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MPower Systems India (Pvt) Ltd. v. Articmaster Inc.

United States District Court, D. Nevada

January 24, 2017

MPOWER SYSTEMS INDIA (PVT) LTD., an Indian corporation; and UNION POWER TECHNICAL SERVICES LLC, a UAE limited liability company, Plaintiffs,
v.
ARTICMASTER INC., a Nevada corporation, Defendant. ARTICMASTER INC., Counter-Plaintiff,
v.
MPOWER SYSTEMS INDIA PVT LTD; and UNION POWER TECHNICAL SERVICES LLC; DOES 1 to 10; and ROE CORPORATION 11 to 20, inclusive. Counter-Defendants.

          Joseph G. Went, Esq., Susan M. Schwartz, Esq., Attorneys for Plaintiffs MPower Systems India (PVT) LTD and Union Power Technical Services LLC.

          Nick A. Urick, Esq. Law of Office of Nickolas A. Urick, Attorney for Defendant Articmaster, Inc.

          STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

         IT IS HEREBY STIPULATED, AGREED AND UNDERSTOOD by Plaintiffs/Counterdefendants MPower Systems India (PVT) LTD, an Indian corporation (“Mpower”) and Union Power Technical Services LLC, a UAE limited liability company (“Union Power”) (together with Mpower, the “Plaintiffs”), and Defendant/Counterclaimant Articmaster Inc., a Nevada corporation (“Articmaster” or “Defendant”) (collectively with Plaintiffs, the “Parties”) that the handling of confidential material in these proceedings shall be governed by the provisions set forth below:

         1. Discovery in the above-entitled action may involve documents or information of a proprietary and non-public nature, which the parties consider to be confidential or highly confidential.

         2. Pursuant to FRCP 26(c), good cause exists for the issuance of a protective order governing the handling of certain documents and information.

         3. This Order shall be applicable to and govern all confidential or highly confidential information in any form (including without limitation information contained in or on any tangible thing) produced or disclosed by or on behalf of any party to this litigation, in connection with this Action.

         4. The following definitions shall apply:

a. “CONFIDENTIAL INFORMATION” shall mean documents or information designated as “CONFIDENTIAL” by a Producing Party, who in good faith believes the documents or information constitutes or includes proprietary or non-public information that (i) is used by the party in, or pertaining to, its business; (ii) is not generally known by the general public; and (iii) the party normally would not reveal to third parties or, if disclosed, would require such third parties to maintain in confidence.
b. “HIGHLY CONFIDENTIAL INFORMATION” shall mean documents or information designated thereon as “HIGHLY CONFIDENTIAL” by a Producing Party. This designation will be limited to those documents containing non-public personal financial or investment information and current business documents setting forth highly sensitive proprietary business information, including, but not limited to, margins, costs, revenues, profits, projections, sales, and marketing information associated with current and future business plans. This category of documents is reserved for a very select group of documents and information and may only be used for that group of documents that have not been disclosed to the public and that, if disclosed, may cause irreparable harm or damage to a Producing Party. Such documents are to be viewed only by a Receiving Party's counsel and are not to be shared with counsel's clients or others not within the scope of counsel's duties as they pertain to the above captioned matter.
c. “Producing Party” shall mean the parties, person or entity producing CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION or giving testimony in this Action regarding or relating to CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION which has been designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL subject to this Protective Order.
d. “Recipient” or “Receiving Party” shall mean the party, person or entity who has agreed in writing to be subject to this Protective Order to whom the Producing Party makes available CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION. Recipient shall include those persons or entities identified in Paragraph 8 of this Stipulated Protective Order.
e. “Disclose” shall mean the transfer or delivery to a party, person or entity of the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION, permitting the inspection or review of the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION, or communicating the contents of the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION.

         5. CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION shall be used by the parties in this Action solely for the purpose of this Action, and not for any other purpose whatsoever.

         6. It is the intention of the parties that the designation of documents or information as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” be used narrowly, and with the most limited use possible.

         7. The designation of “CONFIDENTIAL INFORMATION” or “HIGHLY CONFIDENTIAL INFORMATION” shall constitute a representation that such document or information has been reviewed by an attorney for the Producing Party and that there is a good faith belief that such document contains confidential or highly sensitive business, financial, or technical information of the Producing Party.

         8. Information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL, ” and any copies, excerpts or summaries thereof, and any further information derived therefrom, shall not be revealed, disclosed or otherwise made known to persons other than those specified below or in any manner other than as specified below:

a. The Court-Any party may disclose and submit CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION to the Court, including all persons employed by the Court. Any CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION, and information derived therefrom, which are filed with the Court shall be filed in accordance with Paragraph 12 of this Stipulated Protective Order.
b. Outside Counsel-CONFIDENTIAL INFORMATION and HIGHLY CONFIDENTIAL INFORMATION may be disclosed to outside counsel for the parties in this action, including counsel's employees and outside ...

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