United States District Court, D. Nevada
to the stipulation of plaintiff Candy Torres and defendant
Allan Rothstein, and good cause therefor, the Court enters
the following protective order governing the confidentiality
of information produced in discovery in this action.
parties anticipate that discovery in this action may involve
the disclosure or production of private information that may
be entitled to confidentiality protection under Fed.R.Civ.P.
26(c). To facilitate discovery in this action, the Court
hereby issues the following protective order governing the
confidentiality of materials obtain in discovery.
DESIGNATING CONFIDENTIAL INFORMATION
Under this Order, "Confidential Information" is
information that qualifies for protection under Fed. R . Civ.
Information that has been disclosed to the public from any
source or that may be obtained from any publicly available
source does not qualify as Confidential Information under
Application and Timing. This Order applies equally
to the parties to this action as well as any non-party, such
as a person producing records pursuant to a subpoena.
Collectively, a party to this action or non-party is referred
to as a “party” in this Order. Information must
be designated as Confidential Information prior to its
disclosure or production.
How to Designate Information as Confidential. Any
party disclosing or producing information may designate that
information as Confidential Information. To designate
information as Confidential Information, the designating
party must affix to each page or otherwise label an item that
contains the Confidential Information with the following
legend, file name, or stamp: "Confidential,
Subject to Protective Order." No. legend,
watermark, or stamp shall be affixed to a document in a way
that obscures the information contained in the document or
defeats the ability of a party to search the document if
produced or converted into an electronic format.
Designation of Specific Information. If specific
information appears in a document, item or file that
qualifies as Confidential Information, see e.g.,
Fed.R.Civ.P. 5.2(a), then only that portion of the document,
item or file shall be designed as Confidential Information.
To designate specific information as Confidential
Information, the designating party shall affix to each
document page or label each item or file containing the
specific Confidential Information the following legend, file
name, or stamp: "Confidential, Portions Subject
to Protective Order." In the disclosure or
discovery response that accompanies the information so
labeled, the designating party shall identify by document
number or file name the specific portions of that document or
electronic file that are subject to this Order.
Depositions. To designate deposition testimony as
Confidential Information, the party seeking the designation
must indicate on the record before the deposition adjourns
those portions of the transcript that contain Confidential
Information. The portions of a transcript reflecting
testimony that have been designated as Confidential
Information shall be separately bound.
Over-Designation Prohibited. Designation under this
Order is allowed if and only if the designating party
determines in good faith: [a] that the material contains
Confidential Information that warrants protection under
Fed.R.Civ.P. 26(c) and the terms of this Order and [b] that
disclosure of the information to persons other than those
identified in Paragraph 3 would cause a specific,
Continuing duty. Each party has a continuing duty to
assess whether information previously designated as
Confidential Information is properly designated. If a
designating party determines that information was improperly
designated or no longer qualifies as Confidential
Information, then the party shall promptly re-produce that
information omitting the confidentiality legend, file name or
stamp required under Paragraphs 2.4 or 2.5.
DISCLOSURE OF CONFIDENTIAL INFORMATION
Unless otherwise ordered by the Court or permitted in writing
by the designating party, Confidential Information may be