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Ecolab Inc. v. Krasner

United States District Court, D. Nevada

October 6, 2017

ECOLAB, INC. Plaintiff,

          FISHER & PHILLIPS LLP DAVID B. DORNAK, ESQ. JOHN E. LATTIN, IV, ESQ. Attorneys for Plaintiff

          BRIAN K. BERMAN, CHTD. BRIAN K. BERMAN, ESQ. Attorney for Defendants



         IS HEREBY STIPULATED by and between the Parties to the above-captioned case, by and through their respective counsel of record, that in order to facilitate the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, privacy rights, and trade secret protections, the Parties stipulate as follows:

         1. In this Stipulated Protective Order, the words set forth below shall have the following meanings:

         a. “Proceeding” means the above-entitled civil lawsuit, Case No. 2:16-cv-02679-APG-CWH.

         b. “Court” means the assigned judge in this lawsuit filed on November 22, 2016, in the United States District Court for the District of Nevada, Case No. 2:16-cv-02679-APG-CWH.

         c. “Confidential” means any information which is in the possession of a Designating Party who believes in good faith that such information is entitled to confidential treatment under applicable law.

         d. “Confidential Materials” means any Documents, Testimony or Information that a Designating Party believes in good faith are subject to confidentiality limitations on disclosure under applicable federal laws, state laws, federal or state constitution, privacy rights of either party, privacy rights of third parties (including, but not limited to, Defendant's owners, officers, directors, managers, employees, vendors, suppliers, and contractors, as well as Defendant's residents), and/or trade secret protections.

         e. “Disclose” or “Disclosed” or “Disclosure” means to reveal, divulge, give, or make available Materials, or any part thereof, or any information contained therein.

         f. “Documents” means all materials within the full scope of Rule 34 of the Federal Rules of Civil Procedure, including, but not limited, any typed or handwritten writings and transcriptions, such as notes, memoranda, calendars, letters, emails, text messages, as well as any electronically stored information that is stored on a computer, electronic or mobile device or any type of computer readable storage media and capable of being reproduced by printed representation, which have been produced in discovery in this Proceeding by any person, including any copies, reproductions, or summaries of all or any part of the foregoing.

         g. “Information” means the content of Documents or Testimony.

         h. “Testimony” means all depositions, declarations or other testimony taken or used in this Proceeding.

         2. Pursuant to Fed.R.Evid. 502(d) and Fed. R. Civ. Proc. 26(b)(5), the production of a privileged or work-product-protected Document, whether inadvertent or otherwise, is not a waiver of privilege or protection from discovery in this case or in any other federal or state proceeding. For example, the mere production of privileged or work-product-protected Documents in this case as part of a document production of any size is not itself a waiver in this case or in any other federal or state proceeding. The receiving party shall not assert a claim or argument in this or any other court or legal proceeding that the producing party's act of inadvertently producing the information constituted a waiver of the producing party's privilege or other protection over the information.

         3. Further, in the event of inadvertent production of privileged or work product-protected Documents, the producing party shall notify the receiving party in writing of the inadvertent production as soon as practicable following the producing party's discovery of the inadvertent production. Within ten (10) calendar days of receipt of a written request for return of privileged or work product-protected Documents inadvertently produced, the receiving party shall promptly return, destroy or delete from its databases all copies of the specified information and shall make reasonable efforts to retrieve the information if the receiving party previously provided the information to third parties. If there is a disagreement as to whether the specified information is privileged or subject to protection, the receiving party must immediately present the information under seal to the Court for a determination. Until the Court makes a determination of the privileged or protected status of the information, the receiving party shall not use in any way (including, but not limited to, using the information in depositions or at trial) nor disclose the information to other parties. The court shall impose an appropriate sanction in the event that the Court determines that the Documents are not privileged or work product- protected Documents, but were so designated in a manner which had an inappropriate adverse effect on the other party's right to use the information.

         4. The entry of this Stipulated Protective Order does not alter, waive, modify, or abridge any right, privilege or protection otherwise available to any Party with respect to the discovery of matters, including but not limited to any Party's right to assert the attorney-client privilege, the attorney work product doctrine, or other privileges, or any Party's right to contest any such assertion.

         a. For Documents (apart from transcripts of depositions or other pretrial or trial proceedings), the receiving Party must affix the legend “Confidential” on each page of any ...

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