United States District Court, D. Nevada
PRESENT: HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE
MINUTES OF THE COURT
ORDER IN CHAMBERS:
parties have submitted a stipulated protective order (ECF No.
43). Section VII appears to provide that documents containing
confidential information shall be automatically filed under
seal with the court. The sealed document would then be
followed ten days later by a motion to seal. (Id.)
This provision is contrary to the dictates of LR IA 10-5
which requires papers filed under seal to be
accompanied by a motion for leave to file under
seal. Attached to this order is a form of stipulated
protective order that the parties may consider, which seeks
to balance the parties' interests in protecting
confidential information with the Ninth Circuit's
holdings in Kamakana v. City and County of Honolulu,
447 F.3d 1172 (9th Cir. 2006) and Pintos v. Pac.
Creditors Ass'n, 605 F.3d 665, 677-78 (9th Cir.
upon the foregoing, the court cannot approve the stipulated
protective order (ECF No. 43) submitted for this court's
approval. However, the parties have leave to submit a revised
stipulated protective order that comports with LR IA 10-5(a)
and the holdings in Kamakana and Pintos.
order to protect the confidentiality of confidential
information obtained by the parties in connection with this
case, the parties hereby agree as follows:
party or non-party may designate as
“confidential” (by stamping the relevant page or
other otherwise set forth herein) any document or response to
discovery which that party or non-party considers in good
faith to contain information involving trade secrets, or
confidential business or financial information, subject to
protection under the Federal Rules of Civil Procedure or
Nevada law (“Confidential Information”). Where a
document or response consists of more than one page, the
first page and each page on which confidential information
appears shall be so designated.
party or non-party may designate information disclosed during
a deposition or in response to written discovery as
“confidential” by so indicating in said response
or on the record at the deposition and requesting the
preparation of a separate transcript of such material.
Additionally a party or non-party may designate in writing,
within twenty (20) days after receipt of said responses or of
the deposition transcript for which the designation is
proposed, that specific pages of the transcript and/or
specific responses be treated as “confidential”
information. Any other party may object to such proposal, in
writing or on the record. Upon such objection, the parties
shall follow the procedures described in paragraph 8 below.
After any designation made according to the procedure set
forth in this paragraph, the designated documents or
information shall be treated according to the designation
until the matter is resolved according to the procedures
described in paragraph 8 below, and counsel for all parties
shall be responsible for making all previously unmarked
copies of the designated material in their possession or
control with the specified designation.
information produced or exchanged in the course of this case
(other than information that is publicly available) shall be
used by the party or parties to whom the information is
produced solely for the purpose of this case.
Except with the prior written consent of other parties, or
upon prior order of this Court obtained upon notice to
opposing counsel, Confidential Information shall not be
disclosed to any person other than:
(a) counsel for the respective parties to this litigation,
including in-house counsel and co-counsel retained for this
(b) employees of such counsel;
(c) individual defendants, class representatives, any officer
or employee of a party, to the extent deemed necessary by
Counsel for the ...