Castillo v. Western Range Association

1} 1 ||. él: UNITED STATES DISTRICT COURT 18 DISTRICT OF NEVADA || ABEL CANTARO CASTILLO; ALCIDES INGA RAMOS, and those similarly || situated, “| Case No.: 3:16-CV-00237-RCJ-CLB 21 Plaintiffs, SECOND STIPULATED PROTECTIVE ORDER |v, || WESTERN RANGE ASSOCIATION; MELCHOR GRAGIRENA; || EL TEJON SHEEP COMPANY; MOUNTAIN PLAINS AGRICULTURAL || SERVICE; ESTILL RANCHES, LLC; and JOHN ESTILL 27 THIS MATTER comes before the Court on the Joint Motion for Entry of Stipulated || Protective Order submitted by Plaintiff Abel Cantaro Castillo and Defendant Western Range 2203427,1 || Association (hereinafter the “Parties”), by which the Parties agree, and the Court finds, pursuant to □ || FRCP 26(c), that good cause exists to support the entry ofa protective order over the discovery and |.

3 |Idissemination of certain information deemed confidential by one of the Parties. This Second || Stipulated Protective Order will expedite the disclosure of information and production of documents || protected by privilege or statutes, preserve the confidentiality of such information, protect privacy |linterests of the Parties and non-parties, and help to avoid potential discovery disputes related to □ information that is designated confidential. The Court, being fully advised, hereby ORDERS as || follows: 9 GENERAL PROVISIONS 10 1. In this action, at least one of the Parties has sought and/or is seeking Confidential || Material (as defined in paragraph 5 below). This Protective Order shall apply to all documents, || materials, and information that is sought by a party either from other parties to this litigation or from || any third party with possession or custody of Confidential Material during discovery, including || without limitation, documents produced, answers to interrogatories, responses to requests for || admission, deposition testimony, and other information disclosed pursuant to the disclosure or || discovery duties created by the Federal Rules of Civil Procedure. The Parties assert the disclosure || of Confidential Material outside the scope of this litigation could result in significant injury to one || or more of the Parties’ business or privacy interests, and could result in significant injury to a third » || party’s privacy interests, as well as significantly erode the attorney-client privilege. The Parties have || entered into this Stipulation and request the Court enter this Protective Order for the purpose of | || preventing the disclosure and use of Confidential Material except as set forth herein.

22 2. As used in this Protective Order, “document” is defined as designated in FRCP || 34(a)(1)(A). A draft or non-identical copy is a separate document within the meaning of this □□□□□ | 24 3. This Protective Order may be modified by the Court at any time for good cause || shown following notice to all Parties and an opportunity for them to be heard.

26 4. Nothing in this Protective Order shall prevent any party or other person from seeking || modification of this Order, from objecting to discovery that the party or other person believes to be -2- sonadoy | SECOND PROPOSED STIPULATED PROTECTIVE ORDER || improper, or from filing a motion with respect to the manner in which Confidential Material shall || be treated at trial. Nothing in this Protective Order shall prejudice the right of any party to contest ||the alleged relevancy, admissibility, or discoverability of confidential documents or information || sought. .

5 CONFIDENTIAL MATERIAL 6 5. “Confidential Material” means those documents or personal identifying information || that the designating party believes to be protected by law, including FRCP 26, and is designated by |lone of the Parties in the manner provided in paragraph 15 below, the disclosure of which the || designating party believes may implicate the privacy interests of Plaintiff, Defendant, third parties |and/or information contained in confidential business records and communications by the || designating party or a third party with possession or custody of such information. Any information | || designated by a party as confidential will first be reviewed by counsel, and designation will be based ||on a good faith belief that the information is confidential and entitled to protection under the law, llincluding Rule 26. The documents or information so designated shall be deemed “Confidential ||Material” subject to this Protective Order. Confidential Material does not include (a) any || information that is in the public domain at the time of disclosure to a Receiving Party or becomes || part of the public domain after its disclosure to a Receiving Party as a result of publication not || involving a violation of this Order, including becoming part of the public record through trial or || otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained || by the Receiving Party after the disclosure from a source who obtained the information lawfully and || under no obligation of confidentiality to the Designating Party.

22 6. Exercise of Restraint and Care in Designating Material for Protection. Each Party or ||Non-Party that designates information or items for protection under this Order must take care to || limit any such designation to specific material that qualifies under the appropriate standards. The || Designating Party must designate for protection only those pages of a document which qualify as || Confidential Material, in order to avoid sweeping an entire document unjustifiably within the ambit || of this Order, where only some pages contain Confidential Material. Indiscriminate designations of -3- SECOND PROPOSED STIPULATED PROTECTIVE ORDER || confidentiality are inconsistent with this Order. If it comes to a Designating Party’s attention that || information or items that it designated for protection do not qualify for protection, that Designating | || Party must promptly notify all other Parties that it is withdrawing the mistaken designation.

4 7. Confidential Material shall not be disclosed to any person or entity not a party to this || lawsuit except as expressly provided herein. Confidential Material shall only be used in this lawsuit || between the Parties to this lawsuit only, including any appeal. Confidential Material shall not be || disclosed to any person or entity other than the Parties to this suit, counsel who have entered an || appearance in this case and their staff, Judges, Magistrates, law clerks and other clerical personnel || of the Court before which the action is pending, and other individuals as designated in paragraph 10 □ || of this Protective Order.

11 8. Any Confidential Material produced during the course of this action shall be used || solely for the purposes of this action between the Parties in this suit only, and shall not be disclosed □ || or used for any other purpose including, but not limited to, any business, commercial, competitive, || or publicity purpose. All obligations and duties arising under this Protective Order shall survive the | || termination of this action.

16 9, Nothing herein shall prevent disclosure beyond the terms of this Order if this Court, || after notice to all affected Parties, orders such disclosure.

18 10. It shall be the responsibility of counsel to take reasonable and proper steps to ensure || that this Protective Order and all provisions hereof are made known to any person who shall examine || Confidential Material as provided herein. Counsel to the Parties are required to advise, instruct and □ || supervise all associates, staff and employees of documents to keep designated Confidential Material || confidential in the strictest possible fashion. Counsel and the Parties also agree to such treatment of \|the information by themselves, and counsel will appropriately instruct their clients as to the || protected nature of the information produced pursuant to this Protective Order and the limitations || on its use and disclosure.

26 11. All Confidential Material including any and all copies thereof shall be kept by || counsel in an appropriately safe place, given its confidential status. Except as otherwise provided, -4.

0347 1 SECOND PROPOSED STIPULATED PROTECTIVE ORDER ||access to any Confidential Material shall be limited solely to the following persons: 2 a. Counsel for the Parties and their associates, legal assistants, and other support || employees who have a demonstrable need for such disclosure in order to conduct this litigation, and □□ outside vendors retained by counsel for the Parties, including messenger, copy, coding and other § clerical services, including document processing and conversion, archiving and database services, | electronic data processing firms and personnel, translators and interpreters; 7 b. Plaintiff, Defendant, whether third party or otherwise, and any officers, directors, || agents, or employees of Plaintiff and Defendant who have a need for such disclosure in order to || conduct this litigation; 10 C. The author or recipient of a document containing the information or a custodian or □ || other person who otherwise possessed or knew the information; 12 d. The Court, persons employed by the Court, jury personnel, and stenographers | || transcribing the testimony or argument at a hearing, trial or deposition in this action, or any appeal || therefrom; 15 €. Testifying or non-testifying experts who are not employees of the Parties and are || utilized for purposes of this litigation; but only after each such person has read this Protective Order ||and consented in writing to be bound by the provisions thereof as indicated by execution of the || Agreement attached hereto as Exhibit A. If any such expert refuses to sign the Agreement, the || question whether the witness shall be shown and questioned about the Confidential Material shall || be presented to the Court; 21 f. Witnesses in the action to whom disclosure is reasonably necessary during their || depositions, and witnesses disclosed by any party pursuant fo FRCP 26(a)(1)(A)(i); but only after 93 each such person has been given a copy of this Protective Order and consented in writing to be || bound by the provisions thereof as indicated by execution of the Agreement attached hereto as || Exhibit A. If any such witness refuses to sign the Agreement, the question whether the witness shall || be shown and questioned about the Confidential Material shall be presented to the Court; 27 g. Representatives of any insurance company holding a policy believed in good faith -5- □□ SECOND PROPOSED STIPULATED PROTECTIVE ORDER ||by any party to cover any claim in this lawsuit; but prior to disclosure to any insurance ||representative, the insurance representative must be informed of and agree to be subject to the || provisions of this Protective Order requiring that the documents and information be held in || confidence, as indicated by execution of the Agreement attached hereto as Exhibit A; 5 h. With the exception of witnesses while testifying at trial, or persons who either || authored or previously received Confidential Material, such information may be disclosed to other || persons not authorized by this Protective Order only with the mutual agreement in writing between || and among counsel for the Parties, in advance of any disclosure to such person, only upon executing || the Agreement in Exhibit A.

10 12. Prior to disclosing any Confidential Material to any person listed in paragraphs 11 || (a)}1h) above, counsel shall inform such person of this Protective Order and provide such person || with a copy of Exhibit A to be si gned acknowledging that he or she has knowledge of this Protective 13 Order and agrees to be bound by its provisions. All such signed Agreements shall be retained by |lcounsel and shall be subject to in camera review by the Court if good cause for review is ||demonstrated by counsel.

16 13. All copies, excerpts or summaries made, shown or given to those authorized hereby |land according to the provisions hereof shall be stamped to indicate the protected and confidential □ ||nature of the disclosed information. Review of Confidential Material by counsel, experts or || consultants for the litigation will not constitute any waiver of the confidentiality of the document or ||of any objections to production. The inadvertent, unintentional or in camera disclosure of || Confidential Material shall not, under any circumstances, be deemed a waiver, in whole or in part, || of any claims of confidentiality.

23 14. All Documents submitted to the Court which attach, quote from or refer to || Confidential materials shall be electronically filed under seal with reference to this Protective Order ||to ensure that the Documents are protected as set forth in this Protective Order. Unless otherwise || permitted by statute, rule or prior court order, papers filed with the court under seal shall be |laccompanied by a contemporaneous motion for leave to file those documents under seal, and shall □ -6- SECOND PROPOSED STIPULATED PROTECTIVE ORDER || be filed consistent with the court’s electronic filing procedures in accordance with Local Rule IA 2110-5. Notwithstanding any agreement among the parties, the party seeking to file a paper under seal □ || bears the burden of overcoming the presumption in favor of public access to papers filed in court.

4|| See Kamakana vy. City & Cty. of Honolulu, 447 F.2d 1172 (9th Cir. 2006); Pintos v. Pac. Creditors □ || Ass'n, 605 F.3d 665, 677-78 (9th Cir. 2010). In the event the Court refuses to allow the filing under |lseal of such Information designated as Confidential, a party shall still be permitted to file such \|Information, but it will continue to be treated as Confidential in all other respects. The Court’s ||ruling shall not preclude the filing of the document, or otherwise affect the confidentiality || designation.

10 15. If, through inadvertence, a party provides any documents or information containing | || Confidential Material without designating the material as such, the party may subsequently inform || the other parties in writing of the Confidential Material status of the documents or information. The || parties in receipt of that inadvertently disclosed Confidential Material shall thereafter treat the ||disclosed material as Confidential Material in accordance with the written notification of the || inadvertent disclosure. The Parties in receipt of the inadvertently disclosed Confidential Material || shall take reasonable steps to advise persons to whom disclosure was made prior to receipt of a || Confidential Material designation of such designation and of this Protective Order, but shall not || otherwise be required to retrieve or take any action to protect the confidentiality of information or || copies of documents disclosed prior to the receipt of the Confidential Material designation. Ifa party || produces any documents or information that is not designated as Confidential Material and which || another party believes is subject to designation as Confidential Material, the receiving party may || designate the material as Confidential Material by notifying the other Parties of the designation, and || if any other party disagrees with the designation, it may follow the procedure in Paragraph 15. Ifa || party inadvertently produces documents which are subject to the attorney-client privilege or work || product protection, the Parties shall follow the procedures of Fed. R. Evid. 502 and FRCP || 26(b)(5)(B).

27 16. | Where Confidential Material is produced, provided, or otherwise disclosed by a party -7- SECOND PROPOSED STIPULATED PROTECTIVE ORDER || in response to any discovery request, it will be designated in one of the following manners: 2 a. By imprinting the word “Confidential” on each Confidential page of any document || produced (in a manner that will not interfere with their legibility); 4 b. By imprinting the word “Confidential” next to or above any response to a discovery |lrequest; and 6 c. With respect to transcribed testimony, whenever a deposition involves the disclosure \lof Confidential Material, the confidential portions thereof shall be designated as Confidential and || subject to this Protective Order. Such designation may be made on the record during the deposition, | || but must also be made by giving written notice to opposing counsel designating by page and line || number which portions are “Confidential” no later than 21 calendar days after receipt of the ||transcribed testimony. During the 21-day period, counsel for the Parties shall treat the entire || transcript as if it had been designated as “Confidential.”

13 17. A party may object to the designation of particular documents as Confidential || Material by giving written notice to the party designating the disputed information. The written || notice shall identify the information to which objection is made. The objection to a designation as || Confidential Material may be raised at any time. A Party does not waive its right to challenge a || confidentiality designation by electing not to mount a challenge promptly after the original || designation is disclosed.

19 All counsel shall then make a reasonable, good-faith effort to resolve the discovery dispute || without the need for judicial intervention in accordance with FRCP 26(c)(1) and FRCP 37(a)(1). If || those discussions are not fruitful, it will be the obligation of the party designating the information |las Confidential to arrange a telephone conference with the Court in accordance with the Court’s || Civil Practice Standards. At the conclusion of the court-supervised conference, if the dispute over 24 confidentiality has not been resolved, it will be the obligation of the party designating the || information as Confidential to file an appropriate motion within ten additional days after the date of |\\the conference, requesting that the Court determine whether the disputed information should be || subject to the terms of this Protective Order. If such a motion is timely filed, the disputed information -8- □□ SECOND PROPOSED STIPULATED PROT ECTIVE ORDER || shall be treated as Confidential under the terms of this Protective Order until the Court rules on the 2||motion. In connection with any motion filed under this provision, the party designating the |linformation as confidential shall bear the burden of establishing that good cause exists for the || disputed information to be treated as confidential.

5 18. The termination of this action shall not relieve counsel or other persons obligated ||hereunder from their responsibility to maintain the confidentiality of Confidential Material or || pursuant to this Protective Order, and the Court shall retain continuing jurisdiction to enforce the || terms of this Protective Order.

9 19. Three years from termination of this litigation, including any appeals, or at the || expiration of any longer time required by counsel’s insurance or ethical obligations, counsel for any ||party that has received Confidential Material shall destroy the Confidential Material.

12 || Notwithstanding this provision, Counsel are entitled to retain an archival copy of all pleadings, || motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, || deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work || product, even if such materials contain Protected Material. Any such archival copies that contain or || constitute Protected Material remain subject to this Protective Order 17 20. This Protective Order is not intended to address the admissibility of evidence at trial.

18 ||If a party seeks to limit the publication of Confidential Material at the trial or any hearing in this || matter, the burden shall be on the party seeking to limit the use of such information to obtain relief || from the Court in advance of the trial or hearing.

22 □ □□□ ||/// | /// | // || /// IH -9- SECOND PROPOSED STIPULATED PROTECTIVE ORDER 1 21. If documents or information designated as Confidential Material in accordance with || the terms of this Protective Order are made exhibits to briefs or pleadings, or if Confidential Material || is quoted in a pleading, such exhibit or pleading shall be filed under seal.

5 || DATED this 13th day of February 2020. Respectfully submitted, fa ie * □□□ 6 Crate 6 □□ he /s/ Elien Jean Winograd 7|| MARK R. THIERMAN, Nev. Bar No. 8285 ELLEN JEAN WINOGRAD JOSHUA D. BUCK, Nev. Bar No. 12187 Woodburn and Wedge g || LEAH L. JONES, Nev. Bar No. 13161 6100 Neil Road, Suite 500 Thierman Buck LLP Reno, Nevada 89505 || 7287 Lakeside Drive [email protected] Reno, Nevada 89511 || Tel: (775) 284-1500 Counsel for Western Range Association, Fax: (775) 703-5027 Defendant |! Email: [email protected] [email protected] || [email protected] |) ALEXANDER HOOD (pro hac vice) Towards Justice 14|| 1535 High St., Suite 300 Denver, CO 80218 || Tel: 720-239-2606 Fax: 303-957-2289 || Email: [email protected] [email protected], CHRISTINE E. WEBBER (pro hac vice) || BRIAN CORMAN (pro hac vice) Cohen Milstein Sellers & Toll PLLC || 1100 New York Ave., NW, Suite 500 Washington, DC 20005 || Tel: 202-408-4600 Fax: 202-408-4699 || Email: [email protected] [email protected] Attorneys for Plaintiffs -10- SECOND PROPOSED STIPULATED PROTECTIVE ORDER 1 The undersigned does hereby affirm pursuant to NRS 239B.030 that the preceding document || does not contain the social security number of any person.

3 By: Ciel egede 4 Elef Jean Witlograd 6 CERTIFICATE OF SERVICE 5 I hereby certify that on February 18, 2020, a true and correct copy of the foregoing was served via the United States District Court CM/ECF system on all parties or persons requiring notice.

Valouall Jalloits-

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA || ABEL CANTARO CASTILLO, ALCIDES INGA RAMOS, and those similarly || situated, ‘| Case No.: 3:16-cv-00237-MMD-VPC 5 Plaintiffs, liv. ORDER ADOPTING PROPOSED STIPULATED PROTECTIVE ORDER || WESTERN RANGE ASSOCIATION; MELCHOR GRAGIRENA; || EL TEJON SHEEP COMPANY; MOUNTAIN PLAINS AGRICULTURAL || SERVICE; ESTILL RANCHES, LLC; and JOHN ESTILL 1] The attached proposed Stipulated Protective Order is hereby adapted.

12 IT IS SO ORDERED.

13 .

14 ROBERT C. JONES, UNITED STATES DISTRICT JUDGE DATED: This 2" day of March, 2020. -12- SECOND PROPOSED STIPULATED PROTECTIVE ORDER