Solomon v. Las Vegas Metropolitan Police Department

1 | IMARGARET A. MCLETCHIE, Nevada Bar No. 10931 MCLETCHIE LAW 2| 1701 East Bridger Ave., Suite 520 Las Vegas, Nevada 89101 Telephone: (702) 728-5300; Fax: (702) 425-8220 | |Email: maggie @nvlitigation.com Attorney for Plaintiff Nebyou Solomon 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 NEBYOU SOLOMON, an individual, Case. No.: 2:19-cv-00652-JAD-DJA Plaintiff, [PROPOSED] STIPULATED 10 VS. PROTECTIVE ORDER 12 LAS VEGAS METROPOLITAN POLICE DEPARTMENT; JOSEPH LOMBARDO, individually and in his official capacity as 14 Sheriff; JOHN L. PELLETIER, an individual; RICHARD E. MAUPIN, an 15 individual; RYAN J. FRYMAN, an individual; JUAN D. CONTRERAS, an individual; ALLEN J. PAVESE, an 7 individual; BRANDON M. MEADS, an individual; FASHION SHOW MALL, LLC, 18 a Nevada limited-liability company; UNIVERSAL PROTECTION SERVICE, 19 LLC, a Nevada limited-liability company; 20 DOE SECURITY GUARDS I - III, individuals, Defendants.

23 Plaintiff NEB YOU SOLOMON and Defendants LAS VEGAS METROPOLITAN | POLICE DEPARTMENT, JOSEPH LOMBARDO, JOHN L. PELLETIER, RICHARD E.

25 | |MAUPIN, RYAN J. FRYMAN, JUAN D. CONTRERAS, ALLEN J. PAVESE, and | |BRANDON M. MEADS (“LVMPD Defendants”) and Defendant FASHION SHOW | |MALL, LLC, and Defendant UNIVERSAL PROTECTION SERVICE, LLC, by their 2g | |respective counsel, having agreed to the following and for good cause under Rule 26(c)(1) | Jof the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED as follows: 2 1. PURPOSES AND LIMITATIONS.

3 Disclosure and discovery activity in this action may involve production of | |confidential, proprietary, or private information for which special protection from public | |disclosure may be warranted under Rule 26(c)(1) of the Federal Rules of Civil Procedure.

6 | |The parties acknowledge that this Order does not confer blanket protections on all disclosures | jor responses to discovery and that the protection it affords extends to only the limited | |information or items that are entitled under law to treatment as confidential.

9 2. SCOPE.

10 All documents produced in the course of discovery, all responses to discovery | |requests, and all deposition testimony and exhibits and any other materials which may be | |subject to discovery (hereinafter collectively “Discovery Material”) shall be subject to this | |stipulated protective order concerning confidential information as set forth below. A copy of | |this Order must be included with any subpoena to any third party. Any party, or any third | |party who produces documents in this litigation, may designate documents as Confidential | |but only after review of the documents by an attorney who has, in good faith, determined that | |the documents contain “Confidential Information,” as defined below, and pursuant to the | |procedure set forth below.

19 3. CONFIDENTIAL INFORMATION.

20 “Confidential Information” shall mean information meriting special protection | junder the Federal Rules of Civil Procedure and applicable case law. Confidential Information | |\does not include information that (a) is in the public domain at the time of disclosure; (b) | |becomes part of the public domain through no fault of the Receiving Party; (c) the Receiving | |Party can show was in its rightful and lawful possession at the time of disclosure; or (d) the | |Receiving Party lawfully receives from a Non-party later without restriction as to disclosure.

26 | |/// | |/// | |/// 1 4. OTHER DEFINITIONS.

2 Party: any party to this action, including all of its officers, directors, agents, and | Jattorney(s) of record for a Party in this action (including their associates, paralegals, and | |support/ clerical staff).

5 Non-party: any individual, corporation, association, or natural person or entity | |other than a party.

7 Protected Material: any Discovery Material containing Confidential Information | |that is designated by a Party or Non-party as “CONFIDENTIAL,” unless the Receiving Party | |challenges the confidentiality designation and (a) the Court decides such material is not | Jentitled to protection as confidential; (b) the Designating Party fails to apply the Court for an | Jorder designating the material confidential within the time period specified below; or (c) the | |Designating Party withdraws its confidentiality designation in writing.

13 Producing Party: a Party or Non-party that produces Discovery Material in this | Jaction.

15 Receiving Party: a Party that receives Discovery Material from a Producing Party.

16 Designating Party: a Party or Non-party that designates Discovery Material as | |“CONFIDENTIAL”. The Party or Non-party designating information or items as Protected | |Material bears the burden of establishing good cause for the confidentiality of all such items.

19 Challenging Party: a party that elects to initiate a challenge to a Designating Party’s | |confidentiality designation.

21 Confidentiality Log: a Confidentiality Log must accompany any production of | |documents designated as “CONFIDENTIAL” that includes the Bates numbers of the | |documents designated (or the portions thereof) as “Confidential” and the basis for doing so.

24 | |Each Producing Party shall keep this log cumulatively and re-produce it every time they | |designate something as “CONFIDENTIAL” so that it is a cumulative record of what the | |party has marked “CONFIDENTIAL.”

27 | |/// | |/// 1 5. FORM AND TIMING OF DESIGNATION.

2 Protected Material shall be so designated by the Producing Party by placing or | jaffixing the word “CONFIDENTIAL” on the document in a manner which will not interfere 4||with the legibility of the document and which will permit complete removal of the | |“Confidential” designation. A Confidentiality Log must accompany any production of | |Protected Material that includes the Bates numbers of the documents designated (or portions | |thereof) as “CONFIDENTIAL” and the basis for doing so. Documents shall be designated | |“Confidential” prior to, or contemporaneously with, the production or disclosure of the | |\documents. The designation of documents as “CONFIDENTIAL” shall be accompanied with | |a Confidentiality Log in the form included at Exhibit A.

11 A Designating Party must exercise restraint and make good faith efforts to limit | |CONFIDENTIAL designations to specific materials that qualify for protection under the | |Jappropriate standard. Further, a Designating Party must use good faith efforts to designate | |for protection only those parts of material, documents, items, or communications that | |qualify—so that other portions of the materials, documents, items, or communications for | |which protection is not warranted are not swept unjustifiably within the ambit of this Order.

17 | {If only a portion or portions of materials on a page or within a document merit protection, a | |Producing Party must so indicate by making appropriate markings in the margins but not | Jover text. The accompanying log should clearly explain which portion is designated as | |CONFIDENTIAL.

21 A Producing Party that makes original documents or materials available for | |inspection need not designate them for protection until after the inspecting Party has | |indicated which material it would like copied and produced. During the inspection and before | |the designation, all of the material made available for inspection shall be deemed | |“Confidential.” After the inspecting Party has identified the documents it wants copied and | |produced, the Producing Party must determine which documents, or portions thereof, qualify | |for protection under this Order, and, before producing the specified documents, the | |Producing Party must affix the appropriate legend on each page that contains Protected | |Material. If only a portion or portions of the material on a page qualifies for protection, the 2||Producing Party also must clearly identify the protected portion(s) (e.g., by making | |appropriated markings in the margins or by redacting protected portions).

4 Portions of depositions shall be designated CONFIDENTIAL when the deposition | is taken or within fourteen (14) business days after receipt of the transcript, if feasible. Such | |designation shall be specific as to the portions to be protected and, if made by a Party, shall 7||be accompanied with a certification and log on the form, attached as Exhibit A. A |Designating Party must exercise restraint and make good faith efforts to limit | |“CONFIDENTIAL.” designations to specific materials that qualify for protection under the | |appropriate standards.

11 Inadvertent or unintentional production of Protected Material without prior | |designation as “Confidential” shall not be deemed a waiver, in whole or in part, of the right | |to designate documents as Protected Material as otherwise allowed by this Order. Further, a | |Party may assert that disclosures or discovery material produced by another Party constitute | |Protected Material by informing the opposing Party by following the procedures set forth | |herein for a Designated Party.

17 6. PROTECTION OF PROTECTED MATERIAL.

18 a. General Protections. Protected Material shall not be used or disclosed by the | |parties or counsel for the parties or any other persons identified below (4 6.b.) for any | | purposes whatsoever other than preparing for and conducting litigation in the above-entitled | |action (including any appeal).

22 b. Qualified Receiving Parties and Limited Third-Party Disclosures. Protected | |Material shall be held in confidence by each qualified Receiving Party to whom it is | |disclosed, shall be used only for purposes of this action, and shall not be disclosed to any | |person who is not a qualified recipient. All Protected Material shall be carefully maintained | |so as to preclude access by persons who are not qualified Receiving Parties.

27 | |/// | |/// 1 Subject to these requirements, in addition to Parties and the Court, the following | |categories of persons may be allowed to review Protected Material pursuant to this Order | |after executing an acknowledgment (in the form set forth at Exhibit B hereto), that he or she | |has read and understands the terms of this Order and is bound by it: 5 (1) Any officers, directors, or designated employees of a Party deemed 6 necessary by counsel of record in this action to aid in the prosecution, 7 defense, or settlement of this action; 8 (2) Professional outside vendors for attorneys of record (such as copying 9 services and translators and interpreters), 10 (3) Court reporters, deposition notaries and staff; 11 (4) The author of any document designated as CONFIDENTIAL or the original 12 source of Confidential Information contained therein; 13 (5) Persons other than legal counsel who have been retained or specially 14 employed by a party as an expert witness for purposes of this lawsuit or to 15 perform investigative work or fact research; 16 (6) Deponents during the course of their depositions; 17 (7) Counsel for issuers of insurance policies under which any issuer may be 18 liable to satisfy part or all of a judgment that may be entered in these 19 proceedings or indemnify or reimburse payments or costs associated with 20 these proceedings; 21 (8) Any private mediator or arbitrator appointed by the Court or selected by 22 mutual agreement of the parties and the mediator or arbitrator’s secretarial 23 and clerical personnel; 24 (9) Any other person as to whom the Producing Party has consented to 25 disclosure in advance and in writing, on notice to each Party hereto.

26 | |/// | |/// | |/// 1 c. Control of Documents. Counsel for Parties shall take reasonable efforts to | prevent unauthorized disclosure of Protected Material pursuant to the terms of this Order. No | |copies of Protected Material shall be made except by or on behalf of attorneys of record, in- | |house counsel, or the parties in this action.

5 d. Copies. Any person making copies of Protected Material shall maintain all | |copies within their possession or the possession of those entitled to access such information | junder the Protective Order. All copies shall be immediately affixed with the designation | |““CONFIDENTIAL” if the word does not already appear on the copy. All such copies shall | |be afforded the full protection of this Order.

10 7. UNAUTHORIZED DISCLOSURE.

11 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed | |Protected Material to any person or in any circumstance not authorized under this Stipulated | |Protective Order, the Receiving Party must immediately (a) notify in writing the Designating | |Party of the unauthorized disclosures, (b) use its best efforts to retrieve all copies of the | |Protected Material, (c) inform the person or persons to whom unauthorized disclosures were | |made of all the terms of this Order, and (d) request such person or persons to execute the | |““Acknowledgment and Agreement to Be Bound by Stipulated Protective Order” (Exhibit B).

18 8. FILING PROTECTED MATERIAL 19 The Parties shall follow Rule 10-5 of the Local Rules of Practice for the U.S. | |District Court of Nevada and must file documents under seal under the Court’s electronic | |filing procedures, 22 Further, the Parties recognize the presumption of public access inherent in judicial | |records and that a Protective Order does not establish that documents meet the standard for | |sealing set forth in Rule 10-5 of the Local Rules of Practice for the U.S. District Court of | |Nevada and the Ninth Circuit’s decisions in Kamakana v. City and County of Honolulu, 447 | |F.3d 1172 (9th Cir. 2006) and Ctr. for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, | |1097 (9th Cir.), cert. denied sub nom. FCA U.S. LLC v. Ctr. for Auto Safety, 137 S. Ct. 38 | |(2016). When a motion to seal is related to the merits of the case, a “party seeking to seal a | |judicial record then bears the burden of overcoming this strong presumption by meeting the | |‘compelling reasons’ standard.” Kamakana, 447 F.3d at 1178. But when motion to seal is | Junrelated to the merits of the case, a party may overcome this presumption by meeting a less | |exacting “good cause standard.” Chrysler Group, 809 F.3d at 1097. To establish good cause, | |a party must show specific prejudice or harm—such as protecting a party from annoyance, | |embarrassment, oppression, or undue burden or expense—will result if the motion to seal is | |denied. Jd. (quoting Fed. R. Civ. P. 26(c)). Further, the Court should make an independent | |determination regarding whether documents merits sealed status, and thus expressly reserves | |the right to do. Kamakana 447 F.3d at 1186-87.

10 In recognition of this legal standard, and the fact that the party filing Protected | |Material may not be the party that designated it confidential (and thus, may not believe good | |cause exists for sealing), the Parties suggest that the procedure set forth below is followed if | |the sole ground for a motion to seal is that the opposing party (or non-party) has designated | ja document as subject to protection pursuant to this Stipulated Protective Order: the Party | |filing such Protected Materials may assert in the accompanying motion any reasons why the | |Protected Materials should not, in fact, be kept under seal and the Designating Party, who | |must be properly noticed, may likewise file a response asserting its position that the Protected | |Material merits protection under Rule 26(c) of the Federal Rules of Civil Procedure and | Jattaching a declaration supporting the assertion that the designated material meets the | |applicable standard.

21] |/// | |/// | |/// | |/// | |/// | |/// | |/// | |/// 1 9. CHALLENGES TO PROTECTED MATERIAL.

2 Any designation of Protected Material is subject to challenge. The following | |procedures shall apply to any such challenge: 4 a. Burden. The burden of proving the necessity of a “CONFIDENTIAL” | |designation remains with the party asserting confidentiality.

6 b. Notice; Opportunity to Challenge. A party who contends that Protected | |Material is not entitled to confidential treatment shall give written notice to the party who | |affixed the “CONFIDENTIAL” designation of the specific basis for the challenge. The party | |who so designated the documents shall have ten (10) days from service of the written notice | |to determine if the dispute can be resolved without judicial intervention and, if not, to move | |for an Order confirming the “CONFIDENTIAL” designation, and the status as Protected | | Material.

13 c. Treatment as Protected Material until Order or Withdrawal.

14 | |Notwithstanding any challenge to the designation of documents as such, all material | |previously designated “CONFIDENTIAL” shall continue to be treated as Protected Material | |subject to the full protections of this Order until one of the following occurs: (1) the Party | |who claims that the documents are Protected Material withdraws such designation in writing; | |(2) the Party who claims that the documents are confidential fails to move timely for an Order | |designating the documents as confidential as set forth in paragraph 9.b. above; or (3) the | |Court rules that the documents are not Protected Material and/or should no longer be | |designated as “CONFIDENTIAL.”

22 d. No Waiver. Challenges to the confidentiality of documents may be made at any | |time and are not waived by the failure to raise the challenge at the time of initial disclosure | |or designation.

25 | |/// | |/// | |/// | |/// 1 10. DURATION; CONCLUSION OF LITIGATION.

2 All provisions of this Order restricting the use of Protected Material shall continue | |to be binding after the conclusion of the litigation unless otherwise agreed or ordered.

4 | |However, the dismissal of this action will terminate the jurisdiction of this Court, including | jover this Order.

6 Within thirty (30) days of the final termination of in the above-entitled action, | |which would be either a final judgment on all claims or stipulation and order for dismissal | with prejudice, all documents and information designated as CONFIDENTIAL by a | |Designating Party and which has not been challenged, including any copies, or documents | |containing information taken therefrom, shall be returned to the Designating Party. In the | Jalternative, within thirty (30) days of the final termination of this case, which would be either | Ja final judgment on all claims or stipulation and order for dismissal with prejudice, all such | |documents, including copies, may be shredded or disposed of in a manner to ensure the | |destruction thereof and a declaration certifying such destruction or disposal provided to the | |Designating Party. To the extent a party has designated portions of a deposition transcript as | |CONFIDENTIAL, the non-designating party is under no obligation or duty to shred or | |dispose of the deposition transcript, however, the CONFIDENTIAL designation will remain.

18 11. PROTECTED MATERIAL _SUBPOENAED OR ORDERED 19 PRODUCED IN OTHER LITIGATION.

20 If a Party is served with a subpoena or an order issued in other litigation that would | |compel disclosure of Protected Material designated by another Party or Non-party, the Party | |must so notify the Designating Party, in writing (by e-mail or fax, if possible) within three | |(3) court days after receiving the subpoena or order. Such notification must include a copy | |of the subpoena or court order.

95 | \/// | \/// | |/// 2g | |///

1 12, ORDER SUBJECT TO MODIFICATION.

2 This Order shall be subject to modification on motion of any Party or any other | |person who may show an adequate interest in the above-entitled action to intervene for | |purposes of addressing the scope and terms of this Order. The Order shall not, however, be | |modified until the Parties shall have been given notice and an opportunity to be heard on the | |proposed modification.

7 13. NOJUDICIAL DETERMINATION.

8 This Order is entered based on the representations and agreements of the Parties | |and for the purpose of facilitating discovery. Nothing herein shall be construed or presented | Jas a judicial determination that any specific document or item of information designated as | }|CONFIDENTIAL by counsel is subject to protection under Rule 26(c) of the Federal Rules | J}of Civil Procedure or otherwise until such time as a document-specific ruling shall have been | |made.

14 14. MISCELLANEOUS.

15 a. Public Health and Safety. Nothing in this Order is intended to prevent any Party | |from raising with the Court any concern that the disclosure of certain Protected Material may | |have a possible adverse effect upon the general public health or safety, or the administration | Jor operation of government or public office.

19 b. Right to Further Relief. Nothing is this Order abridges the right of any person | |to seek its modification by the Court in the future.

21 c. Right to Assert Other Objections. By stipulating to the entry of this Order, no | |Party waives any right it otherwise would have to object to disclosing or producing any | |information or item on any ground not addressed in this Order. Similarly, no Party waives | Jany right to object on any ground to use in evidence of any of the material covered by this | |Protective Order.

26 | |/// | |/// | |///

1 15. PERSONS BOUND UPON ENTRY OF ORDER.

2 This Order shall take effect when entered and shall be immediately binding upon | |the Parties (as defined herein). It shall also be binding upon subsequent parties that are added | |to this matter, each of which shall execute Exhibit B (Agreement to be bound).

5 | |IT IS SO STIPULATED.

6 | |DATED this the 5"" day of September, 2019. DATED this the 5 day of September, 2019.

7| |MARQUIS AURBACH COFFING KAEMPFER CROWELL /s/ Nick D. Crosby /s/ Bryan M. Viellion g | |Nick D. Crosby, NBN 8996 Bryan M. Viellion, NBN 13607 10001 Park Run Drive 1980 Festival Plaza Drive, Suite 650 | |Las Vegas, NV 89145 Las Vegas, NV 89135 ll Email: ncrosby @maclaw.com Email: [email protected] Attorney for LVMPD Defendants Attorney for Fashion Show Mall LLC | |DATED this the day of September, 2019.

14 | |MCLETCHIE LAW | ly Margaret A. McLetchie Margaret A. McLetchie, NBN 10931 East Bridger Ave., Suite 520 | |Las Vegas, Nevada 89101 Email: maggie nvlitigation.com Attorney for Plaintiff Nebyou Solomon 20 ORDER IT IS SO ORDERED.

DATED this 9th day of SePtember ao □□□ WO 5 Daniel J. Albregts United States Magistrate Judge

I EXHIBIT A [Name]’s LOG OF CONFIDENTIAL DESIGNATIONS 3 Bates No. Date of or Other = Specific Description of Authority/Basis for Production [Identifier | Documents or Information Designation fF Pf HAE sft fp Pf nif Pf wifi

I EXHIBIT B 2 ACKNOWLEDGMENT OF UNDERSTANDING AND AGREEMENT TO BE BOUND 4 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 NEBYOU SOLOMON, an individual, Case. No.: 2:19-cv-00652-JAD-DJA 7 Plaintiff, ACKNOWLEDGMENT OF Vs. UNDERSTANDING AND 8 AGREEMENT TO BE BOUND 9 LAS VEGAS METROPOLITAN POLICE 10 DEPARTMENT; JOSEPH LOMBARDO, individually and in his official capacity as 11 Sheriff; JOHN L. PELLETIER, an individual; RICHARD E. MAUPIN, an individual; RYAN J. FRYMAN, an 13 individual; JUAN D. CONTRERAS, an individual; ALLEN J. PAVESE, an 14 individual; BRANDON M. MEADS, an 15 individual; FASHION SHOW MALL, LLC, a Nevada limited-liability company; 16 UNIVERSAL PROTECTION SERVICE, LLC, a Nevada limited-liability company; 17 DOE SECURITY GUARDS I - II, 18 individuals, 19 Defendants.

20 The undersigned hereby acknowledges that he or she has read the Confidentiality | |Order dated , 2019, in the above-captioned action, understands the terms | |thereof, and agrees to be bound by such terms. The undersigned submits to the jurisdiction | |of the United States District Court for the District of Nevada relating to the Confidentiality | |Order during the pendency of the above-entitled action and understands that the terms of said | {Order obligate him/her to use discovery materials designated CONFIDENTIAL solely for | |the purposes of the above-captioned action, and not to disclose any such Protected Material | |to any person, firm, entity, or concern.

9g | |///

1 The undersigned acknowledges that violation of the Stipulated Confidentiality | |Order may result in penalties for contempt of court.

3 Name: 4 Job Title: Employer: 5 Business Address: , Date Signature