Zacarias-Mejia v. GEICO Casualty Company

District Court, D. Nevada

Zacarias-Mejia v. GEICO Casualty Company

Trial Court Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 * * *

4 OLIVER ZACARIAS-MEJIA, Case No. 2:23-cv-00053-MMD-EJY

5 Plaintiff,

6 v. ORDER

7 GEICO CASUALTY COMPANY, a Nebraska Insurance Company; and DOES I 8 through X, inclusive,

9 Defendants. 10 11 Pending before the Court is the proposed Stipulated Protective Order (ECF No. 36). The 12 proposed order fails to comply with local rules requiring a document seeking a judge’s signature to 13 be filed as a stipulation or joint order and the filing party must select the proper event on CM/ECF 14 so that the matter comes before the judge. This did not happen when ECF No. 36 was filed. Further, 15 the proposed protective order does not address how the parties will resolve issues related to the 16 unauthorized or inadvertent disclosure of attorney client privilege information, work product or other 17 confidential materials. Paragraph VII(1) of the proposed order presumes that confidential 18 information may be filed under seal. This is contrary to the law. Heath v. Tristar Products, 19 Inc., Case No. 2:17-cv-02869-GMN-PAL,

2019 WL 12311995

, at *1 (D. Nev. Apr. 17, 2019) citing 20 Foltz v. State Farm Mut. Auto. Ins. Co.,

331 F.3d 1122, 1133

(9th Cir. 2003) (reliance on a blanket 21 protective order, without more, does not make a showing of good cause for sealing 22 documents). Filing of provisionally sealed documents must also comply with Local Rule IA 10-5. 23 Accordingly, IT IS HEREBY ORDERED that the Stipulated Protective Order (ECF No. 36) 24 is DENIED without prejudice.

25 26 27 1 IT IS FURTHER ORDERED that the parties must submit a revised proposed stipulated 2 protective order correcting all deficiencies identified above. 3 DATED this 20th day of October, 2023. 4 5 ELAYNA J. YOUCHAH 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

Reference

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