclosed to the attorney representing the
7 Producing Party. The attorney representing the Producing Party shall have a reasonable opportunity
8 at the deposition to review the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL
9 INFORMATION and to object on the record to its disclosure to the witness. In the event such an

11 CONFIDENTIAL INFORMATION will be disclosed, and any persons attending the deposition
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

10 objection is interposed, the witness to whom the CONFIDENTIAL INFORMATION or HIGHLY

12 who are not identified in paragraph 7 or 8 hereof, shall be first required to consent to and abide by
13 the terms of this Protective Order before the CONFIDENTIAL INFORMATION or HIGHLY
14 CONFIDENTIAL INFORMATION may be disclosed. Should any person in the deposition refuse
15 to consent to and abide by the terms of this Protective Order, then he or she shall leave the deposition
16 room until the conclusion of the questioning concerning the CONFIDENTIAL INFORMATION or
17 HIGHLY CONFIDENTIAL INFORMATION, and shall not be entitled to receive copies of any
18 CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION or portions
19 of the transcript relating to the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL
20 INFORMATION absent further order of this Court. This procedure applies in the case of all
21 depositions conducted in this Action, whether conducted within or outside the State of Nevada.
22

17.

If any portion of a deposition transcript is filed and contains CONFIDENTIAL

23 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION, that portion of the transcript
24 shall bear the appropriate legend on the caption page and shall be filed under seal.
25

18.

A Recipient shall not be obligated to challenge the propriety of any

26 CONFIDENTIAL or HIGHLY CONFIDENTIAL designation when made, and failure to do so shall
27 not preclude a subsequent challenge thereto. In the event any party objects at any stage of these
28 proceedings to a CONFIDENTIAL or HIGHLY CONFIDENTIAL designation, such party shall
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1 notify the Producing Party of its objection in writing specifically setting forth the objection. If the
2 parties are unable to resolve their dispute after making good faith attempts to do so, the party
3 challenging the designation may request appropriate relief from the Court, provided ten days have
4 passed since the Producing Party was first notified of the dispute. During the notice period, the
5 objecting party shall confer with the Producing Party in a good faith effort to resolve the dispute.
6 The objecting party’s failure to meet and confer shall be dispositive of the objecting party’s right to
7 further challenge the propriety of any CONFIDENTIAL or HIGHLY CONFIDENTIAL
8 designation. The burden of proving information has been properly designated as CONFIDENTIAL
9 or HIGHLY CONFIDENTIAL is on the Producing Party.
19.

Nothing in this Protective Order shall be construed as an admission or agreement that

11 any specific document or information is or is not confidential or is or is not otherwise subject to
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

10

12 discovery or is admissible in evidence. Nothing in this Protective Order shall be deemed a waiver
13 of any party’s rights to oppose production of any information or documents for any reason other
14 than the confidentiality of such information or documents. All documents and things designated as
15 CONFIDENTIAL or HIGHLY CONFIDENTIAL shall be used only for purposes of this proceeding
16 or for dealing with any claim or controversy that is or shall be the subject of this proceeding.
17

20.

Use of any CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

18 INFORMATION in any Court proceeding shall not, without further order of the Court, cause such
19 information to lose its CONFIDENTIAL or HIGHLY CONFIDENTIAL status. The parties shall
20 take all steps reasonably required to protect the confidentiality of such information during such use.
21

21.

The restrictions provided for herein shall not terminate upon the conclusion of this

22 Action but shall continue until further order of this Court; provided, however, that this Protective
23 Order shall not be construed: (i) to prevent any party or its counsel from making use of information
24 which was lawfully in its possession prior to its disclosure by the Producing Party; (ii) to apply to
25 information which appears in printed publications or becomes publicly known through no fault of
26 any party or its counsel; or (iii) to apply to information which any party or its counsel has lawfully
27 obtained since disclosure by the Producing Party, or shall thereafter lawfully obtain, from a third
28 party having the right to disclose such information.
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1

22.

2 showing

Nothing in this Order shall preclude any party to the lawsuit or its attorneys from: (i)
a

document

or

information

designated

as

CONFIDENTIAL

or

HIGHLY

3 CONFIDENTIAL to an individual who either prepared or reviewed the document or information
4 prior to the filing of this Action; or (ii) disclosing or using, in any manner or for any purpose, any
5 information or documents from the party’s own files which the party itself has designated as
6 CONFIDENTIAL or HIGHLY CONFIDENTIAL.
7

23.

Upon final determination of the above-captioned proceeding, including all appeals,

8 except as provided herein below, all documents, photographs, video, or other information designated
9 CONFIDENTIAL or HIGHLY CONFIDENTIAL which are in the possession of any Recipient shall

11 access to or possession of the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

10 be destroyed or returned to counsel of record for the Producing Party, and all persons who have had

12 INFORMATION shall certify that they have either destroyed such material and all copies thereof
13 or returned all such information and all copies thereof to the Producing Party. Notwithstanding any
14 of the foregoing, outside counsel shall be entitled to keep their copies of pleadings and other papers
15 submitted to the Court.
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24.

This Protective Order may be modified only by stipulation of the parties so ordered

17 by the Court or by other Order of the Court.
18

25.

Parties later joined to this Action or not signing this Order shall not be entitled to

19 receive or review anything designated CONFIDENTIAL or HIGHLY CONFIDENTIAL under the
20 terms of this Order until and unless they sign and agree to the terms of this Order.
21

26.

In the event a Recipient who has received CONFIDENTIAL or HIGHLY

22 CONFIDENTIAL subject to this Order is: (a) subpoenaed in another action; (b) served with a
23 demand in another action to which the person is a party; or (c) served with any other legal process
24 by one not a party to this action, that seeks CONFIDENTIAL or HIGHLY CONFIDENTIAL, he,
25 she, or it shall give prompt written notice of the receipt of such subpoena, demand or other legal
26 process to the designating party and its counsel, and upon request, shall reasonably cooperate with
27 the designating party in its efforts to protect the CONFIDENTIAL or HIGHLY CONFIDENTIAL
28 designated information from disclosure.
Case No. 3:21-cv-00299-WGC
-12STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

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Case 3:21-cv-00299-WGC Document 22 Filed 01/11/22 Page 13 of 15

1

27.

This Protective Order shall apply to pretrial proceedings and discovery only. The

2 Court will establish separately any necessary procedures for handling CONFIDENTIAL
3 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION during the trial of this matter.
4 The Judge designated to hear discovery issues in this action may hear and decide all matters arising
5 under this Order.
6

IT IS SO STIPULATED.

7

DATED this 10th day of January, 2022.

DATED this 10th day of January, 2022.

8

WOOD, SMITH, HENNING & BERMAN LLP

TERRY A. FRIEDMAN AND
JULIE THROOP, PLLC

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11
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

10

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By:

/s/ Eleanor D. Murphy
JOEL D. ODOU
Nevada Bar No. 7468
ANALISE N. M. TILTON
Nevada Bar No. 13185
ELEANOR D. MURPHY
Nevada Bar No. 15071
2881 Business Park Court, Suite 200
Las Vegas, Nevada 89128-9020
Attorneys for Defendants,
Swift Transportation Co. of Arizona, LLC
and Miguel Calderon

By:

/s/ Julie McGrath Throop
JULIE McGRATH THROOP
Nevada Bar No. 11298
TERRY A. FRIEDMAN
Nevada Bar No. 1975
300 S. Arlington Avenue
Reno, NV 89501
Attorneys for Plaintiff,
Douglas Bronzie

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Case No. 3:21-cv-00299-WGC
-13STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

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Case 3:21-cv-00299-WGC Document 22 Filed 01/11/22 Page 14 of 15

1

ORDER

2

Paragraph 13 is modified to reflect that any motion regarding filing confidential

3 information and motions to seal shall also comply with the requirements of Kamakana v. City and
4 County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). See also, Center for Auto Safety v. Chrysler
5 Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016).
6

IT IS SO ORDERED.

7

DATED: January 11, 2022.

8

____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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Case 3:21-cv-00299-WGC Document 22 Filed 01/11/22 Page 15 of 15

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EXHIBIT A

2

CONFIDENTIALITY AGREEMENT

3

I,______________________________ do hereby acknowledge and agree as follows:

4

1.

I have read the Stipulated Confidentiality Agreement and Protective Order of which

5 the form of this agreement is an exhibit.
6

2.

I understand the terms of the Stipulated Confidentiality Agreement and Protective

7 Order and agree to be bound by, and to strictly adhere to, all terms and provisions of the Stipulated
8 Confidentiality Agreement and Protective Order.
9

3.

I hereby submit to the jurisdiction of the United States District Court District of

11 Agreement.
Attorneys at Law
2881 BUSINESS PARK COURT, SUITE 200
LAS VEGAS, NEVADA 89128-9020
TELEPHONE [phone]
FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

10 Nevada, solely for purpose of enforcement of the Stipulation and Protective Order and this

12

DATED: _________________________, 2022

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14

_________________________________
Signature

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_________________________________
Name

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_________________________________
Address

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_________________________________
Telephone Number

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Case No. 3:21-cv-00299-WGC
-15STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

23268474.3:05742-0065