United States District Court, D. Nevada
JOHN F. KOCIENSKI, Plaintiff,
NRT TECHNOLOGIES, INC., Defendant.
OFFICES OF DANIEL MARKS Daniel Marks, Esq. Attorney for
WEST ALLEN, ROBERT L. ROSENTHAL, HOWARD & HOWARD
ATTORNEYS PLLC Attorneys for Defendant NRT Technology, Inc.
STIPULATED PROTECTIVE ORDER
to Federal Rule of Civil Procedure 26(c), the Parties, John
Kocienski ("Plaintiff) and NRT Technologies, Inc.
("Defendant") submit this proposed Stipulated
Protective Order for the purpose of ensuring that
confidential information exchanged in discovery and possibly
submitted by the Parties in the above-referenced case is not
disclosed to or used for any purpose outside of the
the course of this case, documents and information considered
confidential and/or sensitive by at least one of the Parties
may be disclosed, including but not limited to employment
records and/or information related to current and former
employees and third-party individuals who are not parties to
this litigation, personal identifying information for said
nonparties, commercial, financial or other business
proprietary information, and medical records.
Parties agree that a Protective Order is necessary in light
of the need to protect confidential commercial, financial and
proprietary information from public disclosure, the fact that
the disclosure of confidential employment records and related
information would potentially subject the Parties to
liability from claims by such non-party employees, former
employees, and/or third-party individuals, the disclosure of
the confidential employment records of nonparty employees,
former employees, and third-party individuals could harm such
individuals, interfere with other job opportunities or
relationships, impact their reputation, and cause them undue
embarrassment and/or distress, the obligation to protect the
confidential employment records of non-party individuals, and
due to the sensitive nature of confidential investigations,
the disclosure of which could harm the employees, former
employees, or third-party individuals.
these reasons, the Parties hereby stipulate, subject to
approval and entry by the Court, to the following:
Definitions and Terms
"Confidential Information" means any document,
information, or material, which the producing party or
protected person reasonably believes not to be in the public
domain and reasonably believes contains proprietary or
confidential information, or information to which an
individual or company has an established and legitimate right
to privacy or confidentiality, including any document,
information, or material contained in any personnel file,
medical records, confidential records, corporate records,
financial records, donor lists, commercial or trade secret
information of a sensitive and/or proprietary nature,
competitive information and income tax records or
"Disclosed" is used in its broadest sense and
includes, inter alia, directly or indirectly shown,
divulged, revealed, produced, described, transmitted or
otherwise communicated, in whole or in part.
"Discovery Material(s)" means any Confidential
Information presented in documents, answers to
interrogatories, responses to requests for admission,
deposition testimony, deposition transcripts and exhibits,
other responses to requests for information and/or written
information, whether produced voluntarily or involuntarily,
in response to discovery requests in this litigation by any
"Document" is defined as the term is used in
Federal Rule of Civil Procedure 34.
"Under seal" is defined as sealing confidential
documents consistent with the procedure laid out by Local
Rule 10-5 and the Court's electronic filing procedures.
In the event that the Court publishes a new procedure for the
filing of documents under seal, the Parties may follow said
Types of Mater hi Is that May
be Designated as Confidential
Discovery Material, as defined above, may be designated by a
producing party as Confidential under this Order. The
assertion of this designation of "Confidential"
shall constitute a representation to the Court that counsel
for the producing party or protected person believes in good
faith that the material so designated constitutes
Confidential Information as defined in this Order. Except
with the prior written consent of the producing party or by
court order or as otherwise compelled by force ...