United States District Court, D. Nevada
JAMES CURREY, SR., J.C., a minor by and through his guardian ad litem JAMES CURREY; EMERIO RIVERA, AMALIA RIVERA, J.R.R.C, a minor by and through his guardian ad litem DENISE RIVERA; ROBERT PITTS, REBECCA PITTS, and K.B.P. a minor, by and through her guardian ad litem, REBECCA PITTS, Plaintiffs,
CARSON CITY SCHOOL DISTRICT; LEE CONLEY; SUSAN MOULDEN; JAN ALBERTSON; VALENTINA MIDBOE; JENNIFER PALMER; TRAVIS LEE; CARL! BIANCHI and DOES 1-30; Defendants.
WILLIAM F. HECKMAN, SBN 3072 THE LAW OFFICES OF WILLIAM F.
HECKMAN, APC TODD BOLEY, SBN 64119 LAW OFFICES OF TODD BOLEY
Attorneys for Plaintiffs.
D. DURNEY, ESQ. DURNEY & BRENNAN, LTD.
CONFIDENTIALITY AGREEMENT AND PROTECTIVE
to the Stipulation contained herein by and among counsel for
Plaintiffs and counsel for Defendants, the Court hereby finds
and discovery activity in this action are likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any purpose other than
prosecuting this litigation may be warranted. Accordingly,
the parties hereby stipulate to and petition the court to
enter the following Stipulated Protective Order. The parties
acknowledge that this Order does not confer blanket
protections on all disclosures or responses to discovery, or
any categories of information not specifically addressed
herein, and that the protection it affords from public
disclosure and use extends only to the limited information or
items that are entitled to confidential treatment under the
applicable legal principles, and designated
"confidential" as described herein. The parties
further acknowledge, as set forth further below, that this
Stipulated Protective Order does not entitle them to file
confidential information under seal or otherwise change
Federal or Local rules, procedures, and standards to be
applied when a party seeks permission from the court to file
material under seal.
"Litigation" shall mean the above-captioned case,
filed in the United States District Court, District of Nevada
Case No. 3:17-cv-00386-HDM~WGC.
"Documents" or "Information" shall mean
and include any documents or portions thereof, or information
extracted therefrom, (whether in hard copy or electronic
form), records, correspondence, analyses, assessments,
statements (financial or otherwise), responses to discovery,
tangible articles or things, whether documentary or oral, and
other information provided, served, disclosed, filed, or
produced, whether voluntarily or through discovery or other
means, in connection with this Litigation. A draft or
non-identical copy is a separate document within the meaning
of these terms.
"Party" (or "Parties") shall mean one
party (or all parties) in this Litigation and their in-house
and outside counsel. "Producing Party" shall mean
any person or entity who provides, serves, discloses, files,
or produces any Documents or Information. "Receiving
Party" shall mean any person or entity who receives any
such Documents or Information.
Party may designate any document, object, file, photograph,
video, tangible thing, interrogatory answers, answers to
requests for admissions, testimony, or other material or
copies thereof (collectively, the "Discovery
Material") as "Confidential Information" or
following a good faith determination that the information so
designated is or may reveal confidential, or proprietary
OF RESTRAINT AND CARE IN DESIGNATING MATERIAL FOR
Party or Non-Party that designates information or items for
protection under this Order must take care to limit any such
designation to specific material that qualifies under the
appropriate standards. Indiscriminate or routinized
designations are prohibited.
AND TIMING OF DESIGNATIONS
CONFIDENTIAL Documents shall be so designated prior to their
production by marking or stamping each page of the Document
produced to or received from a Party with the legend
"CONFIDENTIAL." The application of the legend must
be made in a manner so as not to render the documents
illegible, illegible after photocopying, or incapable of
being subjected to Optical Scanning Recognition. If only a
portion or portions of the material on a page qualifies for
protection, the Producing Party also must clearly identify
the protected portion(s) (e.g., by making appropriate
markings in the margins).
Testimony taken at a deposition, or in other pretrial or
trial proceedings, may be designated as CONFIDENTIAL by any
Party making a statement to that effect on the record at the
deposition. Arrangements shall be made with the court
reporter taking and transcribing such deposition to
separately bind such portions of the transcript and
deposition exhibits containing Information designated as
CONFIDENTIAL, and to label such portions appropriately.
Counsel for the Parties may also designate an entire
deposition transcript as CONFIDENTIAL at the time of the
deposition. A party's failure to designate testimony
confidential at the time of deposition shall not constitute
the party's waiver of its right to correct its failure
prior to a date ten business days after the party's
receipt of the transcript, in which case all receiving
parties shall honor the late designation as it would an
inadvertent disclosure pursuant to paragraph 16 below.
information produced in some form other than documentary and
for any other tangible items, that the Producing Party affix
in a prominent place on the exterior of the container or
containers in which the information or item is stored the
legend "CONFIDENTIAL." If only a portion or
portions of the information or item warrant protection, the
Producing Party, to the extent practicable, shall identify
the protected portion(s).
TO AND USE OF PROTECTED MATERIAL
CONFIDENTIAL Information shall be maintained in strict
confidence by the Parties who receive such information, shall
be used solely for the purposes of this ...