1 || Christopher B. Reich, Esq., Nev. Bar No. 10198 [email protected] 2 || Neil A. Rombardo, Esq., Nev. Bar No. 6800 [email protected] 3 || Sara K. Montalvo, Esq., Nev. Bar No. 11899 [email protected] 4 || Andrea L. Schulewitch, Esq., Nev. Bar No. 15321 [email protected] 5 || WASHOE COUNTY SCHOOL DISTRICT P.O. Box 30425 6 || Reno, NV 89520-3425 Telephone: 775-348-0300 7 || Fax: 775-333-6010 Attorneys for Defendant Washoe County School District 8 oO 3 UNITED STATES DISTRICT COURT

= IN AND FOR THE DISTRICT OF NEVADA 10 PAULA FLOWE, CASE NO.: 3:21-cv-00449-MMD-WGC ll Plaintiff, seg = a vs. STIPULATED PROTECTIVE ORDER 26 13 = WASHOE COUNTY SCHOOL DISTRICT, 14 Defendant. 2 15 / 16 Pursuant to FRCP 26(c), in order to protect the confidentiality of confidential information 17 || obtained by the Parties in connection with this case, the Parties hereby agree as follows: 18 1. Any Party or non-party may designate as “confidential” (by stamping the relevant 19 || page or as other otherwise set forth herein) any document or response to discovery which that 20 □□ Party or non-party considers in good faith to contain information (herein referred to as 21 ||“Confidential Information”) involving: (a) employment records of any employees or former 22 || employees of any Party; (b) confidential notes, memoranda, and statements regarding non-party 23 || employees; (c) confidential information concerning the discipline and/or termination of non-party 24 ||employees and former employees; (d) the production of information or documents proprietary to

1 || any Party, including by way of example and not limitation, tax records, financial statements; (e) 7 || other private information of any Party or non-party to the present litigation, including consumer 3 ||records, e.g., phone bills; (f) financial records and business records of any person or entity, 4 || whether a Party or non-party to the present litigation; (g) medical records, including medical bills 5 || and psychological records, and medical information of any person, whether a Party or non-party 6 || to the present litigation; (h) the name, identity, record or personally identifiable information of 7 || any student or former student of Defendant Washoe County School District which information is

° 8 || protected by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §1232g (FERPA); 9 || G) any Confidential Administrative Investigative Reports, and their related documents, conducted

10 Defendant Washoe County School District; and (k) any other personally identifiable

11 ||information subject to protection under the Federal Rules of Civil Procedure or Nevada law. 8 12 || Where a document or response consists of more than one page, the first page and each page on 2 13 || which Confidential Information appears shall be so designated. 14 2. A Party or non-party may designate information disclosed during a deposition or 5 15 ||in response to written discovery as “confidential” by so indicating in said response or on the 16 record at the deposition and requesting the preparation of a separate transcript of such material. 17 || Additionally, a Party or non-party may designate in writing, within twenty (20) days after receipt 18 || of said responses or of the deposition transcript for which the designation is proposed, that specific 19 || pages of the transcript and/or specific responses be treated as “confidential” information. Any 20 || other Party may object to such proposal, in writing or on the record. Upon such objection, the 21 || Parties shall follow the procedures described herein below. After any designation made according 22 ||to the procedure set forth in this paragraph, the designated documents or information shall be 23 || treated according to the designation until the matter is resolved according to the procedures 24 || described herein below, and counsel for all Parties shall be responsible for making all previously

1 ||unmarked copies of the designated material in their possession or control with the specified 2 || designation. 3 3. All information produced or exchanged in the course of this case (other than 4 ||information that is publicly available) shall be used by the Party or Parties to whom the 5 || information is produced solely for the purpose of this case. 6 4. Except with the prior written consent of other Parties, or upon prior order of this 7 || Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed

° 8 || to any person other than: 9 a) counsel for the respective Parties to this litigation, including in-house

10 || counsel and co- counsel retained for this litigation; 11 b) employees of such counsel;

3 12 c) individual defendants, class representatives, any officer or employee of a 2 13 || Party, to the extent deemed necessary by Counsel for the prosecution or defense of this litigation; 14 d) consultants or expert witnesses retained for the prosecution or defense of 5 15 || this litigation, provided that each such person shall execute a copy of the Certification annexed 16 to this Order as Exhibit “A” (which shall be retained by counsel to the Party so disclosing the 17 || Confidential Information and made available for inspection by opposing counsel during the 18 || pendency or after the termination of the action only upon good cause shown and upon order of 19 || the Court) before being shown or given any Confidential Information; 20 e) any authors or recipients of the Confidential Information; 21 f) the Court, Court personnel, and court reporters; and 22 g) non-party witnesses (other than persons described in paragraph 4(e)). A 23 ||non-party witness (other than persons described in paragraph 4(c) and 4(e)) shall sign the 24 || Certification before being shown a confidential document. Confidential Information may be

1 || disclosed to a non-party witness (other than persons described in paragraph 4(c) and 4(e)) who 2 || will not sign the Certification only in a deposition at which the Party who designated the 3 || Confidential Information is represented or has been given notice that Confidential Information 4 ||shall be designated “Confidential”, as set forth herein above. Witnesses shown Confidential 5 || Information shall not be allowed to retain copies. 6 5. Any persons receiving Confidential Information shall not reveal or discuss such 7 || information to or with any person who is not entitled to receive such information, except as set

° 8 || forth herein.

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

10 the court under seal shall be accompanied by a contemporaneous motion for leave to file those

11 documents under seal, and shall be filed consistent with the court’s electronic filing procedures 8 12 in accordance with Local Rule IA 10-5 and shall also comply with the requirements of Center for 2 13 || Auto Safety v. Chrysler Group, LLC,

(9th Cir. 2016). Notwithstanding any 14 || agreement among the Parties, the Party seeking to file a paper under seal bears the burden of 5 15 || overcoming the presumption in favor of public access to papers filed in court. Kamakana v. City 16 || and County of Honolulu,

(9th Cir. 2006); Pintos v. Pac. Creditors Ass’n,

|| 665, 677- 78 (9th Cir. 2010). Unless otherwise permitted by statute, rule or prior court order, 18 || papers filed with the court under seal shall be accompanied by a contemporaneous motion for 19 || leave to file those documents under seal, and shall be filed consistent with Nevada Rules for 20 || Sealing and Redacting Court Records (SRCR) and Nevada Electronic Filing and Conversion 21 || Rules (NEFCR). 22 7. A Party may designate as “Confidential” documents or discovery materials 23 || produced by a non-party by providing written notice to all Parties of the relevant document 24 ||numbers or other identification within thirty (30) days after receiving such documents or

] || discovery materials. Any Party or non-party may voluntarily disclose to others without restriction 2 || any information designated by that Party or non-party as confidential, although a document may 3 || lose its confidential status if it is made public. 4 8. If a Party contends that any material is not entitled to confidential treatment, such 5 || Party may at any time give written notice to the Party or non-party who designated the material. 6 || The Party or non-party who designated the material shall have twenty-five (25) days from the 7 ||receipt of such written notice to apply to the Court for an order designating the material as

° 8 || confidential. The Party or non-party seeking the order has the burden of establishing that the 9 || document is entitled to protection. 10 9. Notwithstanding any challenge to the designation of material as Confidential

11 || Information, all documents shall be treated as such and shall be subject to the provisions hereof

3 12 || unless and until one of the following occurs: 2 13 a) the Party or non-party claims that the material is Confidential Information 14 || withdraws such designation in writing; or 5 15 b) the Party or non-party who claims that the material is Confidential 16 || Information fails to apply to the Court for an order designating the material confidential within 17 || the time period specified above after receipt of a written challenge to such designation; or 18 c) the Court rules the material is not confidential. 19 10. — All provisions of this Order restricting the communication or use of Confidential 20 || Information shall continue to be binding after the conclusion of this action, unless otherwise 21 || agreed or ordered. Upon conclusion of the litigation, a Party in the possession of Confidential 22 || Information, other than that which is contained in pleadings, correspondence, and deposition 23 || transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion 24 || of this action to counsel for the Party or non-party who provided such information, or (b) destroy

1 || such documents within the time period upon consent of the Party who provided the information 2 || and certify in writing within thirty (30) days that the documents have been destroyed. 3 11. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the 4 || use of documents at trial. 5 12. Nothing herein shall be deemed to waive any applicable privilege or work product 6 || protection, or to affect the ability of a Party to seek relief for an inadvertent disclosure of material 7 || protected by privilege or work product protection. «8 13. | Any witness or other person, firm or entity from which discovery is sought may oO

© 9 |lbe informed of and may obtain the protection of this Order by written advice of the Parties’ 10 || respective counsel or by oral advice at the time of any deposition or similar proceeding.

11 || DATED this 18" day of January, 2022. DATED this 18" day of January, 2022.

© S 12 MARK MAUSERT LAW OFFICE OFFICE OF THE GENERAL COUNSEL = a WASHOE COUNTY SCHOOL DISTRICT = @ 13

44 By: /s/Sean McDowell, Esq. By: /s/Christopher B. Reich, Esq. 2 15 Sean McDowell Christopher B. Reich, Esq. 2 Mark Mausert [email protected] ~ 16 729 Evans Avenue Neil A. Rombardo, Esq. Reno, Nevada 89512 [email protected] 17 Attorneys for Plaintiff Sara K. Montalvo, Esq. [email protected] 18 Andrea L. Schulewitch, Esq. [email protected] 19 P.O. Box 30425 Reno, Nevada 89520-3425 20 Attorneys for Defendant 21 IT IS SO ORDERED:

92 LJ aI G . Cath UNITED STATES MAGISTRATE JUDGE 23 DATED: January 18, 2022 24

1 EXHIBIT A 2 CERTIFICATION 3 I hereby certify my understanding that Confidential Information is being provided to me 4 ||pursuant to the terms and restrictions of the Stipulated Protective Order dated 5 , filed in Case No. 3:21-cv-00449. I have been given a copy of that Order 6 || and read it. I agree to be bound by the Order. I will not reveal the Confidential Information to 7 || anyone, except as allowed by the Order. I will maintain all such Confidential Information—

° 8 || including copies, notes, or other transcriptions made therefrom — in a secure manner to prevent 9 || unauthorized access to it. No later than thirty (30) days after the conclusion of this action, I will

10 ||return the Confidential Information—including copies, notes or other transcriptions made

11 || therefrom — to the counsel who provided me with the Confidential Information. I hereby consent 8 12 || to the jurisdiction of the United States District Court for the purpose of enforcing the Stipulated 2 13 || Protective Order. 14 5 15 || DATED: 2 Signature ~ 16 17 Printed Name ss—(‘“‘isOCOCS 18 19 20 2] 22 23 24