Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hernandez v. Shanholtzer

United States District Court, D. Nevada

January 17, 2017

ANTHONY HERNANDEZ, an individual Plaintiff,
v.
TODD ALAN SHANHOLTZER, an individual; MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts Corporation; GUARDIAN LIFE INSURANCE COMPANY, a Pennsylvania Corporation; and DOES I through 10, inclusive, Defendants.

          ALVERSON, TAYLOR, MORTENSEN & SANDERS JONATHAN B. OWENS, ESQ. Nevada Bar No. 7118 Attorneys for Massachusetts Mutual Life Insurance Company

          LATHROP & GAGE, LLP JAMES E. DALLNER, ESQ. Nevada Bar No. 11945 Attorneys for Defendant, Guardian Life Insurance CompanyGuardian

          WILSON, ELSER, MOSKOW1TZ EDELMAN & DICKER LLP J. SCOTT BURRIS, ESQ. Nevada Bar No. 10529 Attorneys for Defendant, Todd Alan Shanholtzer

          ANDREW R. MUEHLBAUER, ESQ. Nevada Bar No.10161 Attorneys for Defendant, Guardian Life Insurance Company

          STIPULATED PROTECTIVE ORDER

         The parties to the above-captioned action, by and through their respective counsel of record, hereby stipulate and agree to the entry of a Protective Order and to be bound by said order in connection with the above-captioned lawsuit.

         During the course of discovery, the parties may exchange information, to include documents and testimony containing information, which is proprietary as sensitive business, commercial, or other technical information, the uncontrolled release of which would cause the producing party competitive harm. In order to preserve and maintain the confidentiality of certain documents to be produced in this litigation by the parties and/or third parties and in order to facilitate an orderly, timely, and economic discovery process, it is hereby ORDERED:

         I.

         A. The parties recognize that discovery in this matter may call for the production of materials containing confidential and proprietary business, technical and other commercially sensitive information, and/or personal information about third-parties, and that the producing party has a protected proprietary and property interest in those materials, or otherwise has an interest in preventing the dissemination of information about third-parties.

         B. Pursuant to the Federal Rules of Civil Procedure 5.2, sealing or redaction is necessary in this case in order to protect intellectual proprietary or property interests such as trade secrets as defined in NRS § 600A.030(5).

         C. If the producing party has a good faith factual and legal basis for asserting a privilege or exemption from public disclosure, the producing party may designate as "Confidential" the portion of any produced material it considers subject to its claim of privilege or exemption in accordance with Section I.D. below, relying on the terms of this Stipulated Protective Order ("Protective Order") in producing that information. Such Confidential designation shall make the designated portions of those produced materials and all copies, prints, summaries, translations, or other reproductions of such material subject to this Protective Order. This Protective Order also shall apply to the specific pages and lines from oral depositions as well as any discovery responses, designated as Confidential by the producing party in accordance with Section I.G. below.

         D. When used in this Protective Order, the phrase "Confidential Information" means information which is confidential personal information of third parties to this litigation and subject to privacy protections guaranteed by the United States Constitution and Nevada law; information that constitutes a trade secret or reveals confidential research, development or commercial information; sensitive or proprietary business or financial information, personal information, or information furnished to the party producing the information in confidence by a third party. Confidential Information does not include information that has been disclosed in the public domain.

         E. When used in this Protective Order, the phrase "Confidential Material" means any documents designated pursuant to Section I.G. of this Protective Order and any Confidential Information contained therein, and the information derived from such documents, including any copies, abstracts, summaries, compilations, computer documents, drawings, standards, responses to written discovery referencing Confidential Information or other such record derived from documents or materials designated as "Confidential, " whether produced in hard-copy, on CD-ROMs or DVDs, or any other media. Nothing in this Protective Order, however, shall be interpreted to require the production of any trade secret information as defined in NRS 49.325, NRS Chapter 600A, the Nevada Uniform Trade Secrets Act, or otherwise.

         F. The burden of proving the confidential nature of designated information is on the producing party. Prior to designating any material as Confidential and subject to this Protective Order, the producing party must make a bona fide determination that the material is, in fact, confidential as defined above, the dissemination of which would significantly damage the producing party's competitive position or impact the privacy rights of third-parties.

         G. In order to designate a portion of any document or other printed material as Confidential, the producing party shall mark the designated pages of the material with the word "CONFIDENTIAL" in a manner that does not obscure, or impair the legibility of any information contained within the material, but makes it difficult to remove the designation. In order to designate a computer database, disc, compact disc, drive, or other electronically recorded material as Confidential, the producing party shall mark the disc, case or envelope containing the material with the word "CONFIDENTIAL." Documents printed from such electronic media shall be marked the same as documents originally produced on paper. Additionally, no Confidential Information or Confidential Material shall be transmitted by email to a Covered Person (as defined in Section I.I. below), but shall be transmitted only on discs or other physical media.

         H. In the case of a deposition or oral examination, counsel for the producing party may, during the deposition, designate on the record that testimony involving Confidential Material be held as Confidential, and the entire deposition transcript will be treated as Confidential until counsel for the producing party receives a transcript of the deposition and designates specific page and line portions of the testimony. In the event the producing party's counsel during the deposition does not designate on the record that testimony involving Confidential Material be held as Confidential, the producing party does not waive its right to designate the deposition testimony or any parts thereof as Confidential upon receipt of the deposition transcript. After receipt of the final deposition transcript, the producing party shall identify by page and line the portion of the material that the producing party intends to designate as Confidential in a written letter served to all counsel of record within 30 days after the producing party's receipt of the written deposition transcript from the court reporter. Only the portions of the deposition transcript designated by the producing party during this time period shall remain Confidential. Any party challenging the Confidential designations of the deposition transcripts shall inform the producing party of those specific challenges in writing within 20 days of receiving the designations. The producing party shall have 20 days from receipt of the written challenges to move for an appropriate ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.