United States District Court, D. Nevada
TODD L. LEANY, Plaintiff,
ZURICH AMERICAN INSURANCE COMPANY, a New York corporation, Defendant. ZURICH AMERICAN INSURANCE COMPANY, Counterclaimant,
TODD L. LEANY, CounterDefendant.
E. Vigil, Maria A. Gall, Joseph P. Sakai, Ballard Spahr LLP
Attorneys for Defendant and Counter-Claimant Zurich American
BALLARD SPAHR LLP, Joseph P. Sakai Abran E. Vigil, Maria A.
Gall, Joseph P. Sakai Attorneys for Defendant/Counterclaimant
Zurich American Insurance Company
ALBRIGHT, STODDARD, WARNICK & ALBRIGHT, William H.
Stoddard, Jr. D. Chris Albright, Esq., William H. Stoddard,
Jr., Esq. South Rancho Drive, Attorneys for
Plaintiff/Counter- Defendant Todd L. Leany
STIPULATED PROTECTIVE ORDER
parties to this action, by their respective counsel, having
agreed to the following, and for good cause shown, IT IS
HEREBY ORDERED as follows:
PURPOSE AND LIMITATIONS.
and discovery activity in this action may involve production
of confidential, proprietary, or private information for
which special protection from public disclosure may be
warranted. The parties acknowledge that this Order does not
confer blanket protections on all disclosures or responses to
discovery and that the protection it affords extends only to
the limited information or items that are entitled under law
to treatment as confidential.
documents produced in the course of discovery, all responses
to discovery requests, and all deposition testimony and
exhibits and any other materials which may be subject to
discovery, including subpoenaed documents (hereinafter
collectively “documents”), shall be subject to
this stipulated protective order concerning confidential
information as set forth below. Any party, or any third party
who produces documents in this litigation, may designate
documents as CONFIDENTIAL but only after review of the
documents by an attorney who has, in good faith, determined
that the documents contain “Confidential Information,
” as defined below, and pursuant to the procedure set
Information” shall mean any information, testimony,
document, or thing that contains confidential or proprietary
information, such as trade secret, financial information, or
commercial information concerning a business's customers,
vendors, personnel and operations. Nothing in this paragraph
shall be construed as an exclusion of any other material from
the definition of “Confidential Information.”
Information does not include information that: (a) is in the
public domain at the time of disclosure; (b) becomes part of
the public domain through no fault of the Receiving Party;
(c) the Receiving Party can show was in its rightful and
lawful possession at the time of disclosure; or (d) the
Receiving Party lawfully receives from a Non-Party later
without restriction as to disclosure.
any party to this action and attorney(s) of record for a
Party in this action, including their associates, paralegals,
and support/clerical staff.
any individual, corporation, association, or natural person
or entity other than a Party.
Material: any disclosure or discovery material that is
designated by a Party or Non-Party as “CONFIDENTIAL,
” unless the Receiving Party challenges the
confidentiality designation and (a) the Court decides such
material is not entitled to protection as confidential; (b)
the Designating Party fails to apply to the Court for an
order designating the material confidential within the time
period specified in Section 9 below; or (c) the Designating
Party withdraws its confidentiality designation in writing.
Party: a Party or Non-Party that produces disclosures or
discovery material in this action.
Party: a Party that receives disclosures or discovery
material from a Producing Party.
Party: a Party or Non-Party that designates information
or items that it produces in disclosures or in responses to
discovery as Protected Material. The Party or Non-Party
designating information or items as Protected Material bears
the burden of establishing good cause for the confidentiality
of all such items.
Party: a party that elects to initiate a challenge to a
Designating Party's confidentiality designation.
the arbitration between Zurich American Insurance Company, as
claimant, and Century Steel, Inc., as respondent, currently
pending before the American Arbitration Association as Case
the arbitrators appointed to the Arbitration, Richard J.
Collier, Esq., Thomas G. Ryan, Esq., and William C. Turner,
Esq., and any further arbitrator that may be appointed in the
FORM AND ...