1 ROBERT W. FREEMAN Nevada Bar No. 3062 2 [email protected] E.MATTHEW FREEMAN 3 Nevada Bar No. 14198 [email protected] 4 LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 5 Las Vegas, Nevada 89118 702.893.3383 6 FAX: 702.893.3789 Attorneys for Defendants 7 Las Vegas Metropolitan Police Department Officer Scott Murray and Officer Ryan Thacker 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA, SOUTHERN DIVISION 10 *** 11 PRECILLA VELASQUEZ, individual; CASE NO. 2:19-cv-1790-JCM-DJA 12 THOMAS QUINTERO, individual, PROPOSED STIPULATED PROTECTIVE 13 Plaintiff, ORDER 14 vs. 15 LAS VEGAS METROPOLITAN POLICE DEPARTMENT, a political subdivision of the 16 State of Nevada; and SCOTT MURRAY, individually; and RYAN THACKER, 17 individually, 18 Defendants. 19 20 The parties to this action, by their respective counsel, having agreed to the following and 21 for good cause shown pursuant to Fed. R. Civ. P. 26(c)(1), IT IS HEREBY ORDERED as follows: 22 1. PURPOSES AND LIMITATIONS 23 Disclosure and discovery activity in this action may involve production of confidential, 24 proprietary, or private information for which special protection from public disclosure may be 25 warranted pursuant to Rule 26(c)(1) of the Federal Rules of Civil Procedure. The parties 26 acknowledge that this Order does not confer blanket protections on all disclosures or responses to 27 discovery and that the protection it affords extends only to the limited information or items that 1 2. SCOPE 2 All documents produced in the course of discovery, all responses to discovery requests and 3 all deposition testimony and exhibits and any other materials which may be subject to discovery 4 (hereinafter collectively “Discovery Material”) shall be subject to this stipulated protective order 5 concerning confidential information as set forth below. Any party, or any third party who 6 produces documents in this litigation, may designate documents as Confidential but only after 7 review of the documents by an attorney who has, in good faith, determined that the documents 8 contain “Confidential Information,” as defined below, and pursuant to the procedure set forth 9 below. 10 3. CONFIDENTIAL INFORMATION 11 “Confidential Information” shall mean information meriting special protection under the 12 Federal Rules of Civil Procedure and applicable case law. Confidential Information does not 13 include information that: (a) is in the public domain at the time of disclosure; (b) becomes part of 14 the public domain through no fault of the Receiving Party; (c) the Receiving Party can show was 15 in its rightful and lawful possession at the time of disclosure; or (d) the Receiving Party lawfully 16 receives from a Non-Party later without restriction as to the disclosure. 17 4. OTHER DEFINITIONS 18 Party: Any party to this action, including all of its officers, directors, agents, and 19 attorney(s) of record for a Party in this action (including their associates, paralegals, and 20 support/clerical staff). 21 Non-Party: Any individual, corporation, association, or natural person or entity other than 22 a party. 23 Protected Material: Any Discovery Material containing Confidential Information that is 24 designated by a Party or Non-Party as “CONFIDENTIAL,” unless the Receiving Party challenges 25 the confidentiality designation and (a) the Court decides such material is not entitled to protection 26 as confidential; (b) the Designating Party fails to apply the Court for an order designating the 27 material confidential within the time period specified below; or (c) the Designating Party 1 Producing Party: A Party or Non-Party that produces Discovery Material in this action. 2 Receiving Party: A Party that receives Discovery Material from a Producing Party. 3 Designating Party: A Party or Non-Party that designates Discovery Material as 4 “CONFIDENTIAL,” the Party or Non-Party designating information or items as Protected 5 Material bears the burden of establishing good cause for the confidentiality of all such items. 6 Challenging Party: A Party that elects to initiate a challenge to a Designating Party’s 7 confidentiality designation. 8 5. FORM AND TIMING OF DESIGNATION 9 Protected Material shall be so designated by the Producing Party by placing or affixing the 10 word “CONFIDENTIAL” on the document in a manner which will not interfere with the legibility 11 of the document and which will permit complete removal of the “CONFIDENTIAL” designation. 12 Documents shall be designated “CONFIDENTIAL” prior to, or contemporaneously with, the 13 production or disclosure of the documents. 14 A Designating Party must exercise restraint and make good faith efforts to limit 15 “CONFIDENTIAL” designations to specific materials that qualify for protection under the 16 appropriate standard. Further, a Designating Party must use good faith efforts to designate for 17 protection only those parts of material, documents, items, or communications that qualify – so that 18 other portions of materials, documents, items or communications for which protection is not 19 warranted are not swept unjustifiably within the ambit of this Order. If only a portion or portions 20 of materials on a page or within a document merit protection, a Producing Party must so indicate 21 by making appropriate markings in the margins but no over text. 22 A Producing Party that makes original documents or materials available for inspection 23 need not designate them for protection until after the inspecting Party has indicated which material 24 it would like copied and produced. During the inspection and before the designation, all of the 25 material made available for inspection shall be needed “CONFIDENTIAL.” After the inspecting 26 Party has identified the documents it wants copied and produced, the Producing Party must 27 determine which documents, or portions thereof, qualify for protection under this Order, and, 1 on each page that contains Protected Material. If only a portion or portions of the material on a 2 page qualifies for protection, the Producing Party also must clearly identify the protected 3 portion(s) (e.g., by making appropriate markings in the margins or be redacting protected 4 portions). 5 Portions of depositions shall be designated Confidential when the deposition is taken 6 within fourteen (14) business days after receipt of the transcript, if feasible. Such designation 7 shall be specific as to the portions to be protected. A Designating Party must exercise restraint 8 and make good faith efforts to limit “CONFIDENTIAL” designations to specific materials that 9 qualify for protection under the appropriate standards. 10 Inadvertent or unintentional production of Protected Material without prior designations as 11 “CONFIDENTIAL” shall not be deemed a waiver, in whole or in part, of the right to designate 12 documents as Protected Material as otherwise allowed by this Order. Further, a Party may assert 13 that disclosures or discovery material produced by another Party constitute Protected Material by 14 informing the opposing Party by following the procedures set forth herein for a Designating Party. 15 6. PROTECTION OF PROTECTED MATERIAL 16 a. General Protections. Protected Material shall not be used or disclosed by the 17 parties or counsel for the parties or any other person(s) identified below (¶ 6b) for any purposes 18 whatsoever other than preparing for and conducting litigation in the above-entitled action 19 (including any appeal). 20 b. Qualified Receiving Parties and Limited Third Party Disclosures. Protected 21 Material shall be held in confidence by each qualified Receiving Party to whom it is disclosed, 22 shall be used only for purposes of this action, and shall not be disclosed to any person who is not a 23 qualified recipient. All protected Material shall be carefully maintained so as to preclude access 24 by persons who are not qualified Receiving Parties. 25 Subject to these requirements, in addition to Parties and the Court, the following categories 26 of persons may be allowed to review Protected Material pursuant to this Order after executing an 27 acknowledgment (in the form set forth at Exhibit A hereto), that he or she has read and 1 (1) Any officers, directors, or designated employees of a Party deemed necessary 2 by counsel of record in this action to aid in the prosecution, defense, or 3 settlement of this action; 4 (2) Professional outside vendors for attorneys of record (such as copying services 5 and translators and interpreters); 6 (3) Court reporters, deposition notaries and staff; 7 (4) The author of any document designated as “CONFIDENTIAL” or the original 8 source of Confidential Information contained therein; 9 (5) Persons other than legal counsel who have been retained or specially employed 10 by a party as an expert witness for purposes of this lawsuit or to perform 11 investigative work or fact research; 12 (6) Deponents during the course of their depositions; 13 (7) Counsel for issuers of insurance policies under which any issuer may be liable 14 to satisfy part or all of a judgment that may be entered in these proceedings or 15 indemnify or reimburse payments or costs associated with these proceedings; 16 (8) Any private mediator or arbitrator appointed by the Court or selected by mutual 17 agreement of the parties and the mediator or arbitrator’s secretarial and clerical 18 personnel; and 19 (9) Any other person as to whom the Producing Party has consented to disclosure 20 in advance and in writing, on notice to each party hereto. 21 c. Control of Documents. Counsel for parties shall take reasonable efforts to prevent 22 unauthorized disclosure of Protected Material pursuant to the terms of this Order. No copies of 23 Protected Material shall be made expect by or on behalf of attorneys of record, in-house counsel or 24 the parties in this action. 25 d. Copies. Any person making copies of Protected Material shall maintain all copies 26 within their possession or the possession of those entitled to access to such information under the 27 Protective Order. All copies shall be immediately affixed with the designation 1 afforded the full protection of this Order. 2 7. UNAUTHORIZED DISCLOSURE 3 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 4 Material to any person in any circumstance not authorized under this Stipulated Protective Order, 5 the Receiving Party must immediately (a) notify in writing the Designating party of the 6 unauthorized disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) 7 inform the person or persons to whom unauthorized disclosures were made of all the terms of this 8 Order, and (d) request such person or persons to execute the “Acknowledgment and Agreement to 9 Be Bound by Stipulated Protective Order” (Exhibit A). 10 8. FILING PROTECTED MATERIAL 11 The Parties shall follow Rule 10-5 of the Local Rules of Practice for the U.S. District 12 Court of Nevada, and must file documents under seal under the Court’s electronic filing 13 procedures. 14 Further, the Parties recognize the presumption of public access inherent in judicial records 15 and that a Protective Order does not establish that documents meet the “standard for sealing set 16 forth in Rule 10-5 of the Local Rules of Practice for the U.S. District Court of Nevada and the 17 Ninth Circuit’s decisions in Kamakana v. City and County of Honolulu,

(9th Cir. 18 2006) and Ctr. for Auto Safety v. Chrysler Group, LLC,

(9th Cir. 2016), cert. 19 denied sub nom. FCA U.S. LLC v. Ctr. for Auto Safety,

(2016). “A party seeking to 20 seal a judicial record then bears the burden of overcoming this strong presumption by meeting the 21 ‘compelling reasons' standard.” Kamakana,

. The only exception to this rule is 22 that only good cause need be established “for sealed materials attached to a discovery motion 23 unrelated to the merits of a case.” Chrysler Group¸809 F. 3d at 1097 (citing Phillips ex rel. Estates 24 of Byrd v. Gen. Motors Corp.,

, 1213–14 (9th Cir. 2002).). Further, the Court should 25 make an independent determination regarding whether documents merits sealed status, and thus 26 expressly reserves the right to do. Kamakana

. 27 In recognition of this legal standard, and the fact that the party filing Protected Material 1 for sealing), the Parties suggest that the procedure set forth below is followed if the sole ground 2 for a motion to seal is that the opposing party (or non-party) has designated a document as subject 3 to protection pursuant to this Stipulated Protective Order: The Party filing such Protected 4 Materials may assert in the accompanying motion any reasons why the Protected Materials should 5 not, in fact, be kept under seal and the Designating Party, who must be properly noticed, may 6 likewise file a response asserting its position that the Protected Material merits protection under 7 Rule 26(c) of the Federal Rules of Civil Procedure and attaching a declaration supporting the 8 assertion that the designated material meets the applicable standard. 9 9. CHALLENGES TO PROTECTED MATERIAL 10 Any designation of Protected Material is subject to challenge. The following procedures 11 shall apply to any such challenge: 12 a.Burden. The burden of proving the necessity of a “CONFIDENTIAL” designation 13 remains with the party asserting confidentiality. 14 b. Notice; Opportunity to Challenge. A party who contends that Protected Material is not 15 entitled to confidential treatment shall give written notice to the party who affixed the 16 “CONFIDENTIAL” designation of the specific basis for the challenge. The party who so 17 designated the documents shall have ten (10) days from service of the written notice to determine 18 if the dispute can be resolved without judicial intervention and, if not, to move for an Order 19 confirming the “CONFIDENTIAL” designation, and the status as Protected Material. 20 c.Treatment as Protected Material until Order or Withdrawal. Notwithstanding any 21 challenge to the designation of documents as such, all material previously designated 22 “CONFIDENTIAL” shall continue to be treated as Protected Material subject to the full 23 protections of this Order until one of the following occurs: (1) the Party who claims that the 24 documents are Protected Material withdraws such designation in writing; (2) the Party who claims 25 that the documents are confidential fails to move timely for an Order designating the documents as 26 confidential as set forth in paragraph 9.b. above; or (3) the Court rules that the documents are not 27 Protected Material and/or should no longer be designated as “Confidential.” 1 and are not waived by the failure to raise the challenge at the time of initial disclosure or 2 designation. 3 10.DURATION; CONCLUSION OF LITIGATION 4 All provisions of this Order restricting the use of Protected Material shall continue to be 5 binding after the conclusion of the litigation unless otherwise agreed or ordered. However, the 6 dismissal of this action will terminate the jurisdiction of this Court, including over this Order. 7 Within thirty (30) days of the final termination of in the above-entitled action, which 8 would be either a final judgment on all claims or stipulation and order for dismissal with 9 prejudice, all documents and information designated as CONFIDENTIAL by a Designating Party 10 and which has not been challenged, including any copies, or documents containing information 11 taken therefrom, shall be returned to the Designating Party. In the alternative, within thirty (30) 12 days of the final termination of this case, which would be either a final judgment on all claims or 13 stipulation and order for dismissal with prejudice, all such documents, including copies, may be 14 shredded or disposed of in a manner to ensure the destruction thereof and a declaration certifying 15 such destruction or disposal provided to the Designating Party. To the extent a party has 16 designated portions of a deposition transcript as CONFIDENTIAL, the non-designating party is 17 under no obligation or duty to shred or dispose of the deposition transcript, however, the 18 CONFIDENTIAL designation will remain. 19 11.PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 20 OTHER LITIGATION. 21 If a Party is served with a subpoena or an order issued in other litigation that would compel 22 disclosure of Protected Material designated by another Party or Non-party, the Party must so 23 notify the Designating Party, in writing (by e-mail or fax, if possible) within three (3) court days 24 after receiving the subpoena or order. Such notification must include a copy of the subpoena or 25 court order. 26 12.ORDER SUBJECT TO MODIFICATION 27 This Order shall be subject to modification on motion of any Party or any other person 1 addressing the scope and terms of this Order. The Order shall not, however, be modified until the 2 Parties shall have been given notice and an opportunity to be heard on the proposed modification. 3 13.NO JUDICIAL DETERMINATION 4 This Order is entered based on the representations and agreements of the Parties and for 5 the purpose of facilitating discovery. Nothing herein shall be construed or presented as a judicial 6 determination that any specific document or item of information designated as CONFIDENTIAL 7 by counsel is subject to protection under Rule 26(c) of the Federal Rules of Civil Procedure or 8 otherwise until such time as a document-specific ruling shall have been made. 9 14.MISCELLANEOUS 10 a.Public Health and Safety. Nothing in this Order is intended to prevent any Party from 11 raising with the Court any concern that the non-disclosure of certain Protected Material may have 12 a possible adverse effect upon the general public health or safety, or the administration or 13 operation of government or public office. 14 b.Right to Further Relief. Nothing is this Order abridges the right of any person to seek 15 its modification by the Court in the future. 16 c.Right to Assert Other Objections. By stipulating to the entry of this Order, no Party 17 waives any right it otherwise would have to object to disclosing or producing any information or 18 item on any ground not addressed in this Order. Similarly, no Party waives any right to object on 19 any ground to use in evidence of any of the material covered by this Protective Order. 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 1 15. PERSONS BOUND UPON ENTRY OF ORDER 2 This Order shall take effect when entered and shall be immediately binding upon the 3 || Parties (as defined herein). 4 IT IS SO STIPULATED. DATED this 5" day of May, 2020. DATED this 5"" day of May, 2020. 6 LEWIS BRISBOIS BISGAARD & SMITH LAGOMARSINO LAW 3 || ZZ Robert W. Freeman s/ Andre M. Lagomarsino Robert W. Freeman, Jr., Esq. Andre M. Lagomarsino 9 || Nevada Bar No. 3062 LAGOMARSINO LAW E. Matthew Freeman, Esq. 3005 West Horizon Ridge Parkway, Suite 10 || Nevada Bar No. 14198 241 6385 S. Rainbow Blvd., Suite 600 Henderson, Nevada 89052 11 || Las Vegas, Nevada 89118 Attorneys for Plaintiffs Attorneys for Defendants 12 13 14 ORDER 15 IT IS SO ORDERED. 16 DATED this 5th day of May, 2020. 17 = 18 Daniel J. Albregts 19 United States Magistrate Judge 20 21 22 23 24 25 26 27 7°