United States District Court, D. Nevada
E&R VENTURE PARTNERS, LLC, a California limited liability company, Plaintiff,
PARK CENTRAL PLAZA 32, LLC, a revoked Nevada limited liability company; and DOES I-X, Defendants.
PETERSON BAKER, PLLC TAMARA BEATTY PETERSON, ESQ. Nevada Bar
No. 5218 NIKKI L. BAKER, ESQ. Nevada Bar No. 6562 BENJAMIN K.
REITZ, ESQ. Nevada Bar No. 13233 Attorneys for Plaintiff
E&R Venture Partners, LLC.
LEGAL & CONSULTING, LLC JARED B. KAHN, ESQ. Nevada Bar
No. 12603 Attorneys for Defendant Park Central Plaza 32, LLC.
[PROPOSED] CONFIDENTIALITY AND PROTECTIVE
Confidentiality and Protective Order (this
"Protective Order") is stipulated to by
and between Plaintiff E&R Venture Partners, LLC
("Plaintiff") and Defendant Park Central
Plaza 32, LLC ("Defendant"') (each referred to
herein as a "Party" and collectively, the
Defendant entered into a confidential settlement agreement
with Nevada State Bank (the "NSB
Settlement"') in the action styled Park
Central Plaza 32, LLC v. Nevada State Bank, Eighth
Judicial District Court, Case No. A-13-677612-B and Supreme
Court of Nevada Docket No. 67805.
on April 5, 2017, Plaintiff filed a "Motion to Compel
Defendant to Disclose Information and Documentation
Concerning the NSB Settlement" [ECF No. 25] (the
"Motion to Compel").
on May 2, 2017, the Court entered an Order [ECF No. 36]
granting the Motion to Compel, denying Defendant's Motion
for Protective Order [ECF No. 29], and directing Defendant to
produce the NSB Settlement document and respond to Plaintiffs
written discovery concerning the NSB Settlement, subject to a
protective order as described in the Order.
THEREFORE, the Parties, by and through their undersigned
counsel, hereby stipulate and agree, subject to the
Court's approval, as follows:
following definitions apply to this Protective Order:
Party. Any Party to this action, including all of
its officers, directors, employees, consultants, Experts (as
defined below), and Outside Counsel (as defined below).
Disclosure or Discovery Material.
items or information, regardless of the medium or manner
generated, stored, or maintained (including, among other
things, testimony, transcripts, or tangible things) that are
produced or generated in disclosures or responses to
discovery in this matter.
Confidential Information or Items.
(regardless of how generated, stored or maintained) or
tangible things that the Designating Party has a good-faith
basis for believing contains information that: (a) is
confidential under federal or state law or regulations; or
(b) contains criminal history information, personal
information regarding individuals including Social Security
Numbers, dates of birth and information which a person would
have a reasonable expectation of privacy, and other sensitive
financial or professional information that is generally
unavailable to the public and that, if made available to the
public, may be injurious to that Party's personal,
financial, or professional interests. Confidential
Information shall include the document memorializing the NSB
Settlement and Defendant's answers and responses to
written discovery and deposition inquiries and responses
concerning the same. Further, Confidential Information shall
also include any information protected from disclosure under
Donrey v. Bradshaw, 106 Nev. 630 (1990), or an
official or executive information privilege. Confidential
Information shall also include employee information, employee
medical information, and employee disciplinary action,
including any internal investigation concerning employee
that receives Disclosure or Discovery Material or
Confidential Information from a Producing Party.
or third-party that produces Disclosure or Discovery Material
or Confidential Information in this action.
or third-party that designates information or items that it
produces in disclosures or in responses to discovery as
Protected Material. Any Disclosure or Discovery
Material or Confidential Information that is designated as
"Confidential." 8. Outside Counsel.
Attorneys who are not employees of a Party but who are
retained to represent or advise a Party in this action.
who are employees of a Party.
Counsel (without qualifier).
Counsel and In-House Counsel (as well as their support
person with specialized knowledge or experience in a matter
pertinent to the litigation retained by a Party or its
Counsel to serve as an expert witness or as a consultant in
this action. This definition includes, but is not limited to,
a professional jury or trial consultant retained in
connection with this action.
or entity that provides litigation support services
(e.g., photocopying, videotaping, translating,
preparing exhibits or demonstrations, organizing, storing,
retrieving data in any form or medium, etc.) and its
employees and subcontractors.
use of the singular form of any word includes the ...