Oronoz v. Washoe County School District

Filing 30

PROTECTIVE ORDER granting 29 Stipulation. Signed by Magistrate Judge Carla Baldwin on 3/5/2025. (Copies have been distributed pursuant to the NEF - DRM)

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faith to contain information subject to protection under the Federal Rules of Civil Procedure or

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Nevada law; (e) medical records, including medical bills and psychological records, and medical

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information of any person, whether a Party or non-party to the present litigation; and (f) the name,

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identity, record or personally identifiable information of any student or former student of

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Defendant Washoe County School District which information is protected by the Family

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Educational Rights and Privacy Act of 1974, 20 U.S.C. §1232g (FERPA) and any other personally

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identifiable information subject to protection under the Federal Rules of Civil Procedure or

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Nevada law, as “confidential” by stamping the relevant page or as otherwise set forth herein.

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Where a document or response consists of more than one page, the first page and each page on

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which confidential information appears shall be so designated. as “confidential” by stamping the

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relevant page or as otherwise set forth herein.

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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 the

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

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

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

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pages of the transcript and/or specific responses be treated as “confidential” information. Any

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other Party may object to such proposal, in writing or on the record. Upon such objection, the

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Parties shall follow the procedures described herein below. After any designation made according

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to the procedure set forth in this paragraph, the designated documents or information shall be

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treated according to the designation until the matter is resolved according to the procedures

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described herein below, and counsel for all Parties shall be responsible for making all previously

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unmarked copies of the designated material in their possession or control with the specified

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designation.
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2.

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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3.

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 disclosed

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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

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Party, to the extent deemed necessary by Counsel for the prosecution or defense of this litigation;
d)

Consultants or expert witnesses retained for the prosecution or defense of

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

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this Order as Exhibit “A” (which shall be retained by counsel to the Party so disclosing the

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Confidential Information and made available for inspection by opposing counsel during the

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pendency or after the termination of the action only upon good cause shown and upon order of

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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)

Non-party witnesses (other than persons described in paragraph 4(e)). A

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non-party witness (other than persons described in paragraph 4(c) and 4(e)) shall sign the

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Certification before being shown a confidential document. Confidential Information may be

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disclosed to a non-party witness (other than persons described in paragraph 4(c) and 4(e)) who

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will not sign the Certification only in a deposition at which the Party who designated the
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Confidential Information is represented or has been given notice that Confidential Information

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shall be designated “Confidential”, as set forth herein above. Witnesses shown Confidential

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Information shall not be allowed to retain copies.

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4.

If a party wishes to use a document which has been marked as Confidential as an

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exhibit to a motion or pleading filed with the Court, the party may do so without seeking that the

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entire document be filed under seal by redacting the “confidential information” from the

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document.

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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 set

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forth herein.

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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 those

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

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in accordance with Local Rule IA 10-5 and shall also comply with the requirements of Center for

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Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016). Notwithstanding any

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agreement 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 v. City

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and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006); Pintos v. Pac. Creditors Ass’n, 605 F.3d

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665, 677- 78 (9th Cir. 2010).

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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 restriction

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any information designated by that Party or non-party as confidential, although a document may

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lose its confidential status if it is made public.
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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 material.

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

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

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

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document is entitled to protection.
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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 hereof

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unless and until one of the following occurs:
a)

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The Party or non-party claims that the material is Confidential Information

withdraws such designation in writing; or
b)

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The Party or non-party who claims that the material is Confidential

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

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the time period specified above after receipt of a written challenge to such designation; or
c)

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10.

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The Court rules the material is not confidential.

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 otherwise

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

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

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

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

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EXHIBIT A

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CERTIFICATION

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

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pursuant to the terms and restrictions of the Stipulated Protective Order dated

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__________________, 2025, filed in Case No. 3:24-cv-00478. I have been given a copy of that

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

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

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including copies, notes, or other transcriptions made therefrom – in a secure manner to prevent

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unauthorized access to it. No later than thirty (30) days after the conclusion of this action, I will

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return the Confidential Information—including copies, notes or other transcriptions made

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therefrom – to the counsel who provided me with the Confidential Information. I hereby consent

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to the jurisdiction of the United States District Court for the purpose of enforcing the Stipulated

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Protective Order.

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DATED: ________________

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Signature

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_______________________________________
Printed Name

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