United States District Court, D. Nevada
ROBERT ELIASON, an individual and in his official capacity as Constable of North Las Vegas Township, Plaintiff,
CLARK COUNTY, a political subdivision of the State of Nevada; STATE OF NEVADA ex rel NEVADA COMMISSION ON PEACE OFFICER STANDARDS & TRAINING, a regulatory agency of the State of Nevada, Defendants.
FEARS & SCHUTTERT| LLP KELLY A. EVANS, ESQ. CHAD R.
FEARS, ESQ. And ASHCRAFT & BARR | LLP JEFFREY F. BARR,
ESQ. Attorneys for Plaintiff Robert Eliason
CANNON, GORMLEY, ANGULO & STOBERSKI THOMAS D. DILLARD,
JR., ESQ. Attorneys for Defendant Clark County
P. LAXALT, ATTORNEY GENERAL MICHAEL D. JENSEN, ESQ. Attorneys
for Defendant State of Nevada ex rel. Nevada Commission on
Peace Officers Standards and Training
STIPULATED PROTECTIVE ORDER
PURPOSES AND LIMITATIONS
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.
Order does not confer blanket protections on all disclosures
or responses to discovery and 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. As set forth
below, this Protective Order does not entitle the Parties to
file confidential information under seal; LR IA 10-5 sets
forth the procedures that must be followed when a party seeks
permission from the Court to file material under seal.
information protected by this Protective Order is
“declared by law to be confidential” for purposes
of NRS ch. 239 and shall not be disclosed pursuant to any
public records request or Freedom of Information Act request
or any other such statute, law, or regulation.
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
“CONFIDENTIAL.” 2.3 Disclosure or Discovery
Material: all items or information, regardless of the
medium or manner in which it is generated, stored, or
maintained (including, among other things, testimony,
transcripts, and tangible things), that are produced or
generated in disclosures or responses to discovery in this
Expert: a person with specialized knowledge or
experience in a matter pertinent to the litigation who (1)
has been retained by a Party or its counsel to serve as an
expert witness or as a consultant in this action; (2) is not
a current employee of a Party; and (3) at the time of
retention, is not anticipated to become an employee of a
Party or of a Party's competitor. This definition
includes a professional jury or trial consultant retained in
connection with this litigation.
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Information or Items: extremely sensitive employment,
educational, and health information or Items, disclosure of
which to another Party or Non-Party requires a high level of
protection due to significant privacy interests of the
Designating Party. HIGHLY CONFIDENTIAL - ATTORNEYS' EYES
ONLY Information or Items include any documents or
information prohibited from disclosure by statute, including
but not limited to FERPA and HIPPAA in the possession,
custody, or control of any Party or Non-Party.
CONFIDENTIAL - ATTORNEYS' EYES ONLY Information or Items
may be disclosed to two representatives of a Receiving Party
designated in advance, provided that such Receiving Party
representative execute an Acknowledgement and Agreement to Be
Bound in substantially the form of Exhibit A to this Order.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: attorneys who are not
employees of a party to this action but are retained to
represent or advise a party to this action and have appeared
in this action on behalf of that party or are affiliated with
a law firm which has appeared on behalf of that party.
Party: any party to this action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this action.
Professional Vendors: persons or entities that
provide litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
Protected Material: any Disclosure or Discovery
Material that is designated as “HIGHLY CONFIDENTIAL -
ATTORNEYS' EYES ONLY.” 2.2 Receiving
Party: a Party that receives Disclosure or Discovery
Material from a Producing Party.
protections conferred by this Order cover not only Protected
Material (as defined above), but also any information copied
or extracted from Protected Material; all copies, excerpts,
summaries, or compilations of Protected Material; and any
testimony, conversations, or presentations by Parties or
their Counsel that might reveal Protected Material. However,
the protections conferred by this Order do not cover the
following information: (a) any information that is in the
public domain at the time of disclosure to a Receiving Party
or becomes part of the public domain after its disclosure to
a Receiving Party as a result of publication not involving a
violation of this Order, including becoming part of the
public record through trial or otherwise; and (b) any
information known to the Receiving Party prior to the
disclosure or obtained by the Receiving Party after the
disclosure from a ...