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McKnight v. Nobu Hospitality Group LLC

United States District Court, D. Nevada

April 14, 2017

WILLIAM MCKNIGHT, individually, ELLA MCKNIGHT, individually, Plaintiff,
v.
NOBU HOSPITALITY GROUP LLC, a Foreign Corporation, DOES I - X; and ROE CORPORATIONS I - X, inclusive, Defendants.

          OLSON, CANNON, GORMLEY ANGULO & STOBERSKI THOMAS D. DILLARD, JR., ESQ. Attorneys for Defendant NOBU HOSPITALITY GROUP, LLC LEGAL ANGEL Yianna C. Reizakis Esq. Attorney for Plaintiffs

          Anthony Paglia Injury Lawyer Anthony M. Pagha, Esq. Attorneys for Plaintiffs.

          STIPULATED AND AGREED F.R.E. 502(D) PROTECTIVE ORDER GOVERNING THE PROTECTION AND EXCHANGE OF CONFIDENTIAL DISCOVERY MATERIAL

         WHEREAS, it is anticipated by and among counsel for William and Ella McKnight ("Plaintiffs") and counsel for Nobu Hospitality Group LLC ("Nobu"), (together, the "Parties"), that, during the course of this proceeding and/or appeals (this "Action"), the Parties and certain other persons or entities ("non-Parties") may disclose certain trade, financial, proprietary, business, personal identifying, commercially sensitive business or technical information, competitive information, or other confidential business information, the disclosure of which may be harmful to the commercial and/or security interests of the designating Party or non-Party and that is deserving of protection under Federal Rule of Civil Procedure 26(c); and

         WHEREAS, this Stipulated and Agreed Federal Rule of Evidence 502(d) Protective Order Governing the Protection and Exchange of Confidential Discovery Material (the "Protective Order") is intended to protect the confidentiality of such information while ensuring that the Parties can obtain and pursue discovery with a minimum of delay and expense, and that the public interest in open access to court records is properly balanced with the rights of the Parties and non-Parties in this Action to maintain the confidentiality of highly sensitive confidential and/or proprietary information;

         Accordingly, for good cause shown, pursuant to Federal Rule of Civil Procedure 26(c) and Federal Rule of Evidence 502(d), the following terms shall govern the handling of all Confidential Material (as defined below) produced or generated in connection with this Action:

         PROTECTIVE ORDER

         1. PURPOSE

         Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Moreover, the information likely to be the subject of the disclosure and discovery activity in this action involves unique risks related to privacy, data security, trade secrets, proprietary information and confidential information.

         II. DEFINITIONS

         2. i Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.

         2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c). This includes all documents, ESI, tangible things, testimony, or other information produced or made available in the course of discovery, including, but not limited to: (a) documents produced by a Party or non-Party in response to a request for the production of documents or subpoena; (b) responses to requests for admissions; (c) responses to interrogatories; (d) transcripts of depositions, trial testimony, and excerpts thereof, including exhibits thereto, from Parties or non-Parties to this Action; and (e) other responses or affidavits in connection with discovery requests, motions, or other filings, produced by a Party or non-Party. "Confidential Information or Items" shall specifically include:

a) Confidential Business Information. "Confidential Business Information" shall mean any proprietary document or information relating to the business of a Party or non-Party, which constitutes, reflects, or discloses a trade secret, proprietary data, commercially sensitive business or technical information, or other information which is confidential under applicable law.
b) Personal Information. "Personal Information" shall mean; credit card information, account information, customer credit card or bank records, signature cards, credit card or bank statements, general ledger entries, credit card charge or debit information, and related records or document that contain any names, addresses, account numbers, social security numbers, dates of birth, or other identifying information or personal information (including personal financial information, such as but not limited to credit background information, credit card account information, financial statements and credit reports, business and personal credit card information) protected from public disclosure by statute or regulation or otherwise under applicable law.
c) Documents Protected by Law. "Documents Protected by Law" shall mean all documents and information that are confidential and privileged as provided by any federal or state laws, provided they are designated as Confidential Information.

         2.3 Counsel (without qualifier); Outside Counsel of Record and House Counsel (as well as their support staff).

         2.4 Designating Party; a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL."

         2.5 Disclosure or Discovery Material: all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter.

         2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action.

         2.7 House Counsel: attorneys who are employees of a Party, House Counsel does not include Outside Counsel of Record or any other outside counsel.

         2.8 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

         2.9 Outside Counsel of Record: attorneys who are not employees of a Party but are retained to represent or advise a Party and have appeared in this action on behalf of that Party or are affiliated with a law firm which has appeared in this action on behalf of that Party.

         2.10 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (an their support staffs).

         2.11 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action.

         2.12 Professional Vendors: persons or entities that provide litigation support services (e.g., document and ESI processing, hosting, review, and production, photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or ...


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