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Performance Rhino, LLC v. Granite State Insurance Company

United States District Court, D. Nevada

May 4, 2017

PERFORMANCE RHINO LLC d/b/a GUN GARAGE/GAG, Plaintiff,
v.
GRANITE STATE INSURANCE COMPANY, a New York corporation; LOCKTON AFFINITY LLC, a Missouri limited liability company; BRENT RYAN, an individual and as Account Manager for LOCKTON AFFINITY, LLC; DOES I through X, inclusive; and ROE CORPORATIONS I through X, inclusive, Defendants.

          Marquis Aurbach Coffing Jason M. Gerber, Esq., Jared M. Moser, Esq., Attorneys for Performance Rhino, LLC d/b/a Gun Gar age/GAG.

          Marc S. Cwik, Esq., Las Vegas, Nevada 89118 Attorney for Defendants Lockton Affinity Series of Lockton Affinity, LLC f/k/a Lockton Affinity, LLC, f/k/a Lockton Risk Services, Inc. and Brent Ryan.

          BULLIVANT HOUSER BAILEY, P.C., Andrew B. Downs, Esq., Martin J. Kravitz, Esq., Attorneys for Defendant Granite State Insurance Company.

          STIPULATED PROTECTIVE ORDER

         Plaintiff Performance Rhino, LLC d/b/a Gun Garage/GAG ("Plaintiff), by and through its attorneys of record, Jason M. Gerber, Esq. and Jared M. Moser, Esq., of the law firm of Marquis Aurbach Coffing; Defendant Granite State Insurance Company ("Granite State"), by and through its attorney of record, Andrew B. Downs, Esq., of the law firm of Bullivant Houser Bailey, PC; and Defendants Lockton Affinity Series of Lockton Affinity, LLC f/k/a Lockton Affinity, LLC, f/k/a Lockton Risk Services, Inc. ("Lockton") and Brent Ryan ("Ryan"), by and through their attorney of record, Marc S. Cwik, Esq., of the law firm of Lewis Brisbois Bisgaard & Smith, LLP, hereby enter into this Stipulation for a Protective Order ("Order") pursuant to the provisions of Fed.R.Civ.P. 26(c). Plaintiff, Granite State, Lockton, and Ryan may each be referred to herein as a "Party" or, collectively, as the "Parties."

         The Parties have agreed and stipulated to the entry of this Order for the protection of confidential and sensitive documents, records, and information produced or otherwise disclosed in post-judgment discovery in this action.

         IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, through their respective counsel of record, that the following terms and conditions shall govern the disclosure, production, and use of documents and information in this action as to the signatories to this Order:

         I. DEFINITIONS

         1. "Material" refers to any document, data compilation, testimony, report, interrogatory response, response to a request for admission, response to a request for production, or other information in any form produced or disclosed in this action (including copies), whether voluntarily or through any means of discovery authorized by law, and whether by a party or nonparty.

         2. Material may be designated "Confidential" if the Designating Party in good faith believes that disclosure of such Material in this action without the designation presents a risk of injury to the legitimate business or personal interests of the Disclosing Party, or any other legitimate interest of the Disclosing Party. Confidential information includes, but is not limited to, all Materials reflecting, referring to, or evidencing any information deemed confidential by any local, state, or federal statute, ordinance, regulation, or other law, confidentiality agreement, business plans or forecasts, financial plans and forecasts, operational plans and forecasts, and all private or sensitive commercial, technical, financial, proprietary, personal, personnel, underwriting, rating, claims and insurance policy information, which is not publicly known and cannot be ascertained from an inspection of publicly-available documents or materials. Confidential information may take the form of, but is not limited to, (a) documents, responses to request for production, interrogatory responses, or responses to requests for admissions; (b) hearing or deposition transcripts and related exhibits; and, (c) all copies, abstracts, excerpts, analyses, reports, and complete or partial summaries prepared from or containing, reflecting, or disclosing such confidential information.

         3. Material may also be designated as "Sensitive-Attorney Eyes Only." Sensitive-Attorney Eyes Only Material must meet the Confidential designation requirements of Section 1(2) and also must be so proprietary or competitively sensitive or contain such highly sensitive and non-public business, technical, financial, personal, or other information that its disclosure to persons other than those enumerated in Section IV will irreparably harm the Disclosing Party and/or the Designating Party.

         4. "Disclosing Party" refers to a party, or non-party, to this action who produces Material.

         5. "Designating Party" refers to a party or non-party to this action who designates Material as Confidential or Sensitive-Attorney Eyes Only.

         6. "Requesting Party" refers to a party who has made a discovery request.

         7. "Receiving Party" refers to a party who receives, or is otherwise exposed to, Material during the course of this action.

         II. SCOPE OF PROTECTIVE ORDER

         1. Except as the parties may otherwise agree, and subject to the provisions of Sections IVA. Land IV.A.2., or as the Court may order, any Material produced in this action, which is designated Confidential or Sensitive-Attorney Eyes Only, including any report, excerpt, analysis, summary, or description of it, shall be strictly controlled by this Order, and no disclosure or use of such Material, by any Receiving Party, can be made except in accordance with the requirements of this Order. All Material designated Confidential or Sensitive-Attorney Eyes Only shall be used solely for the prosecution or defense of this action.

         2. This Order shall govern all Material produced in this action, including Material produced prior to entry of this Order.

         3. The protections of this Order shall not apply to Material that, prior to disclosure in this action, was within the actual possession or knowledge of a Receiving Party but was not subject to any confidentiality obligation between the Parties, was previously disclosed by a Disclosing Party to a non-party to this action without any obligation of confidentiality, or was actually public knowledge, provided that the Material did not become public knowledge through an act or omission of a Receiving Party. Material that was in the hands of the Receiving Party prior to disclosure in this action, however, and was subject to a confidentiality obligation between the Parties, shall be made subject to this Order. Any party who claims that the Material was, prior to disclosure in this action, within its actual possession or knowledge and was not subject to a confidentiality obligation or was public knowledge shall have the burden of proving that fact.

         4. Nothing in this Protective Order shall be construed to prohibit counsel from providing advice, guidance, or counsel to a party, regardless of whether such advice, guidance, or counsel is based, in whole or in part, upon information counsel learned from Material designated Confidential or Sensitive-Attorney Eyes Only, so long as counsel does not disclose Confidential or Sensitive-Attorney Eyes Only Material to anyone not permitted to receive such Material under this Order.

         III. DESIGNATION OF MATERIAL

         A. GENERAL PROVISIONS

         1. A Designating Party may designate Material as Confidential or Sensitive-Attorney Eyes Only, only if the Material (1) is Confidential, as defined by Section 1(2), or Sensitive-Attorney Eyes Only, as defined by Section 1(3); and, (2) is not excluded from the scope of this Order by Section 11(3).

         2. A Designating Party's failure to designate Material as Confidential or Sensitive-Attorney Eyes Only at the time of production or disclosure of the Material does not waive its right to later designate the Material as Confidential or Sensitive-Attorney Eyes Only, so long as the Designating Party notifies all Parties in writing of the failure within a reasonable time period after learning that the Material was produced without an appropriate confidentiality designation. After any designation, each Receiving Party ...


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