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Novva Ausrustung Group, Inc. v. Kajioka

United States District Court, D. Nevada

October 24, 2017

NOVVA AUSRUSTUNG GROUP INC., Plaintiff,
v.
DEAN KAJIOKA, Defendant.

          KRAVITZ, SCHNITZER & JOHNSON, CHTD. MARTIN J. KRAVITZ, ESQ., #83 ADAM J. WAX, Esq., #12126 Attorneys for Defendant Dean Kajioka

          BROWNSTEIN HYATT FARBER SCHRECK, LLP ADAM K. BULT, ESQ., Nevada Bar No. 9332 EMILY A. ELLIS, ESQ., Nevada Bar No. 11956 ERIC D. HERSCHMANN, ESQ. (pro hac vice) MICHAEL P. BOWEN, ESQ. (pro hac vice) OLGA L. FUENTES-SKINNER, ESQ. (pro hac vice) MARISSA E. MILLER, ESQ. (pro hac vice) KASOWITZ BENSON TORRES LLP Attorneys for Plaintiff Novva Ausrustung Group Inc.

          STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND INADVERTENT DISCLOSURE

          CAM FERENBACH UNITED STATES MAGISTRATE JUDGE.

         Plaintiff, NOVVA AUSRUSTUNG GROUP, INC. (“Plaintiff”), and Defendant DEAN KAJIOKA (“Defendant, ” and together with Plaintiff, the “Parties, ” and each a “Party”) recognize that certain documents and information produced or to be produced during discovery in the above action should be kept confidential, within the meaning of FED. R. CIV. P. 26(c), in order to protect the legitimate business interests of the parties and the legitimate business interests of third parties from whom discovery will be sought.

         Therefore, IT IS HEREBY STIPULATED AND AGREED by and among the Parties, through their undersigned counsel, that the following procedures shall govern document disclosure and production in the above-entitled action (the “Action”).

         1. Types of Materials That May Be Designated

         1.1 This Protective Order shall govern all documents and other products of discovery including any documents, things, answers to interrogatories, responses to requests for admission, deposition testimony, deposition transcripts and exhibits, other responses to requests for information, or other written information, produced in response to discovery requests in this Action by Parties (hereafter, collectively, “Discovery Material”). In connection with discovery proceedings in this Action, any supplying party -- whether a Party or third party -- (each, a “Supplying Party”) may designate non-public documents, material, or information as “CONFIDENTIAL”, or “HIGHLY CONFIDENTIAL” (collectively referred to as “Protected Material”).

         (a) Any Supplying Party from whom discovery is sought in connection with this Action, may designate as “CONFIDENTIAL” any Discovery Material that the Supplying Party reasonably and in good faith believes contains confidential information within the meaning of Fed.R.Civ.P. 26(c)(1)(G) used by it in, or pertaining to, its business and/or operation, and that is not generally known, and which that Supplying Party would not normally reveal to third parties or, if disclosed, would require such third parties to maintain in confidence;

         (b) Any Supplying Party from whom discovery is sought in connection with this Action, may designate as “HIGHLY CONFIDENTIAL” any Discovery Material that the Supplying Party reasonably and in good faith believes to contain particularly sensitive business, financial, market or other proprietary information, the disclosure of which information is likely to have the effect of causing harm to the Supplying Party.

         1.2 Any copies or reproductions, excerpts, summaries, or other documents or media that paraphrase, excerpt, or contain Discovery Material that has been designated as “HIGHLY CONFIDENTIAL” or “CONFIDENTIAL” will also be treated as such pursuant to this Protective Order.

         1.3 A Supplying Party shall not designate as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” any Discovery Material that:

         (a) Has been or become lawfully in the possession of the receiving party without being subject to a confidentiality obligation;

         (b) Is independently developed by the receiving party.

         1.4 Nothing herein shall impose any restriction on the use or disclosure by a Party or a third-party of its own documents or information.

         2. Designation of Confidential Information

         2.1 Any Discovery Material produced in this Action that is to be designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” may be so designated by the Supplying Party by providing copies of the Discovery Materials so designated that are stamped with the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL, ” as appropriate, on each page of each document so designated, in a manner that will not interfere with the legibility of the document. Where such page-by-page designations are impossible or infeasible, the Supplying Party may designate Discovery Material through other means reasonably calculated to give the receiving party notice that the Discovery Material contains confidential information -- such as including the term “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” in the filename of an electronic document produced in native format.

         2.2 The Parties agree to treat as Protected Material under this Protective Order any Discovery Material produced by a third party if: (1) the third party designates the Discovery Material “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”; or (2) either Party designates the Discovery Material “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL, ” by informing all Parties of such designation in writing. Parties receiving written notice of such designation by a Party shall either direct the designating Party to reproduce the Discovery Material with the new designations, or affix the specified designation to the relevant pages of any copy or copies of such Discovery Material in their possession and shall treat the designated Discovery Material in accordance with the terms of this Protective Order. If the receiving Party directs the designating Party to reproduce the Discovery Material containing the new designations, the receiving Party agrees to destroy the prior set.

         2.3 In the event a Party may make available certain of its files for inspection by the other Party, which files may contain non-confidential material as well as material that may be subject to protection under this Protective Order, with the intent that following such inspection the inspecting party will designate certain of the inspected documents to be copied and furnished to it, such files need not be marked with either confidentiality designation in advance, but shall all be treated as HIGHLY CONFIDENTIAL materials. Only those persons identified in paragraph 4.2 below as permitted to view HIGHLY CONFIDENTIAL material may be present at any such inspection. When the Supplying Party copies the documents to furnish to the inspecting party, the Supplying Party shall mark them with the appropriate confidentiality designation to the extent warranted under paragraph 1.2.

         2.4 With respect to any deposition testimony, any Party or third party may designate as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” those portions of a transcript (including exhibits) that such Party or third party believes in good faith merit protection as CONFIDENTIAL or HIGHLY CONFIDENTIAL by stating orally on the record of a deposition what portion of information, exhibits, or testimony is to be so designated, or by designating portions of the deposition transcript as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” within thirty (30) business days after that counsel has received the final deposition transcript from opposing counsel or the stenographic reporter. All information disclosed during a deposition shall be treated as HIGHLY CONFIDENTIAL until the expiration of such thirty (30) business day period, whether or not any portion of the transcript was designated previously, and thereafter shall remain CONFIDENTIAL or HIGHLY CONFIDENTIAL, as applicable, if so designated. No person shall be present during any portion of any deposition designated at the deposition as “CONFIDENTIAL” or any portion of any deposition wherein CONFIDENTIAL Discovery Material is disclosed unless that person is authorized to receive CONFIDENTIAL Discovery Material under the terms of this Protective Order. No person shall be present during any portion of any deposition designated at the deposition as “HIGHLY CONFIDENTIAL” or any portion of any deposition wherein HIGHLY CONFIDENTIAL Discovery Material is disclosed unless that person is authorized to receive HIGHLY CONFIDENTIAL Discovery Material under the terms of this Protective Order.

         3. ...


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