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Whittum v. NPAS Solutions, LLC

United States District Court, D. Nevada

September 4, 2019

LEISA WHITTUM, and all similarly situated individuals, Plaintiff,
v.
NPAS SOLUTIONS, LLC, Defendant.

          Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 KNEPPER & CLARK LLC, David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC

          HAINES & KRIEGER LLC David H. Krieger, Esq. Counsel for Plaintiff

          SPENCER FANE LLP John H. Mowbray, Esq. Nevada Bar No. 1140 Mary E. Bacon, Esq. Nevada Bar No. 12686 Counsel for Defendant NPAS Solutions, LLC

          [PROPOSED] STIPULATED PROTECTIVE ORDER

         Plaintiff Leisa Whittum (“Plaintiff”)[1] and Defendant NPAS Solutions, LLC (“Defendant”), through their respective attorneys of record, hereby file this Stipulated Protective Order as set forth below:

         1. PURPOSES AND LIMITATIONS

         Discovery in this action is 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 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. The parties further acknowledge, as set forth Section 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 16-1 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal.

         This action is likely to involve confidential personal health information protected by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and state privacy laws, trade secrets, commercial and/or proprietary or personal information for which special protection from public disclosure and from use for any purpose other than prosecution of this action is warranted. Such confidential and proprietary materials and information consist of, among other things, confidential business or financial information, information regarding confidential business practices, or other confidential research, development, or commercial information (including information implicating privacy rights of third parties), patient records, medical data, sensitive personal or financial information, and information otherwise generally unavailable to the public, or which may be privileged or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the parties are permitted reasonable necessary uses of such material in preparation for and in the conduct of trial, to address their handling at the end of the litigation, and serve the ends of justice, a protective order for such information is justified in this matter. It is the intent of the parties that information will not be designated as confidential for tactical reasons and that nothing be so designated without a good faith belief that it has been maintained in a confidential, non-public manner, and there is good cause why it should not be part of the public record of this case.

         2. DEFINITIONS

         2.1 Action: Whittum v. NPAS Solutions, LLC, No. 2:19-cv-00877-JAD-EJY (D. Nev.).

         2.2 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.

         2.3 “CONFIDENTIAL HEALTH INFORMATION” or “CONFIDENTIAL PATIENT INFORMATION”: without regard to whether the material has been designated “CONFIDENTIAL HEALTH INFORMATION” or “CONFIDENTIAL PATIENT INFORMATION, ” any document or information supplied that identifies an individual or subscriber in any manner and relates to the past, present, or future provision of health care or payment for the provision of health care to such individual or subscriber. The term “CONFIDENTIAL HEALTH INFORMATION” or “CONFIDENTIAL PATIENT INFORMATION” specifically includes “protected health information” as that term is defined by the Standards for Privacy of Individually Identifiable Health Information, 45 C.F.R. parts 160 and 164, promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (see 45 C.F.R. section 164.501 (“protected health information”)) and section 160.103 (“individually identifiable health information”)) and such information protected by privacy statutes, rules, regulations and common law principles promulgated under California law, and includes but is not limited to: names; names of relatives and/or employers; addresses and/or geocodes; birth dates; medical record numbers; account numbers and/or health plan beneficiary numbers; telephone numbers; fax numbers; email addresses; social security numbers; Internet Protocol addresses; Finger or voice prints; Photographs; and/or other unique identifying characteristics or codes. “CONFIDENTIAL HEALTH INFORMATION” or “CONFIDENTIAL PATIENT INFORMATION” includes all notes, summaries, compilations, extracts, abstracts, or oral communications that contain, are based on, or are derived from CONFIDENTIAL HEALTH INFORMATION. In the event that a document or information contains more than one category of Confidential material, that document or information shall be governed by the provisions of this Order which afford the greatest protection. This order applies to all covered entities.

         2.4 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement.

         2.5 Counsel: Outside Counsel of Record and House Counsel (as well as their support staff).

         2.6 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.7 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 matter.

         2.8 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this Action.

         2.9 House Counsel: attorneys who are employees of a party to this Action. House Counsel does not include Outside Counsel of Record or any other outside counsel.

         2.10 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

         2.11 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, and includes support staff.

         2.12 Party: any party to this Action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs).

         2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this Action.

         2.14 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 subcontractors.

         2.15 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL, ” or that otherwise contains CONFIDENTIAL HEALTH INFORMATION or CONFIDENTIAL PATIENT INFORMATION.

         2.16 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

         3. SCOPE

         The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

         All CONFIDENTIAL HEALTH INFORMATION or CONFIDENTIAL PATIENT INFORMATION produced or disclosed in the Action shall be used solely for the prosecution or defense (including any appeal therefrom) of the Action, and shall not be used for any other purpose.

         Any use of Protected Material at trial shall be governed by a separate agreement or order. This Order does not govern the use of Protected Material at trial.

         4. DURATION

         Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law.

         5. DESIGNATING PROTECTED MATERIAL

         5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 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. The Designating Party must designate for protection only those parts of material, documents, items, or oral or written communications that qualify so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order.

         Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case development process or to impose unnecessary ...


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