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Berry v. Desert Palace, Inc.

United States District Court, D. Nevada

October 26, 2017

WILLIAM J. BERRY, JR.; CYNTHIA FALLS; and SHANE KAUFMAN, Plaintiffs,
v.
DESERT PALACE, INC., d/b/a CAESARS PALACE-DOES I through X, and ROE BUSINESS ENTITIES I through X, inclusive, Defendants.

          SCOTT M. MAHONEY (Nev. Bar No. 1099) FISHER &PHILLIPS LLP DONALD R. LIVINGSTON (DC Bar No. 436063) ESTHER G. LANDER (DC Bar No. 461316) Admitted pro hac vice AKIN GUMY STRAUSS HAVER & FELD LLP Attorneys for Defendant DESERT PALACE, INC., d/b/a CAESARS PALACE

          [PROPOSED] PROTECTIVE ORDER REGARDING CONFIDENTIAL DISCOVERY MATERIALS

         The Court recognizes that Defendant Desert Palace, Inc., d/b/a Caesars Palace ("Defendant") and Plaintiffs William J. Berry, Jr., Cynthia Falls, and Shane Kaufmann ("Plaintiffs") (collectively the "parties") and others may be called upon to disclose confidential business or private information in the course of this litigation, Berry, et al. v. Desert Palace, Inc., d/b/a Caesars Palace, et al., No 2:17-cv-00019-GMN-PAL (D. Nev.). Pursuant to Federal Rule of Civil Procedure 26(c), this stipulation serves to protect the legitimate privacy interests, to maintain the confidentiality of information entitled to protection that may be produced in discovery in this litigation, and to provide for an orderly means for the parties and others to invoke confidentiality for materials deserving such protection and the subsequent use of those materials in accord with prevailing Ninth Circuit and U.S. District Court for the District of Nevada standards, it is ordered as follows:

         I. DESIGNATION AS "CONFIDENTIAL"

         In discovery, for good cause, any document (and the contents thereof), thing, testimony, response to written discovery, or information falling within the definitions set forth below, may be designated and marked, in whole or in part, as "Confidential" by the party producing the documents or information at the time the documents are provided, produced, or made available for inspection by the other party. "Confidential Information" shall be treated so throughout this litigation. The procedure for designating materials as Confidential is as follows:

1. "Confidential Information" may be designated or marked, in whole or in part, as Confidential. "Confidential Information" is defined as facts, data, or material which is highly personal and private to a particular individual or entity, such employee personnel files, plaintiffs' medical counseling or treatment records, and Defendant's proprietary business information, including but not limited documents with personal or financial information related to Defendant's customers. "Confidential Information" also includes information that has been entrusted to a party by persons not parties to this litigation upon a promise or legitimate expectation of privacy that the information would be treated confidentially and respectfully and not generally disclosed to others who have no legitimate need of same. While such private and personal information may be discoverable in this litigation, it should not be disclosed in the public part of this case unless further proceedings are undertaken.
2. The parties shall have thirty (30) days from the entry of this Stipulation and Order to designate as Confidential those documents that already have been produced (by them or another party) or received prior to the date of such entry.
3. A party, person, or entity may designate materials as Confidential only if they do so in good faith and reasonably believe that there is a legally sound reason for the designation.
4. In accord with Ninth Circuit precedent, the parties agree to use the least obstructing means of designating Confidential Information.
5. During this litigation, either party may designate as Confidential any material produced in discovery by any other party or any non-party if the designating party in good faith believes that the material contains Confidential Information. The designating party shall have 30 days from the date the material has been produced, or from the date of entry of this Order, to inform the non-designating party in writing that the produced material is being designated as Confidential.

         II. DESIGNATION OF DEPOSITION TESTIMONY AS CONFIDENTIAL

         a. Testimony of Party Deponent

         When appropriate and subject to certain restrictions set forth in section I supra, any party (or their counsel) may designate a party's (their own or another party's) deposition testimony (or any portion thereof, including exhibits) as Confidential by advising the reporter and all parties on the record during the deposition or, thereafter, by notifying the opposing party and court reporter in writing within thirty (30) days after the actual receipt of a copy of a transcript.

         b. Testimony of Non-Party Deponent

         If a party (or their counsel) wishes to designate the deposition testimony of any of its current and/or former employees' or any other non-party deponent (or any portion thereof, including exhibits), they may do so by advising the reporter and all parties on the record during the deposition or, thereafter, by notifying the opposing party and court reporter in writing within thirty (30) days after the actual receipt of a copy of the transcript.

         A non-party deponent may, within the same restrictions and propriety, designate their testimony as "Confidential" either at the deposition or in writing to the opposing party and reporter within twenty (20) business days of notification by the court reporter that the transcript is ready for review. A non-party deponent retains the right, in accordance with the Federal Rules of ...


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