United States District Court, D. Nevada
T. Wendland, Esq. (Nevada Bar No. 7207) Weil & Drage, APC
Attorneys for Plaintiff, DeMARLO BERRY
Brustin, Esq. (New York Bar No. 2844405) Emma Freudenberger,
Esq. (New York Bar No. 4624045) Len Kamdang, Esq. (New York
Bar No. 4345179) Admitted Pro Hac Vice NEUFELD SCHECK &
C. Coburn, Esq. (Utah Bar No. 00688) Steven H. Bergman, Esq.
(Utah Bar No. 13641) Samantha E. Wilcox, Esq. (Utah Bar No.
15284) Being Admitted Pro Hac Vice Application Pending
RICHARDS BRANDT MILLER NELSON
R. Anderson, Esq Nevada Bar No. 6882 Kathleen A. Wilde, Esq.
Nevada Bar No. 12522 10001 Park Run Drive Las Vegas, NV 89145
Attorneys for Las Vegas Metropolitan Police Department, Ofc.
Karen Good, Ofc. Norman Ziola, Ofc. Greg Jolley, and Ofc.
W. Freeman, Jr. Esq. Nevada Bar No. 3062 Eunice M. Beattie,
Esq. Nevada Bar No. 14198 Attorney for Defendant Clark County
L. Bashor Nevada Bar No. 11913 Attorney for Defendant Clark
STIPULATED PROTECTIVE ORDER
J. KOPPE UNITED STATES MAGISTRATE JUDGE
NOW, the parties, by and through their undersigned counsel of
record and hereby stipulate and submit this Proposed
Protective Order which will govern the handling of
confidential discovery in this case.
the parties have agreed to the relief requested herein.
discovery in this case will require the disclosure of
confidential documents and related information including, but
not limited to private medical, personal and financial
information and records of Plaintiff DeMarlo Berry.
Accordingly, good cause having been shown:
the purposes of this Order, "Confidential
Information" shall mean any documents, evidence,
testimony, materials or other information, whether written or
oral, exchanged, revealed or presented in these proceedings,
designated in good faith as "Confidential" by
either party. The Court declines to allow confidentiality
designations based on broad categories of documents. Instead,
a confidentiality designation may be made if there is a good
faith basis grounded on the particular information at issue
for each document. Documents and information shall not be
designated Confidential Information to the extent they are
otherwise publicly available.
Confidential Information supplied by the parties shall be
reviewed only by the parties in this litigation, attorneys
and their supervisors as well as secretaries, investigators,
paralegals, interns, staff, consultants, witnesses, any
experts retained by the parties for purposes of this case and
others by written consent of the parties or order by the
court. Confidential Information supplied by the parties shall
not be reviewed by or disclosed to any other persons not
associated with this case and shall not otherwise be
disclosed in any way that is inconsistent with the terms of
3. If a
party believes that any pleading, exhibit, deposition
transcript, document or other written material to be produced
by that party contains Confidential Information, the party
shall either stamp each page containing such information as
"Confidential" or designate such documents as
"Confidential" by bates number in a writing
directed to the opposing party's counsel. The inadvertent
failure of a party to mark or designate information or
testimony as Confidential at the time of its production or
utterance shall not constitute a waiver of the protections
provided herein, so long as said oversight is recognized and
rectified in a reasonably ...