United States District Court, D. Nevada
VINCENT J. AIELLO, ESQ., Greenspoon Marder, P.A., ANTHONY L.
MARTIN, ESQ., Russell S. Buhite, Russell S. Buhite OGLETREE
DEAKINS NASH SMOAK & STEWART, P.C., Attorneys for
Plaintiff Westgate LVH, LLC.
BROWNSTEIN HYATT FARBER SCHRECK, Adam P. Segal, Esq.,
Christopher M. Humes, Esq., Attorney for Defendants.
STIPULATED PROTECTIVE ORDER PURSUANT TO FRCP
J. KOPPE UNITED STATES MAGISTRATE JUDGE.
WESTGATE LVH, LLC (“Westgate”), by and through
their attorneys of record, Vincent J.
Aiello, Esq., of GREENSPOON MARDER, P.A.
(“Plaintiff”), and TRUSTEES OF THE NEVADA RESOIRT
ASSOCIATION, INTERNATIONAL ALLIANCE OF THEATRICAL STAGE
EMPLOYEES (I.A.T.S.E.) LOCAL 720 PENSION TRUST (collectively
referred to as “Defendants”) hereby request the
Court enter the following Stipulated Protective Order. This
Stipulation is brought pursuant to and in compliance with
Local Rule 7-1.
parties are expected to request confidential, non-public
information and documents from each other, including but not
limited to, attorney-client privileged information,
proprietary information, trade-secrets, business operations,
account and financial records, non-public business records,
and other information and documents regarding certain
individuals, who are not, and are not expected to be,
individual parties to this action. The parties consider this
information and these documents to be private, confidential
and privileged from any disclosure.
in this case will most likely require the production of
documents, the answering of Interrogatories and Requests for
Admission, and the taking of oral and/or written depositions,
during which the aforementioned attorney client privileged
information, proprietary, trade secret, confidential and/or
private information and documents of the parties will be
exchanged and disclosed. To facilitate the prompt resolution
of disputes over confidentiality and to adequately protect
material entitled to remain privileged and be kept
confidential, the parties agree to limit the disclosure and
use of attorney client privileged information, confidential,
and private information and documents pursuant to this
Stipulated Protective Order entered in the above
captioned-action on the following terms:
following definitions shall apply to this Stipulated
“Action” shall refer to in the instant litigation
originally filed in the United States District Court for the
District of Nevada, Case No.: 2:17-cv-01731-RFB-NJK, and any
appeal thereof through final determination. The
“Action” does not refer to any “related
case” unless ordered by this Court.
“Producing Party” shall mean any person or entity
producing documents, information or other materials in the
Action, including any Party to the Action or any third
“Party” or “Parties” shall mean the
Plaintiff and Defendants in this Action, and any other person
that may become a named Party to the Action.
“Confidential” information means any information
or material that is designated as “CONFIDENTIAL”
or “HIGHLY CONFIDENTIAL - ATTORNEY CLIENT
PRIVILEGED” or “OUTSIDE ATTORNEYS' EYES
ONLY” as provided for in this Order. Confidential
information shall be defined as such documents, deposition
testimony or other information disclosed during discovery in
the Action which the Producing Party or another Party
reasonably and in good faith contends contains information
that should be protected from disclosure pursuant to this
Stipulated 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 Stipulated Protective Order, no
Party waives the right to challenge any other Party's
designation of any information or document as Confidential.
Confidential information may include, but is not limited to,
documents, deposition and other testimony, and interrogatory
answers as they relate to any non-public financial, trade
and/or proprietary information concerning Plaintiff,
Defendants and any and all of their affiliates, predecessors,
successors, assigns, agents, contractors and attorneys;
documents relating to Defendants' clients, applicants,
and prospective clients and applicants (including client
complaints and contact information), budgetary information,
business plans, strategy and marketing, salary information,
pricing information, and agreements with employees and
“Legend” as used herein shall mean a stamp or
similar insignia stating “CONFIDENTIAL”
“HIGHLY CONFIDENTIAL - ATTORNEY CLIENT
PRIVILEGED” or “OUTSIDE ATTORNEYS' EYES
reference is made in this Stipulated Protective Order to any
document or Party, the singular shall include the plural, and
plural shall include the singular.
“Outside Counsel” means (i) outside attorneys who
appear on the pleadings or docket for the Action as
counsel-of-record for a Party, (ii) partners and associates
of the law firms of such attorneys to whom it is reasonably
necessary to disclose Confidential information for the Action
and who receive Confidential information.
“Outside Attorneys' Eyes Only” shall mean
only to be reviewed by Outside Counsel.
DESIGNATION OF INFORMATION AND DOCUMENTS
any document or thing produced under this Stipulated
Protective Order is designated as CONFIDENTIAL, HIGHLY
CONFIDENTIAL - ATTORNEY CLIENT PRIVILEGED or OUTSIDE
ATTORNEYS' EYES ONLY, 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.
Producing Party may designate documents, information or
material as CONFIDENTIAL, HIGHLY CONFIDENTIAL - ATTORNEY
CLIENT PRIVILEGED or OUTSIDE ATTORNEYS' EYES ONLY, only
upon a good faith belief that the documents, information, or