Duarte v. Nevada Gold Mines, LLC

WILLIAM J. GEDDES Nevada Bar No. 6984 KRISTEN R. GEDDES Nevada Bar No. 9027 || THE GEDDES LAW FIRM, P.C.

1575 Delucchi Lane, Suite 206 4|| Reno, Nevada 89502 Phone: (775) 853-9455 || Fax: (775) 299-5337 Email: [email protected] 6|| Email: [email protected] || Attorneys for Plaintiff Eric Duarte 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10]| ERIC DUARTE, an individual, CASE NO: 3:21-cv-00070-HDM-WGC 11 Plaintiff, 12]| vs. STIPULATED PROTECTIVE ORDER 13|| NEVADA GOLD MINES, LLC, a foreign Regarding Limited-Liability Company; and BARRICK 14|| GOLD OF NORTH AMERICA, INC, a foreign CONFIDENTIALITY OF DOCUMENTS corporation d.b.a. Nevada Gold Mines, PRODUCED IN LITIGATION Defendants.

18 Pursuant to Federal Pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 26(f) a 19]| U.S. District Court of Nevada Rule (“Local Rule”) 26-1(e), the parties through their respective couns hereby submit the following Stipulated Protective Order.

1. RECITALS 22 WHEREAS: the parties to the above-captioned litigation anticipate that discovery will requ: || the parties to disclose records and information that are confidential and sensitive, including becau such records are anticipated to include the parties’ private employment records and private medic || records; and 26 WHEREAS: the parties seek to protect and prevent the improper dissemination of su confidential and private records and information to third parties, during the course of litigation and aft || the litigation has ended; I. STIPLUATION 2 THEREFORE: the parties, by and through their respective counsel of record, hereby stipula || and request the Court issue an Order (“Stipulated Protective Order’), protecting the confidential natu of certain records and information as may be produced during the course of the above-captioned matt || as follows: 6 1. If any person or entity, whether or not a party to the instant action, produces or receiv 7\| answers to interrogatories, or documents or other things, which the producing or receiving person || entity considers to be “Confidential Information,” as defined in § II(3)(A)(D infra; or 9 2. If there is deposition testimony which any person or entity, whether or not a party to t 10]| instant action, believes contains “Confidential Information,” as defined in § II(3)(A)() infra; or 1] 3. Third parties produce information which the third parties assert is confidential, t following procedure shall govern pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 26 ( ]| et. seq.: 14 A. Any documents (and the contents thereof), things or information falling with 15]| the definition of “Confidential Information,” set forth in § II(3)(A)(D infra, that are produced may | 16|| designated and marked, in whole or in part, without regard to whether redactions are mac 17|| “Confidential” by the party producing the documents or information, at the time the documents a 18]| delivered to or made available for inspection by any party; 19 I. “Confidential Information” includes, but is not limited to: ( employment records of any employees or former employees of any party; (b) confidential note memoranda, and statements regarding non-party employees; (c) confidential information concerni the discipline and/or termination of non-party employees and former employees; (d) the production || information or documents proprietary to any party, including by way of example and not limitation, t records, financial statements; (e) other private information of any party or non-party to the prese litigation, including consumer records, e.g., phone bills; (f) financial records and business records 26]| any person or entity, whether a party or non-party to the present litigation; and (g) medical recor¢ including medical bills and psychological records, and medical information of any person, whether || party or non-party to the present litigation.

1 B. If a party produces to another party items that contain Confidential Informati: 2|| as defined above, that party may designate one or more documents, or a portion of a document, || “Confidential” before producing that document to the other party. Such designation shall be made | 4|| marking, stamping or typing the word “Confidential” on each page of the document at the time it produced to the receiving party’s counsel; 6 C. Any party may designate deposition testimony as “Confidential” by oral 7\| making such a designation on the record either at the commencement of the deposition, at the time t || testimony is given, and/or before the end of that day's questioning. Following such a designation, t court reporter shall mark “Confidential” on the transcript or the portion thereof containing t 10]| “Confidential” testimony; 1] D. In addition, documents or items produced by one party may be designat 12]| “Confidential” by the other party, i.e., the receiving party, by: 13 I. marking the document, in whole or in part, “Confidential” in the san |imanner as stated above; and 15 Il. then forwarding a copy of the marked document back to the □□□□□□□ |[party; 17 E. In this regard, the receiving party seeking the “Confidential” designation □□ || designate, by number, each document it believes should be “Confidential”; 19 F. If the receiving party has no objection to the “Confidential” designation made | the producing party, the receiving party may either expressly notify the producing party or allow the t calendar-day objection period (set forth below) to lapse. Where there has been no written objecti made, once a document or item has been produced and designated as provided herein to the receivi || party, the document or item shall be treated as “Confidential,” respectively, pursuant to this Stipulat Protective Order, until further order of the Court; /// 26]| /// 27]|/// || /// 1 4. The following protocol shall apply in the event of an objection to a designation || “Confidential”: 3 A. If there is an objection to the “Confidential” designation, the party so objecti 4|| must notify the other party in writing of both the objection and the grounds for the objection with 5|| fourteen calendar days from the date the designation was made or the document(s)/item(s) receive whichever is later, and the procedure in § II(4)(B) infra, shall apply; 7 B. If the parties do not agree that the documents, information or testimony shou || be treated as confidential, the parties shall attempt to resolve the issue by meeting and conferring. □□ 9|| resolution does not occur, either party may file a motion with the Court to resolve the dispute. Su 10]| motion must be filed within 30 calendar days of receipt of the written objection to the designatio unless stipulated otherwise by counsel. If an objection has been raised, the documents, testimot and/or information at issue shall be governed by § II (3)(A)-(F), inclusive, of this Stipulated Protecti Order, and treated and regarded as “Confidential” from the date of disclosure and/or production un 14]| the dispute is resolved informally by the parties or a final order is issued by the Court resolving t 15]| dispute. In the event of such motion, the parties having entered into this Stipulation and the existen of the Court's Order entered thereon shall not affect the burden of proof on any such motion, n 17]| impose any burdens upon any party that would not exist had this Stipulated Protective Order not be || entered; 19 5. A document or testimony, or portion, summary, or abstract thereof, that is to be treat “Confidential” pursuant to this Stipulated Protective Order shall not be disclosed to any persons oth than the parties, counsel of record for the parties, attorneys, legal assistants and clerical personr employed by them, and other persons to whom disclosure is necessary for the purposes of tl || litigation. (This allows disclosure to the officers, directors, employees or former employees of t parties, persons requested by counsel for any party to furnish technical or expert service or to gi expert testimony with regard to the subject matter of the document(s), item(s) or expert testimony f the trial of this action). However, each such person to whom a party makes such disclosure shall re 27]| this Stipulated Protective Order and acknowledge in writing that he/she is fully familiar with the terr || hereof and agrees to comply with, and be bound by, this Stipulated Protective Order until modified | ] || either further order of the Court or agreement of all the affected parties; 2 6. The inadvertent unintentional disclosure by a party of Confidential informatic || regardless of whether the information was so designated at the time of disclosure, shall not be deemec 4|| waiver in whole or in part of a party’s claim of confidentiality, either as to the specific informati 5|| disclosed or as to any other information relating thereto or on the same or related subject matter. T 6|| failure to designate any document, material, or information as Confidential in accordance with tl 7\| Stipulated Protective Order at the time it is produced or disclosed does not preclude a party from lat || seeking to designate a document, material, or information as Confidential. If a party discovers that inadvertently produced materials containing Confidential information without marking them as such 10]| accordance with this Stipulated Protective Order, the party may provide written notice to the receivit party that the materials should be treated as Confidential information in accordance with this Stipulat Protective Order. Upon receipt of such notice, the receiving party must treat such materials 13]| Confidential information, and upon receipt of materials properly marked as Confidential, must return 14]| destroy the unmarked materials and must reasonably ensure that others to whom the unmark 15]| materials were disclosed have not retained copies. No party shall be deemed to have violated th Stipulated Protective Order by failing to maintain the confidentiality of material during a time wh 17]| that material has not been designated Confidential information, even where the failure to so designa was inadvertent and where the material is subsequently designated Confidential information.

19 7. In accordance with Rule 26(b)(5)(B) of the Federal Rules of Civil Procedure, information produced in discovery is subject to a claim of privilege or of protection as trial-preparati: material, the party making the claim may notify any party that received the information of the clai and the basis for it. After being so notified, the notified party must promptly return, sequester, || destroy the specified information and any copies it has; must not use or disclose the information un the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed before being notified; and may promptly present the information to the court under seal for determination of the claim. The producing party must preserve the information until the claim 27]|| resolved. The inadvertent, unintentional disclosure in this litigation by a party of its own designat || privileged document or information, regardless of whether the information was so designated at t time of disclosure, shall not be deemed a waiver in whole or in part of a party’s claim of privileg either as to the specific information disclosed or as to any other information relating thereto or on t same or related subject matter. The receiving party upon receiving a privilege log identifying tl document remains free to challenge any claim of privilege or protection, but shall not make any clai 5|| that the production of the document was a waiver of any privilege or protection. Moreover, absent || ruling that the document or information at issue is not privileged or protected, a receiving party may n 7\| disclose or make any use whatsoever of the information disclosed in or derived from the document || information at issue.

9 8. Anyone seeking to file any “Confidential” documents, testimony, or information or a: 10]| pleadings or memorandum purporting to reproduce or paraphrase all or any portion of such confidenti 11]| material with this Court must first attempt to make such filings confidentially, by seeking to obta 12]| prior leave of Court for filing the same under seal. Notwithstanding any agreement among the partic 13]| the party seeking to file a paper under seal bears the burden of overcoming the presumption in favor 14]| public access to papers filed in Court. NOTE: If the document is filed electronically, the approprie 15]| protocol for that purpose will be utilized. Any motion regarding filing confidential information a1 16]| motions to seal shall comply with LR IA 10-5 and the requirements of Kamakana y. City and County Honolulu, 447 F.3d 1172 (9th Cir. 2006). See also, Center for Auto Safety v. Chrysler Group, LLC, 8| 18]| F.3d 1092, 1097 (9th Cir. 2016).

19 9. If such application for leave of Court to file any document(s) under seal is denied, th the party who sought leave will be relieved, in that instance only, and only as to such documents f which leave of Court was denied, from complying with this stipulation in relation to that filing; 22 10. Any documents, testimony, and/or information that has been rendered “Confidentia || under the parties’ Stipulated Protective Order is to be used only in the above-captioned action, and m || not be used in any other action or for any other purpose unless the party seeking to make such use h 25]| acquired the documents, testimony, and/or information from a source independent of the abov 26]|| captioned action; /// /// 1 11. Within 45 calendar days of the entry of the final order concluding this judici proceeding, all “Confidential” documents or things; any copies, summaries, and abstracts thereof; 3]| notes relating thereto, shall be returned to the producing party or destroyed by the receiving par (including by being shredded), at the option of the receiving party, with proof or attestation of su 5|| destruction of records being transmitted by the receiving party to the producing party, except 6|| otherwise ordered by the Court or stipulated in writing by the parties. Counsel of record shall obta 7\| return of such information, things, and/or documents from any person to whom that counsel has ma || available the documents or information produced by the other party designated as “Confidentia Notwithstanding any other language contained in this Order, each party’s counsel of record shall | 10]| allowed to retain for its files a copy of all pleadings, motions, exhibits, or other papers filed and/ || lodged with the Court, and of all documents designated by both parties or any non-party as 12 12. “Confidential” and/or summaries or abstracts thereof (including but not limited documents of any type prepared by a party and/or counsel that are subject to the attorney-clie 14]| privilege and/or the attorney work-product doctrine). All such documents and information retained | counsel of record must be maintained in a confidential manner and used only in accordance with tl 16]| Order.

17 13. — This Stipulated Protective Order may be amended, without prior leave of the Court, | 18]| the agreement of counsel for the parties in the form of a stipulation and order that shall be filed in th 19]| case. Nothing herein shall be construed so as to prevent any party from seeking relief from this Ord at any time; and 21 14. The parties reserve their rights to assert the confidentiality of documents a1 || information produced irrespective of their production pursuant to this Stipulated Protective Order.

23 || Dated: April 27, 2021. THE GEDDES,LA RM 24 fit itlam J. Geddes, Esq.

25 Nevada Bar No. 6984 1575 Delucchi Lane, Suite 206 26 Reno, Nevada 89502 Phone: (775) 853-9455 27 Fax: (775) 299-5337 Email: [email protected] 28 Attorneys for Plaintiff Eric Duarte || Dated: April 27, 2021. PARSON BEHLE & LATIMER 2 Electronic Signature Authorized 3 /s/ Laurence B. Irwin Laurence B. Irwin, Esq.

4 Nevada Bar No. 5024 W. Liberty Street, Suite 750 5 Reno, Nevada 89501 Phone: (775) 323-1601 6 Email: [email protected] Attorneys for Defendants Nevada Gold Mines, 7 LLC and Barrick Gold of North America, Inc. 9 IT IS SO ORDERED.

10 Wut 6. Cok 11 UNITED STATES MAGISTRATE JUDGE Dated: April 28, 2021