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West v. Brahma Group, Inc.

United States District Court, D. Nevada

March 29, 2017

CRYSTAL WEST, ANTWANE SIMS and DONNA PEEBLES, Plaintiff,
v.
BRAHMA GROUP, INC., a corporation, Defendant.

          Robert P. Spretnak, Esq. Attorney for Plaintiff

          Peter Navarro Cecilia M. Romero Holland & Hart LLP Attorneys for Defendant

          REVISED CONFIDENTIALITY AGREEMENT AND STIPULATION FOR ENTRY OF A QUALIFIED PROTECTIVE ORDER

         The undersigned agree as follows:

         1. During the course of this litigation, a party may produce or disclose documents, materials, and information (collectively, “Information”) which are confidential, proprietary, trade secret, competitively sensitive, and/or contain personal information, including personal health information as contemplated under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Similarly, such Information may be disclosed by written discovery, deposition testimony (to the extent taken), or in other filings with the Court. Accordingly, the parties submit this Confidentiality Agreement and Stipulation for Entry of a Qualified Protective Order (the “Order”) for the approval and enforcement of the Court and hereby agree as follows:

         2. All Information produced in this litigation and designated as “Confidential” as provided below shall be used solely for the purpose of this litigation, and will not be used or disclosed outside the context of this litigation and shall not be used by the receiving party for any business, commercial, competitive, personal or other purpose, and shall not be disclosed by the receiving party to anyone other than those set forth in Paragraph 7. Any person receiving such Information designated as Confidential shall restrict its disclosure to persons authorized to receive the Information pursuant to this Order. A designation is applicable to all copies and reproductions of any Information. Nothing herein shall be deemed to restrict the right of the producing party to use its own Information that it has designated as Confidential as it chooses. Nothing in this Order requires either party to produce Information the party believes is privileged or otherwise non-discoverable. By entering into this Order, the parties do not waive any right to object to any discovery request, to the admission of evidence on any ground, to seek further protective order, or to seek relief from the Court from any provision of this Order.

         3. Definition of Confidential Information: A producing party may designate as Confidential such Information which the producing party believes in good faith constitutes, contains, or reflects personal health information, financial information about a party or other person, personnel information, proprietary, trade secret, and/or competitively sensitive business information, or other information that is not generally known to the public.

         4. Designating Information as Confidential: All or any part of a document, item, testimony, or other Information disclosed, produced, or filed in this litigation may be designated as Confidential by marking the word “Confidential” on the face of the original of the document and each page so designated, or on the face of the photocopy of the document, and on the photocopies of each page so designated. Oral testimony may be designated as Confidential during the deposition or proceeding, with reasonable precision as to the affected testimony, or within seven (7) business days after receipt of the transcript of such deposition or proceeding by sending written notice designating, by page and line, the portions of the transcript of the deposition or other testimony to be treated as Confidential. All or any part of responses to interrogatories or to requests for admission or for production of documents may be designated as Confidential on the face of the response and each page so designated.

         In addition to the foregoing, the parties agree that any personal health information obtained pursuant to a medical release, whether such release is executed by a party to this litigation or by a third party, shall be automatically designated Confidential. After any such personal health information is obtained pursuant to a medical release, the parties shall mark the word “Confidential” on the face of the original of the document and each page so designated, or on the face of the photocopy of the document, and on the photocopies of each page so designated.

         5. Challenging a Designation: Either party may challenge at any time the propriety of a designation of Information as Confidential. Before seeking relief from the Court, the parties shall attempt to resolve the dispute informally and in good faith. If the parties are unable to resolve such dispute, it shall be submitted to the Court. The Information shall be treated as I Confidential pending resolution of the challenge. The designating party challenging the I designation shall bear the burden of proving that a designation is inappropriate under this Protective Order and applicable law.

         6. No Implied Acknowledgement of Confidentiality: Compliance with the terms of this Order, production or receipt of Information designated Confidential, and/or allowing Information to be designated Confidential shall not in any way operate as an admission that any particular Information is Confidential. Failure to challenge the designation of Information as Confidential does not preclude a subsequent challenge. The designation of Information as Confidential does not create a presumption in favor of or against that designation.

         7. Access to Information Designated Confidential:

         Access to Information designated Confidential is restricted to the following persons:

(a) Counsel of record for the respective parties, including office associates, paralegals, stenographic and ...

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