United States District Court, D. Nevada
WATKINS & LETOFSKY, LLP, Daniel R. Watkins, Brian S.
Letofsky Attorneys for Plaintiff
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. ANTHONY L.
MARTIN, ESQ., JILL GARCIA, ESQ., MICHELLE KRAKORA, ESQ.
Attorneys for Defendants
STIPULATED PROTECTIVE ORDER GOVERNING THE
CONFIDENTIALITY OF INFORMATION AND DOCUMENTS
to Fed.R.Civ.P. 26(c), LR IA 6-2, and LR 7-1, Defendant
Eldorado Resorts Corporation (“Eldorado” and/or
“Defendant”) and Plaintiff Kenton Kovell
(“Plaintiff”), hereby stipulate and agree as
is expected to, and has requested confidential, non-public,
trade secret, financial, medical and/or proprietary
information and documents from Eldorado related to its
business operations, including, but not limited to, sales
reports, information that may contain customer information,
including customer names, addresses, and financial
information, medical information and other information that
may include disclosure of information related to Eldorado
employees, who are not, and are not expected to be, parties
to this matter. Eldorado considers this information and these
documents to be private and confidential.
in this case will require the production of documents,
inspection of tangible things, the answering of
Interrogatories and Requests to Admit, and the taking of oral
and/or written depositions, during which the aforementioned
proprietary, trade secret, financial, medical, confidential
and/or private information and documents of the parties will
be exchanged and disclosed. To expedite the flow of
discovery, facilitate the prompt resolution of disputes over
confidentiality, and to protect adequately material entitled
to be kept confidential, the parties agree to limit the
disclosure and use of proprietary, confidential, and private
information and documents as stipulated, pursuant to this
Protective Order on the following terms:
following definitions shall apply to this Protective Order:
A. “Producing Party” shall mean any person or
entity producing documents, information or other materials in
the instant matter, including any Party to the instant matter
or any third parties.
B. “Party” shall mean the Plaintiff and
Defendant, and any other person that may become a named Party
to the instant matter.
C. “Confidential” information shall be defined as
such documents, deposition testimony or other information
disclosed during discovery which the Producing Party or
another Party reasonably and in good faith contends contains
information that should be protected from disclosure pursuant
to this Protective Order. Any Party may designate any
information or documents as confidential in the reasonable
exercise of such Party's sole discretion; provided,
however, by agreeing to this Protective Order, no Party
waives the right to challenge any other Party's
designation of any information or document as Confidential.
D. “Legend” as used herein shall mean a stamp or
similar insignia stating confidential.
E. When reference is made in this Protective Order to any
document or Party, the singular shall include the plural, and
plural shall include the singular.
F. “Attorneys' Eyes Only” shall mean only to
be reviewed by counsel of record.
DESIGNATION OF INFORMATION AND DOCUMENTS
A. When any document or things produced under this Protective
Order are designated as Confidential, a Legend shall be
affixed to the first page and all pages containing
information for which the Producing Party seeks protection.
When information produced in answer to an Interrogatory, or
response to a Request for Production or Request for Admission
is designated as Confidential, the response or answer shall
be preceded with the appropriate designation.
B. Some documents being produced by both Plaintiff and
Defendant may contain social security numbers of Plaintiff
and/or Eldorado's employees. Without need of any
designation, social security numbers will be deemed to be
Confidential. In the event a document is produced without the
redaction of a social security number, any Party seeking to
use the document will make every effort to redact the social
security number before its use in a deposition, court
proceeding or court filing.
C. The initial failure to designate information or documents
as Confidential in accordance with this Protective Order
shall not preclude the Producing Party from, at a later date,
designating any information or documents as Confidential. The
Producing Party may, by written notice to counsel of record
for the receiving Party, designate previously produced
information or documents as Confidential, which it had
inadvertently failed to designate. Upon receipt of such
notice, the receiving Party shall promptly mark its copies of
the information or documents so designated, and shall
thereafter, treat the information and documents as if it had
been designated Confidential and shall restrict the
disclosure or use of the information or documents in
accordance with this Protective Order. If the information or
documents have previously been disclosed to non-parties, the
Parties shall take reasonable steps to obtain all such