United States District Court, D. Nevada
CARLSON & MESSER LLP Stephen A. Watkins, Esq. (Pro Hac
Vice) Cal. Bar No. 205175 Attorneys for Defendants.
OFFICE OF VERNON NELSON Vernon Nelson, Esq. Bar No. 6434
Attorneys for Plaintiffs.
STIPULATED PROTECTIVE ORDER
AARGON AGENCY, INC. and ARMAND FRIED, ESQ.
("Defendants") and Plaintiffs EUGENE GOLDSMITH,,
(“Plaintiffs"), through their respective counsel
of record hereby file this Stipulated Protective Order as set
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. Accordingly,
the parties hereby stipulate to and petition the court to
enter the following Stipulated Protective Order. 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, as set forth in
Section 12.3, below, that this Stipulated Protective Order
does not entitle them to file confidential information under
seal; Local Rule 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 Order.
“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).
Counsel (without qualifier): 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.”
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 has been retained by
a Party or its counsel to serve as an expert witness or as a
consultant in this action.
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
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 affiliated 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 subcontractors.
Protected Material: any Disclosure or Discovery Material that
is designated as “CONFIDENTIAL.”
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 Stipulation and 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 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 law.
DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating Material for
Protection. Each 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. 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