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Counter Wraps International, Inc. v. Diageo North America Inc.

United States District Court, D. Nevada

April 7, 2017

COUNTER WRAPS INTERNATIONAL INC. d/b/a DC MEDIA AND MARKETING, a Nevada corporation, Plaintiff,
v.
DIAGEO NORTH AMERICA INC., a Connecticut corporation; DIAGEO AMERICAS INC., a Delaware corporation; and DOES I through X; Defendants.

          Howard & Howard Attorneys PLLC Robert Hernquist, Nevada Bar No. 10616 Jennifer Lloyd, Nevada Bar No. 9617 Attorneys for Defendants Diageo North America Inc.& Diageo Americas Inc.

          Randolph Law Firm Taylor Randolph Taylor Randolph, Nevada Bar No. 10194 AND Skiermont Derby LLP Paul Derby (admitted pro hac vice) John O'Kane IV (admitted pro hac vice) Attorneys for Plaintiff Counter Wraps International Inc. d/b/a DC Media and Marketing

          STIPULATED PROTECTIVE ORDER

         WHEREAS, in the course of this litigation disclosure may be sought of information that a party regards as proprietary, confidential or requiring special protection under Rule 26(c) of the Federal Rules of Civil Procedure (“confidential information”); and

         WHEREAS, the parties hereto desire to establish a mechanism governing access to and use of such confidential information in this action. Accordingly, IT IS HEREBY STIPULATED by and between the parties that the following Protective Order shall govern the access to and use of confidential information produced in this action.

         IT IS HEREBY ORDERED that:

         1. Any information produced by any party or non-party in this action may be designated by the producing party(ies) as “Confidential” or “Confidential-Attorneys' Eyes Only” (collectively “Designated Information”). As a general guideline, any information, the whole of which is publicly available, should not be designated as “Confidential” or “Confidential-Attorneys' Eyes Only.” A party who designates information as confidential shall be referred to as a Designating Party. A party or parties who receive(s) confidential information shall be referred to as a Receiving Party.

         2. Documents not previously disclosed to the public should be designated “Confidential” when such documents contain confidential information that may be reviewed by certain named persons of the Receiving Party, but must be protected against disclosure to third parties as provided by Fed.R.Civ.P. 26(c)(1)(G). Any document(s) and/or other information subject to disclosure may be designated by the Designating Party as “Confidential” when it contains confidential business, research, development and/or financial information such as tax records, banking records, accounting records, financial statements, meeting minutes, or other categories of information not publically available in which the Designating Party has a reasonable interest in protecting from general disclosure.

         3. Documents not previously disclosed to the public should be designated “Confidential-Attorneys' Eyes Only” when such documents contain highly confidential information that may be reviewed by certain named persons affiliated with the Receiving Party's counsel, but must be protected against disclosure to the Receiving Party and third parties. Any document(s) and/or other information subject to disclosure may be designated by the Designating Party as “Confidential-Attorneys' Eyes Only” when it contains trade secrets including, but not limited to, product formulas, manufacturing methods or product development plans, confidential business information such as marketing plans, customer lists, sales figures, advertising expenditures, pricing plans, balance sheets, supplier identities, business plans, license agreements, or other information which could put the producing person or entity at a competitive disadvantage if the information became known to the Receiving Party. The designation “Confidential-Attorneys' Eyes Only” shall be used sparingly, and may be challenged at any time, for any reason, including the necessity of client involvement to assist Trial Counsel in preparing the case.

         4. All Designated Information shall only be used in connection with this litigation, and not for any other business, proceeding, litigation, or other purpose whatsoever. Such information may not be disclosed to anyone except as provided in this Protective Order and the parties shall exercise due care regarding storage, custody, and use.

         5. The following procedure shall apply to Designated Information:

a. Any party or non-party who has documents to be covered by the provisions of this Protective Order may designate, in writing, the documents or portions thereof that such person or entity considers confidential at the time the documents are produced. Each page of the document must be marked “Confidential” or “Confidential-Attorneys' Eyes Only” by the Designating Party.
b. Any party may designate as to be covered by the provisions of this Protective Order the documents or portions thereof that have been (i) produced by another party; or (ii) produced by a non-party in response to a subpoena. For such a designation, the Designating Party must identify in writing, the documents or portions of documents that it seeks to designate as “Confidential” or “Confidential-Attorneys' Eyes Only”.

         6. Information disclosed at a deposition or other testimony may be designated as “Confidential” or “Confidential-Attorneys' Eyes Only” at the time of the testimony or deposition, or within thirty (30) days following receipt of the transcript, and shall be subject to the provisions of this Protective Order. During the deposition or testimony, unauthorized persons shall be excluded from testimony designated “Confidential” or “Confidential- Attorneys' Eyes Only” as applicable under this Protective Order. Additional information disclosed during a deposition or other testimony may be designated as “Confidential” or “Confidential-Attorneys' Eyes Only” by notifying the other party, in writing, within thirty (30) days after receipt of the transcript, of the specific pages and line numbers of the transcript that should also be so designated. Unless otherwise agreed on the record of the deposition or other testimony, all transcripts shall be treated as “Confidential” for a period of thirty (30) days after their receipt, and the transcript shall not be disclosed by a non-designating party to persons other than those persons named or approved according to Paragraph 7 to review documents or materials designated “Confidential” on behalf of that non-designating party.

         7. Any documents and/or other information designated as “Confidential, ” as well as any copies or excerpts thereof, or analyses or reports that pertain thereto, may be made available only to the following persons:

a. Attorneys of record for the Receiving Party ("Trial Counsel"), their employees and other attorneys and or employees of their firms;
b. Judges, the Court and jury, law clerks, and other clerical personnel of the Court before which this action is pending, so long as such documents or information are filed under seal;
c. Independent experts or consultants to whom disclosure is reasonably necessary for this Litigation (together with their clerical staff) not associated directly or indirectly with a party that have been retained by Trial Counsel to assist ...

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