United States District Court, D. Nevada
MEDCHOICE RISK RETENTION GROUP, INC. Plaintiff,
ROBERT G. RAND. M.D.. and RAND FAMILY CARE LLC Defendant.
O'CONNOR Shauna Martin Ehlert Michael W. Melendez
Attorneys for Plaintiff.
& WESTBROOK Victor Alan Perry Attorney for Defendants.
STIPULATED MOTION FOR PROTECTIVE ORDER
to Federal Rule of Civil Procedure 26, Plaintiff MedChoice
Risk Retention Group, Inc. ("MedChoice"'), and
Defendants Robert G. Rand, M.D. and Rand Family Care LLC
(collectively "Rand") (collectively, MedChoice and
Rand are referred to herein as the "Parties";
individually each may be referred to as a "Parly")
deem it appropriate to limit the disclosure of certain
confidential information, as set forth below, and MedChoice
and Rand, by counsel, have stipulated and agreed to give
effect to the stipulations set forth below.
HEREBY ORDERED THAT:
Purposes and Limitations.
Disclosure and discovery activity in this Action is likely to
involve production of confidential, proprietary, or private
information for which special protection is warranted from:
disclosure to the "Underlying Plaintiffs" (and
their counsel) in the "Underlying Actions:"
Cyndi Papez Yenick v. Robert Rand, M.D., et al.,
Washoe County District Court Case No. CV-16-01004 (the
"Yenick Lawsuit"); and/or
Eric Zuhlke v. Robert Rand. M.D., et al., Washoe
County District Court Case No. CV16-01641 (the "Zuhlke
Don Robertson, II, v. Robert Rand. M.D.; Rand Family
Care, Washoe County District Court, Case No. CV 17-0099
(the "Fribourg Lawsuit")
the Yenick Lawsuit, the Zuhlke Lawsuit, and the Fribourg
Lawsuit are referred to herein as the "Underlying
Actions"; each of the Plaintiffs in the Underlying
Actions may be referred to as "Underlying
for any purpose other than this litigation.
Parties therefore stipulate to and request entry of this
Protective Order (the "Order") by the Court. The
Parties acknowledge that this Order does not confer blanket
protections on all disclosures or responses to discovery and
that the protection it affords extends only to the limited
information or items that are entitled under the applicable
legal principles to treatment as confidential. The Parties
further acknowledge that this Order does not allow any Party
to file anything under seal. The applicable rules, including
Federal Rule of Civil Procedure 5.2 and LR 1A 10-5 set forth
the procedures that must be followed and reflect the
standards and procedures that will be applied when a Party
seeks leave to file material under seal.
Discovery Material. Documents, discovery responses,
including interrogatory responses, responses to requests for
admission, etc., deposition testimony, photographs,
videotapes, data and other materials, or portions thereof,
produced in discovery in this Action by any of the Parties
(the "Producing Party") may be designated as
"Confidential" if the Producing Party reasonably
and in good faith believes they contain confidential
commercial, personal, financial, or proprietary information,
medical records, or other confidential information not
already part of the public domain, including all ...