O'Donohue et al v. State of Nevada, ex rel. Board of Regents et al

Filing 32

ORDER granting 31 STIPULATION for Protective Order. Signed by Magistrate Judge Carla Baldwin on 3/10/2025. (Copies have been distributed pursuant to the NEF - GA)

Case 3:25-cv-00014-MMD-CLB

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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4 WILLIAM O’DONOHUE, JANE FISHER &
LORRAINE BENUTO
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Plaintiffs,
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v.
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STATE OF NEVADA EX REL. BOARD OF
8 REGENTS OF THE NEVADA SYSTEM OF
HIGHER EDUCATION, ON BEHALF OF
9 THE UNIVERSITY OF NEVADA RENO,
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Case No. 3:25-cv-00014-MMD-CLB
ORDER GRANTING STIPULATED
PROTECTIVE ORDER

Defendants.

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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 page

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or other otherwise set forth herein) any document or response to discovery which that party or

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non-party considers in good faith to contain information involving trade secrets, or confidential

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personal and/or business or financial information, subject to protection under the Federal Rules of

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Civil Procedure or Nevada law (”Confidential Information”), including but not limited to (a)

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personnel information concerning non-parties to this case under Nevada System of Higher

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Education Code Section 5.6.2 and (b) student information under Family Educational Rights and

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Privacy Act. Where a document or response consists of more than one page, the first page and

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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 in

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response to written discovery as ”confidential” by so indicating in said response or on the record at

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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 in paragraph 8 below. After any designation made

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

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shall be treated according to the designation until the matter is resolved according to the

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procedures described in paragraph 8 below, and counsel for all parties shall be responsible for

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making all previously unmarked copies of the designated material in their possession or control

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with the specified designation.

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3. All confidential 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 Court

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obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to any

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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 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

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may be disclosed to a witness who will not sign the Certification only in a deposition at

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which the party who designated the Confidential Information is represented or has been

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given 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 set

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forth herein.

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6. Unless otherwise permitted by statute, rule or prior court order, papers filed with the

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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 in

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accordance with Local Rule IA 10-5. Notwithstanding any agreement among the parties, the party

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seeking to file a paper under seal bears the burden of overcoming the presumption in favor of

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public access to papers filed in court. Kamakana v. City and County of Honolulu, 447 F.2d 1172

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(9th Cir. 2006).

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7. A party may designate as ”Confidential” documents or discovery materials produced by

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a non-party by providing written notice to all parties of the relevant document numbers or other

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identification within 30 days after receiving such documents or discovery materials. Any party or

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non-party may voluntarily disclose to others without restriction any information designated by that

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party or non-party as confidential, although a document may lose its confidential status if it is

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made public.

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8. If a party contends that any material is not entitled to confidential treatment, such party

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may at any time give written notice to the party or non-party who designated the material. The

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

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such written notice to apply to the Court for an order designating the material as confidential. The

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party or non-party seeking the order has the burden of establishing that the document is entitled to

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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 hereof

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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 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 of

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

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such documents within the time period upon consent of the party who provided the information

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and certify in writing within thirty (30) days that the 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 law.

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Nothing herein shall be deemed to affect the ability of a party to seek relief for an inadvertent

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disclosure of material protected by privilege, work product protection, confidentiality or protection

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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 be

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informed of and may obtain the protection of this Order by written advice to the parties’ respective

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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 this
action.

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Dated: March 5, 2025

Dated: March 7, 2025

/s/ Mark Mausert
Mark Mausert
729 Evans Avenue
Reno, NV 89512
Las Vegas, NV 89101
[phone]
Attorney for Plaintiffs

/s/
Frank Z. LaForge
Frank Z. LaForge
UNIVERSITY OF NEVADA RENO
1664 N. Virginia Street/MS550
Reno, NV 89557-0550
[phone]
Attorney for Defendant

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ORDER

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Pursuant to the foregoing stipulation of the Parties, IT IS SO ORDERED.

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_____________________________________
UNITED STATES MAGISTRATE JUDGE
March 10, 2025
Dated:_______________________________

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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 Protective Order dated __________________, in

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O’Donohue, et al. v. Nevada System of Higher Education, Civil No. 3:25-cv-00014-MMD-CLB. I

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have been given a copy of that Order and read it. I agree to be bound by the Order. I will not

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

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such Confidential Information ? including copies, notes, or other transcriptions made therefrom --

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in a secure manner to prevent unauthorized access to it. No later than thirty 30 days after the

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conclusion of this action, I will return the Confidential Information—including copies, notes or

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other transcriptions made therefrom—to the counsel who provided me with the Confidential

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Information. I hereby consent to the jurisdiction of the United States District Court for the purpose

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of enforcing the Protective Order.

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DATED:_______________________

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______________________________

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