United States District Court, D. Nevada
DREW BRANDON RUBALCAVA, individually; CASSANDRA RUBALCAVA, individually; DREW BRANDON RUBALCAVA, as parent and natural guardian of A.R., a minor; DREW BRANDON RUBALCAVA, as parent and natural guardian of K.R., a minor; DREW BRANDON RUBALCAVA, as parent and natural guardian of J.R., a minor; DREW BRANDON RUBALCAVA, as parent and natural guardian of T.R., a minor; DREW BRANDON RUBALCAVA, as parent and natural guardian of R.R., a minor; Plaintiffs,
DARYLL PHILLIPS aka DARYELL PHILLIPS, individually; C & D ENTERPRISES, LLC., a foreign limited liability company; HOLLAND ENTERPRISES, INC., a foreign corporation; DOES I through X; and ROE BUSINESS ENTITIES XI through XX, inclusive, Defendants.
LAW FIRM AMANDA L. LAUB, ESQ. Attorneys for Plaintiffs
WEINBERG, WHEELER, HUDGINS, GUNN & DIAL, LLC. JEREMY R.
ALBERTS, ESQ., RYAN S. SALDANHA, ESQ. Attorneys for
Defendants C & D Enterprises, LLC. Holland Enterprises,
STIPULATION FOR 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. Specifically
protecting the identity of the minor children involved by not
revealing their full first names, and referring to each by
their initials. 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 in Section 12.3, below,
that this Stipulated Protective Order does not entitle them
to file confidential information under seal; Local Rules of
Practice, United States District Court, District of Nevada
(“LRIA”) LR IA 10-5 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
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
"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).
Counsel: Outside Counsel of Record and House Counsel
(as well as their support staff).
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
"CONFIDENTIAL." 2.5 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 has
been retained by a Party or its counsel to serve as an expert
witness or as a consultant in this action.
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.
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, insurers, claims handlers, and Outside Counsel of
Record (and their support staffs).
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 0 (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 14 "CONFIDENTIAL."
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
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. However, the protections conferred by
this Stipulation and 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 source who
obtained the information lawfully and under no obligation of
confidentiality to the Designating Party. Any use of
Protected Material at trial shall be governed by a separate
agreement or order.
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.
DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating Material
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.
comes to a Designating Party's attention that information
or items that it designated for protection do not qualify for
protection, that Designating Party must promptly notify all