Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Umro Realty Corp. v. The Agency, Inc.

United States District Court, D. Nevada

April 7, 2017

UMRO REALTY CORP d/b/a THE AGENCY, Plaintiff,
v.
THE AGENCY, INC., Defendant.

          KAEMPFER CROWELL Robert McCoy, No. 9121 Joni A. Jamison, No. 11614 Attorneys for Plaintiff Umro Realty Corp d/b/a The Agency

          BARNES & THORNBURG LLP Michael A. Carrillo (pro hac vice) Jonathan P. Froemel (pro hac vice) Genevieve E. Charlton (pro hac vice) Attorneys for Plaintiff

          FISHERBROYLES, LLP Rob Phillips FisherBroyles, LLP Attorney for Defendant

          STIPULATED PROTECTIVE ORDER

         Plaintiff and Defendant (collectively, the "Parties" and each, a "Party") agree that the Parties and non-parties will be required to produce or disclose in this proceeding certain information and documents that are subject to confidentiality limitations on disclosure under applicable laws and regulations and applicable privacy rights. Such information and documents, described in more detail below, include information that is a trade secret or other confidential research, development, or commercial information or is of a private or personal nature. Disclosure of such information without reasonable restriction on the use of the information may cause harm, damage, loss, embarrassment, or disadvantage to the Producing Party or nonparty.

         Accordingly, the Parties desire entry of an order, pursuant to the Federal Rules of Civil Procedure 26(c) and other applicable laws and rules, that will facilitate the prompt resolution of concerns or disputes over confidentiality, that will adequately protect material believed in good faith to be confidential and ensure that protection is afforded only to material so entitled, and that will address any inadvertent production of documents or information protected from disclosure by the attorney-client privilege, work-product immunity, or other applicable privilege:

         Therefore, the Parties hereby stipulate that the following procedures shall be followed in this proceeding to facilitate the orderly and efficient discovery of relevant information while minimizing the potential for unauthorized disclosure or use of confidential or proprietary information and documents.

         1. Purpose. The Parties recognize that preparation for any trial of this action may require the discovery of certain information that a Designating Party, as defined below, reasonably and in good faith believes should be subject to confidential treatment under a protective order. The designation of a document, material, or information (whether written, graphic or electronic) as being subject to the terms and conditions of this Protective Order, is intended solely to facilitate prompt discovery and the preparation for trial of this action.

         2.Scope.

a. This Protective Order shall govern all hard copy and electronic materials, the information contained therein, and all other information including all copies, excerpts, summaries, or compilations thereof, whether revealed in a document, deposition, other testimony, discovery response, or otherwise, that any party to this proceeding (the "Producing Party" or "Designating Party) produces to any other party (the "Receiving Party") and that the Producing Party designates as confidential under this Protective Order.
b. This Protective Order is binding upon all Parties and their counsel in this proceeding, upon all signatories to Exhibit A, and upon (as applicable) their respective corporate parents, subsidiaries, and affiliates, including their successors, and their respective attorneys, principals, experts, consultants, representatives, directors, officers, employees, and others as set forth in this Protective Order.
c. If additional parties are added other than parents, subsidiaries or affiliates of current parties to this litigation, their ability to receive a document protected by this Protective Order will be subject to their being bound, by agreement or Court Order, to this Protective Order.
d. Third Parties who are obligated to produce Confidential Material in this Action and who so elect may avail themselves of, and agree to be bound by, the terms and conditions of this Protective Order and thereby become a Designating Party for purposes of this Protective Order.
e. The entry of this Protective Order does not preclude any Party from seeking further order of this Court, including modification of this order, or from objecting to discovery that the Party believes to be improper.
f Nothing herein shall be construed as an admission or concession by any Party that designated Confidential Material, or any Document or Information derived from Confidential Material, constitutes material, relevant, or admissible evidence in this matter.

         3. Definitions. In this Order, the terms set forth below shall have the following meanings:

a. "Proceeding" or "Action" means the above-entitled proceeding.
b. "Court" means the Honorable Judge Mahan and Magistrate Judge Hoffman currently assigned to this proceeding or any other judge to which this proceeding may be assigned, including Court staff participating in such proceedings.
c. "Document" or "Documents" shall have the meaning set out in Federal Rule of Civil Procedure 34(a) and applicable evidence rules and, for purposes of this order, shall include electronically stored information.
d. "Testimony" means all depositions, declarations or other pre-trial testimony taken or used in this Proceeding.
e. "Information" means the content of Documents or Testimony, as well as any matter derived therefrom or based thereon.
f "Confidential Material" or "Confidential Discovery Material" means any Document (electronic or hard copy), Testimony, or Information that a Designating Party reasonably and in good faith believes to be entitled to confidential treatment under applicable laws and that the Party designates as such in accordance with the provisions of this Order. "Confidential Material" includes, but is not limited to:
i. Personal identifying information, financial information, medical/insurance information, and any other information believed in good faith by the Designating Party to be subject to protection from disclosure by a natural person's right of privacy under applicable privacy laws or regulations;
ii. Any Party's trade secrets (as defined in the Uniform Trade Secrets Act); documents containing or constituting research and development, marketing or training, confidential business, commercial, or proprietary information, financial information or data, technical information, manufacturing processes, product specifications, engineering information and testing, distribution processes, or sensitive health or medical information; or other proprietary or confidential business information of commercial value and believed in good faith to be subject to protection from disclosure under applicable statutes, laws, or regulations; and
iii. All material, data, and information obtained, derived, or generated from "Confidential Material, " to the extent the same are not publicly available or otherwise subject to the exclusions herein.
iv. Specifically excluded from the definition of "Confidential Material" are:
1. Any Documents, Testimony, or Information that have been, or in the future will be, designated as "not confidential" by order of any court;
2. Any Documents, Testimony, or Information obtained, in the past or in the future, by any person or entity through procedures established under the Freedom of Information Act or other public records request.
3. Any Documents, Testimony, or Information that is publically available.

g. The phrase "Confidential Material-Attorney Eyes Only" refers to Confidential Material that the Designating Party believes in good faith to contain highly confidential information the disclosure of which to the Party's competitors would cause the Designating Party serious competitive and commercial harm. As used in this Order, and unless otherwise specified, "Confidential Material" shall encompass "Confidential Material-Attorney Eyes Only."

         h. "Designating Party" means the Party or non-party that designates Documents, Testimony, or Information as Confidential Material.

         i. "Disclose, " "Disclosed" or "Disclosure" means to reveal, divulge, give, or make available Documents, Testimony, or any part thereof, or any Information contained therein.

         4 Designations of Confidential Material.

         a. Designation of Documents.

         i. Documents Produced in TIFF-Image or PDF Format. With respect to any Document produced in TIFF-image or PDF format, a Designating Party may designate the Document as Confidential Material or Confidential Material-Attorney Eyes Only by placing a stamp or marking on each page of the Document stating the following CONFIDENTIAL, SUBJECT TO PROTECTIVE ORDER! PRODUCED BY [PARTY NAME] IN THE AGENCY LITIGATION or CONFIDENTIAL-ATTORNEY EYES ONLY, SUBJECT TO PROTECTIVE ORDER, PRODUCED BY [PARTY NAME] IN THE AGENCY LITIGATION. Such markings shall not obscure, alter, or interfere with the legibility of the original document.

1. All copies, duplicates, extracts, summaries, or descriptions (hereinafter referred to collectively as "copies") of Confidential Material produced in TIFF-image or PDF format shall be marked with the same confidential stamp or marking as contained on the original, unless the original confidential stamp or marking already appears on the copies.

ii. Documents Produced in Native Format. With respect to any Document produced in native format ("Native-Format Document"), a Designating Party may designate the Document as Confidential Material or Confidential Material-Attorney Eyes Only by renaming the Document to include, at the end of the file name and prior to the file extension, the following language: CONFIDENTIAL, SUBJECT TO PROTECTIVE ORDER, PRODUCED BY [PARTY NAME] IN THE AGENCY LITIGATION or CONFIDENTIAL-ATTORNEY EYES ONLY, SUBJECT TO PROTECTIVE ORDER, PRODUCED BY [PARTY NAME] IN THE AGENCY LITIGATION.

1. Native-Format Documents may have to be copied or duplicated for use in a litigation-support review application. Any such copy or duplicate shall retain the full file name as originally produced.
2. For use outside a litigation-support review application, Receiving Parties may make native-format copies or duplicates of a Native-Format Document solely (a) for use with experts or consultants who are retained in this Action and who are Qualified Persons as defined below or (b) for use as deposition or trial exhibits. Any such copy or duplicate shall retain the full file name as originally produced.
3. All other copies or duplicates of Native-Format Documents (e.g., TIFF-image, PDF, hardcopy) and all extracts, summaries, or descriptions of Native-Format Documents shall contain a stamp or marking on each page of the Document stating the following CONFIDENTIAL, SUBJECT TO PROTECTIVE ORDER, PRODUCED BY [PARTY NAME] IN THE AGENCY LITIGATION or CONFIDENTIAL-ATTORNEY EYES ONLY, SUBJECT TO PROTECTIVE ORDER, PRODUCED BY [PARTY NAME] IN THE AGENCY LEGATION Such markings shall not obscure, alter, or interfere with the legibility of the original document.

b. Designation of Deposition Transcripts.

         i. During depositions, Confidential Material may be used or marked as exhibits but shall remain subject to this Order and may not be shown to the witness unless such witness is a Qualified Person as described below.

         ii. If deposition Testimony or exhibits contain or refer to Confidential Material, or if they contain or refer to Documents, Testimony, or Information to be designated as Confidential Material, the Designating Party, by and through counsel, shall either:

1. On the record at the deposition, designate the Testimony or exhibit(s) as Confidential Material or, as applicable, identify already-designated Confidential Material, or
2. No later than ten days after receiving a copy of the deposition transcript, inform the deposing counsel and counsel for other Parties that the Testimony or exhibit(s) constitute Confidential Material; during the 30-day period, the entire deposition testimony, transcript, and ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.