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Hartman v. Huffy Corp.

United States District Court, D. Nevada

October 6, 2017

WILLIAM HARTMAN, et al., Plaintiffs,
v.
HUFFY CORPORATION, et al., Defendants.

          PRESENT: THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE.

          MINUTES OF THE COURT

         MINUTE ORDER IN CHAMBERS:

         The parties have submitted a stipulated protective order (ECF No. 15). The proposed stipulated protective order appears to provide that documents containing confidential information shall be automatically filed under seal with the court. This provision is contrary to the dictates of LR IA 10-5 and the law in this circuit concerning the sealing of court records. See Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006); Pintos v. Pac. Creditors Ass'n, 605 F.3d 665, 677-78 (9th Cir. 2010). 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 and Pintos.

         Based upon the foregoing, the court cannot approve the stipulated protective order (ECF No. 15) 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 and the holdings in Kamakana and Pintos.

         IT IS SO ORDERED.

         STIPULATED PROTECTIVE ORDER

         In order to protect the confidentiality of confidential information obtained by the parties in connection with this case, the parties hereby agree as follows:

         1. Any 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.

         2. A 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.

         3. All 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.

         4. 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 litigation;
(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 ...

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