United States District Court, D. Nevada
RONNI PICHARDO, on behalf of herself and all others similarly situated, Plaintiff,
AMERIGROUP CORPORATION, Defendant.
MESERVE, MUMPER & HUGHES LLP Anna Martin (NV Bar No.
7079), TROUTMAN SANDERS LLP Chad R. Fuller (Pro Hac Vice to
be filed), Attorneys for Defendant AMERIGROUP CORPORATION.
L. Hernandez LAW OFFICE OF KEVIN L. HERNANDEZ Counsel for
Plaintiff and the Proposed Class.
AGREED CONFIDENTIALITY ORDER
parties to this Agreed Confidentiality Order have agreed to
the terms of this Order; accordingly, it is ORDERED:
Scope. All materials produced or adduced in the course of
discovery, including initial disclosures, responses to
discovery requests, deposition testimony and exhibits, and
information derived directly therefrom (hereinafter
collectively “documents”), shall be subject to
this Order concerning Confidential Information as defined
below. This Order is subject to the Local Rules of this
District and the Federal Rules of Civil Procedure on matters
of procedure and calculation of time periods.
Confidential Information. As used in this Order,
“Confidential Information” means information
designated as “CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER” by the producing party that falls within one or
more of the following categories: (a) information prohibited
from disclosure by statute; (b) information that reveals
trade secrets; (c) research, technical, commercial, or
financial information that the party has maintained as
confidential; (d) medical information concerning any
individual; (e) personal identity information; (f) income tax
returns (including attached schedules and forms), W-2 forms,
and 1099 forms; or (g) personnel or employment records of a
person who is not a party to the case. Information or
documents that are available to the public may not be
designated as Confidential Information.
party may designate a document as Confidential Information
for protection under this Order by placing or affixing the
words “CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER” on the document and on all copies in a manner
that will not interfere with the legibility of the document.
As used in this Order, “copies” includes
electronic images, duplicates, extracts, summaries, or
descriptions that contain the Confidential Information. The
marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE
ORDER” shall be applied prior to or at the time of the
documents are produced or disclosed. Applying the marking
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” to a
document does not mean that the document has any status or
protection by statute or otherwise except to the extent and
for the purposes of this Order. Any copies that are made of
any documents marked “CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER” shall also be so marked, except that
indices, electronic databases, or lists of documents that do
not contain substantial portions or images of the text of
marked documents and do not otherwise disclose the substance
of the Confidential Information are not required to be
designation of a document as Confidential Information is a
certification by an attorney or a party appearing pro se that
the document contains Confidential Information as defined in
testimony is protected by this Order only if designated as
“CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” on
the record at the time the testimony is taken. Such
designation shall be specific as to the portions that contain
Confidential Information. Deposition testimony so designated
shall be treated as Confidential Information protected by
this Order until fourteen days after delivery of the
transcript by the court reporter to any party or the witness.
Within fourteen days after delivery of the transcript, a
designating party may serve a Notice of Designation to all
parties of record identifying the specific portions of the
transcript that are designated Confidential Information, and
thereafter those portions identified in the Notice of
Designation shall be protected under the terms of this Order.
The failure to serve a timely Notice of Designation waives
any designation of deposition testimony as Confidential
Information that was made on the record of the deposition,
unless otherwise ordered by the Court.
Protection of Confidential Material.
General Protections. Confidential Information shall not be
used or disclosed by the parties, counsel for the parties or
any other persons identified in subparagraph (b) for any
purpose whatsoever other than in this litigation, including
any appeal thereof.
Limited Third-Party Disclosures. The parties and counsel for
the parties shall not disclose or permit the disclosure of
any Confidential Information to any third person or entity
except as set forth in subparagraphs (1)-(9). Subject to
these requirements, the following categories of persons may
be allowed to review Confidential Information:
(1) Counsel. Counsel for the parties and employees of counsel
who have responsibility for the action;
(2) Parties. Individual parties and employees of a party but
only to the extent counsel determines in good faith that the
employee's assistance is reasonably necessary to the
conduct of the ...