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Morimoto v. Whitley

United States District Court, D. Nevada

October 16, 2017

Bernadine Morimoto, as Personal Representative of the ESTATE OF ABYGAILE B., deceased; EMBER B., a minor, by and through material grandmother and legal guardian, Bernadine Morimoto; and KARPJAH M., a minor, by and through material grandmother and legal guardian, Bernadine Morimoto, Plaintiffs,
v.
RICHARD WHITLEY, Director of the Nevada Department of Health and Human Services; KELLY WOOLRIDGE, Administrator of me Nevada Division of Child and Family Services; DONALD BURNETTE, Clark County Manager; CLARK COUNTY; TIMOTHY BURCH, Director of Clark County Department of Family Services; JAMES HARDEE, individually; HOPELINK OF SOUTHERN NFVADA, a Nevada Non-Profit Corporation; SHERRY BENNETT, individually; JUSTIN TOM BENNETT, individually; DOES I-X, inclusive; ROES XI-XX, inclusive, Defendants.

          CHRISTIANSEN LAW OFFICES P PETER S. CHRISTIANSEN, ESQ., R. TODD TERRY, ESQ., KENDELEE L. WORKS, ESQ., WHITNEY J. BARRETT, ESQ. ATTORNEYS FOR PLAINTIFFS

          OLSON, CANNON, GORMLEY, ANGULO & STOBERSKI, FELICIA GALATI, ESQ. ATTORNEYS FOR DEFENDANTS LAS VEGAS, NV 89101 CLARK COUNTY, DONALD BURNETTE AND TIMOTHY BURCH

          ATTORNEY GENERAL'S OFFICE ADAM PAUL LAXALT, ESQ. ATTORNEY GENERAL, SHANNON C. RICHARDS, ESQ., DEPUTY ATTORNEY GENERAL, ATTORNEYS FOR DEFENDANTS, RICHARD WHITLEY AND KELLY WOOLDRIDGE

          SKANE WILCOX LLP, ELIZABETH A. SKANE, ESQ., DANIELLE A. KOLKOSKI, ESQ. ATTORNEYS FOR DEFENDANTS HOPELINK OF SOUTHERN NEVADA AND JAMES HARDEE

          CONFIDENTIALITY STIPULATION AND ORDER

         1. To the extent that relevant, non-privileged material contained in the records of the Clark County Department of Family Services ("CCDFS") may be discoverable in this action, the parties stipulate that this Court may find, and this Court does so find, that such material may be necessary for the determination of an issue before the Court and, therefore, may be disclosed to the Court and to attorneys representing the named parties to this action, provided that such disclosure occurs only in strict accordance with the terms of this Order.

         2. If a privilege is claimed as to documents or records sought in connection with this litigation, the procedures set forth in Local Rule 10-5 regarding in camera submission shall apply.

         3. The parties acknowledge, and the Court finds, that CCDFS information and material which are the subject of this Confidentiality Order, contain sensitive information that is generally protected from disclosure by Nevada statute and administrative code, and that all such information should be and hereby is deemed confidential and may not be discussed with or disclosed, either orally or in writing, to anyone, including but not limited to the news or publication media in any format, except in the strict accordance with the provisions of this Confidentiality Order. This Order does not apply to policies and procedures of CCDFS which are otherwise deemed public record pursuant to NRS 179A.110, NRS 29.010, NRS 432B.290(2) and NRS 432B.407.

         4. Information contained in CCDFS records which is deemed confidential pursuant to this Confidentiality Order, or pursuant to any subsequent Court Order in this matter, shall be used only for pretrial proceedings in this litigation, preparation for trial, the trial of this action, any post-trial proceedings and any appeal, subject to the terms of paragraphs 8 of this Order, and shall not be used for any other purpose.

         5. The parties may not disclose or discuss any confidential material or information produced pursuant to this Confidentiality Order to any person other than the United States District Court and Court personnel; Court reporters and stenographic reporters working in this matter; attorneys engaged in the prosecution and defense of this action including the regular staff of all such attorneys; the parties; experts and consultants retained by the parties for purposes of this litigation; witnesses and their counsel at depositions or at any hearing or trial held herein or in connection with preparation therefore; employees of a party, expert or consultant to the extent reasonably deemed necessary by counsel for the purpose of assisting in the prosecution or defense of this action, and only on condition set forth in paragraph 6 below. The news or publication media, in any format, are not persons, entities, experts or consultants potentially entitled to disclosure under this paragraph.

         6. If a party provides any person other than a party, counsel for a party, or a direct employee of such counsel, access to information pursuant to paragraph 5 hereof, the providing party shall give a copy of this Order to the person given access to the information. The providing party shall then require the signature of the person given access to this information, on the Statement of Confidentiality attached hereto and made a part hereof as Exhibit A, prior to furnishing access to information covered by this Order. Such persons shall then be bound by this Order and shall not disclose the information to any persons not authorized under state or federal law or Order of this Court to receive such information. Copies of the executed Statement of Confidentiality shall be provided to all counsel to this action within five (5) business days of execution.

         7. Should any party or person to whom this Confidentiality Order applies wish to disclose any material derived from CCDFS records that are the subject of this Order to any person other than as described herein and specifically permitted by this Order, or for any purpose other than as set forth herein, such party or person shall, in writing, advise all counsel of the desired disclosure, including the proposed recipient of the desired disclosure, in writing.

         a. If any party objects to the proposed disclosure:

(1) The objecting party shall set forth that objection, in writing, to all counsel, within eight (8) business days of that party's actual receipt of the written notice of intended disclosure, specifying therein the basis of the objection;
(2) The party desiring disclosure shall then submit a motion to the Court for an Order Authorizing Disclosure of the specified material or information, or for an Order clarifying that the subject matter of the desired disclosure does not fall within the ...

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