United States District Court, D. Nevada
Christopher Hellmich (appearing pro hac vice) HELLMICH LAW
GROUP, PC Joel Z. Schwarz DICKINSON WRIGHT, PLLC Attorneys
for Plaintiff U.S. A. DAWGS, INC.
Michael A. Berta ARNOLD & PORTER KAYE SCHOLER LLP Three
Embarcadero Center Attorneys For Defendants, CROCS, INC, KIM
EAWRIE, KELLY GRAY, and ERIK RUFER.
STIPULATED PROTECTIVE ORDER
to Federal Rule of Civil Procedure 26, Plaintiff U.S.A.
Dawgs, Inc., Defendants Crocs, Inc., Kim Lawrie, Erik Rufer,
and Kelly Gray (each individually, a "Party";
collectively, "the Parties") hereby stipulate and
agree, and request that the Court enter, the following
Protective Order governing the production and use of
confidential information in this action.
PURPOSES AND LIMITATIONS
and discovery activity in this action are likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any purpose other than
prosecuting this litigation may be warranted. The Parties
acknowledge that this Order does not confer blanket
protections on all disclosures or responses to discovery and
that the protection it affords from public disclosure and use
extends only to the limited information or items that are
entitled to confidential treatment under the applicable legal
principles. The Parties further acknowledge that this
Stipulated Protective Order does not entitle them to file
confidential information under seal; LRIA 10-5 sets forth the
procedures that must be followed and the standards that will
be applied when a party seeks permission from the court to
file material under seal.
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
"CONFIDENTIAL" Information or Items:
information (regardless of how it is generated, stored or
maintained) or tangible things that qualify for protection
under Federal Rule of Civil Procedure 26(c). A Party shall
designate documents, information or material as
"CONFIDENTIAL" only upon a good faith belief that
the documents, information, or material contains confidential
or proprietary information or trade secrets of the Party or a
Third Party to whom the Party reasonably believes it owes an
obligation of confidentiality with respect to such documents,
information or material.
Counsel: Outside Counsel of Record, and House
Counsel (as well as their support staff).
Designating Party: A Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -
ATTORNEYS' EYES ONLY."
Disclosure or Discovery Material: All items or
information, regardless of the medium or manner in which it
is generated, stored, or maintained (including, among other
things, testimony, transcripts, and tangible things), that
are produced or generated in disclosures or responses to
discovery in this matter.
Expert: A person with specialized knowledge or
experience in a matter pertinent to the litigation who (1)
has been retained by a Party or its counsel to serve as an
expert witness or as a consultant in this action, (2) is not
a past or current employee of a Party or of a Party's
competitor, and (3) at the time of retention, is not
anticipated to become an employee of a Party or of a
"HIGHLY CONFIDENTIAL - ATTORNEYS' EYES
ONLY" Information or Items: Extremely sensitive
"Confidential Information or Items, " disclosure of
which to another Party or Non-Party would create a
substantial risk of serious harm that could not be avoided by
less restrictive means.
House Counsel: Attorneys who are employees of a
party to this action. House Counsel does not include Outside
Counsel of Record or any other outside counsel.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: attorneys who are not
employees of a party to this action but are retained to
represent or advise a party to this action and have appeared
in this action on behalf of that party or are associated with
a law firm which has appeared on behalf of that party.
Party: any party to this action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this action.
Professional Vendors: persons or entities that
provide litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
Protected Material: any Disclosure or Discovery
Material that is designated as "CONFIDENTIAL, " or
as "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
protections conferred by this Stipulation and Order cover not
only Protected Material (as defined above), but also: (1) any
information copied or extracted from Protected Material; (2)
all copies, excerpts, summaries, or compilations of Protected
Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal
Protected Material. However, the protections conferred by
this Stipulated Order do not cover the following information:
(a) any information that is in the public domain at the time
of disclosure to a Receiving Party or becomes part of the
public domain after its disclosure to a Receiving Party as a
result of publication not involving a violation of this
Order, including becoming part of the public record through
trial or otherwise; and (b) any information known to the
Receiving Party prior to the disclosure or obtained by the
Receiving Party after the disclosure from a source who
obtained the information lawfully and under no obligation of
confidentiality to the Designating Party. Any use of
Protected Material at trial shall be governed by a separate
agreement or order.
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect, except with respect to those documents and
information that become a matter of public record, until a
Designating Party agrees otherwise in writing or a court
order otherwise directs. Final disposition shall be deemed to
be the later of: (1) dismissal of all claims and defenses in
this action, with or without prejudice; and (2) final
judgment herein after the completion and exhaustion of all
appeals, rehearings, remands, trials, or reviews of this
action, including the time limits for filing any motions or
applications for extension of time pursuant to applicable
DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating Material
Party or Non-Party that designates information or items for
protection under this Order must take care to limit any such
designation to specific material that qualifies under the
appropriate standards. To the extent it is practical to do
so, the Designating Party must designate for protection only
those parts of material, documents, items, or oral or written
communications that qualify - so that other portions of the
material, documents, ...