United States District Court, D. Nevada
BOSTON DENTAL GROUP, LLC, a Nevada limited liability company, Plaintiff,
v.
AFFORDABLE CARE, LLC, a North Carolina limited liability company, Defendant. AFFORDABLE CARE, LLC, a North Carolina limited liability company, Counterclaimant,
v.
BOSTON DENTAL GROUP, LLC, a Nevada limited liability company, Counterdefendant.
KOLESAR & LEATHAM Scott R. Cook, ESQ Nevada Bar No.
005265 Jonathan D. Blum, Esq. Nevada Bar No. 009515 -and-
SCOTT J. SLAVICK, ESQ. (IL Bar No. 6256681) - Pro Hac Vice
SHARON E. CALHOUN, ESQ. (IL Bar No. 6294212) - Pro Hac Vice
BARACK FERRAZZANO KIRSCHBAUM & NAGELBERG LLP Attorneys
for Defendant/Counterclaimant Affordable Care, LLC
MICHAEL R. MUSHKIN & ASSOCIATES P.C. MICHAEL R. MUSHKIN,
ESQ. Nevada Bar No. 002421 Mark Borghese, Esq. Nevada Bar No.
006231 BORGHESE LEGAL, LTD. Las Vegas, Nevada 89145 Attorneys
for Plaintiff/Counter Defendant Boston Dental Group, LLC
STIPULATED PROTECTIVE ORDER
BOSTON
DENTAL GROUP, LLC and AFFORDABLE CARE, LLC (collectively, the
"PARTIES"), through their respective counsel and
subject to the Court's approval, hereby stipulate and
agree as follows, pursuant to Fed.R.Civ.P. 26(c), for the
purpose of facilitating the exchange of documents and
information without involving the Court unnecessarily in the
process.
IT is
STIPULATED AND AGREED by and between the PARTIES, acting
through their counsel as follows:
1. This
Protective Order shall apply to all documents, materials, and
information, including, without limitation, documents
disclosed or produced, answers to interrogatories, responses
to requests for admission, deposition testimony, and other
information disclosed pursuant to the disclosure or discovery
duties created by the Federal Rules of Civil Procedure.
2. As
used in this Protective Order, "document" is
defined as set forth in Rule 34(a)(1)(A) of the Federal Rules
of Civil Procedure. A draft or non-identical copy is a
separate document within the meaning of this term.
3. In
order to be protected under this Protective Order, a party to
the above-captioned action (the "Action"), or a
third party responding to a subpoena issued in connection
with this Action, must designate information as
"CONFIDENTIAL INFORMATION" or "ATTORNEYS'
EYES ONLY INFORMATION."
4. As
used herein, CONFIDENTIAL INFORMATION shall include
information and documents in whatever format any party or
third party disclosing information or documents in this
Action (a "Disclosing Party") reasonably believes
contains or discloses the Disclosing Party's financial,
personnel, proprietary, confidential, or competitively
sensitive information; trade secrets; or other sensitive or
currently valuable information that is (a) unavailable to the
public, (b) not readily determinable from public sources, (c)
generally treated as confidential by the Disclosing Party,
and (d) of such a nature that its disclosure reasonably could
have an adverse impact on the Disclosing Party.
5. As
used herein, ATTORNEYS' EYES ONLY INFORMATION shall mean
that CONFIDENTIAL INFORMATION containing information that, in
the good faith determination of the Disclosing Party, is of
such a nature that identifiable harm may result to the
Disclosing Party or any other individual or entity other than
the Receiving Party, whether a party or a nonparty to this
Action, if that CONFIDENTIAL INFORMATION is disclosed to the
other party to this Action.
6. A
Disclosing Party shall make such designations only as to
materials or testimony that the Disclosing Party believes in
good faith contains CONFIDENTIAL INFORMATION or
ATTORNEYS' EYES ONLY INFORMATION. The failure of any
party receiving the CONFIDENTIAL INFORMATION or
ATTORNEYS' EYES ONLY INFORMATION (a "Receiving
Party") to object to the designation as to any material
or testimony shall not be deemed the Receiving Party's
admission that such material or testimony constitutes
confidential material or is otherwise properly protectable
under Fed.R.Civ.P. 26(c), or result in a waiver of any
privilege or protection, including, without limitation, the
attorney-client privilege, that may apply to such material or
testimony. CONFIDENTIAL INFORMATION and ATTORNEYS' EYES
ONLY INFORMATION shall be used by the Receiving Party solely
for the purpose of conducting this litigation, pursuant to
the terms and conditions of this Protective Order, and not
for any other purpose whatsoever.
7.
CONFIDENTIAL INFORMATION, other than that CONFIDENTIAL
INFORMATION containing information designated as
ATTORNEYS' EYES ONLY INFORMATION, without the consent of
the Disclosing Party or further Order of the Court, may be
disclosed to the following persons only:
a. Attorneys actively working on this Action and the
partners, associates, legal assistants, or other employees of
such attorneys assisting in the prosecution or defense of the
Action;
b. The parties;
c. The Court, including court personnel, court reporters, and
persons operating video recording equipment at depositions in
the Action (collectively, "Court Personnel");
d. Deponents, trial witnesses, or potential witnesses, if
furnished, shown, or disclosed in accordance with Paragraph
10;
e. Expert witnesses or consultants (and their employees),
employed or retained by any party or that party's counsel
for the purpose of assisting counsel in the investigation,
prosecution, or defense of claims in the Action, provided
that such information is furnished, shown, or disclosed in
accordance with Paragraph 10;
f. Any mediator in the Action; and
g. Other persons by written agreement of the parties or by
court order.
8.
Except with the prior written consent of the Disclosing Party
or by court order, ATTORNEYS' EYES ONLY INFORMATION shall
not be furnished, shown, or disclosed to any person or
entity, including directors, officers, or other employees of
the Receiving Party, as applicable, except to:
a. Attorneys actively working on the Action and the partners,
associates, legal assistants, or other employees of such
attorneys assisting in the prosecution or defense of the
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