United States District Court, D. Nevada
Scott Bogatz, Kerry E. Kleiman REID RUBINSTEIN & BOGATZ
Bank of America Plaza Bryan A. Merryman (Pro Hac Vice)
Catherine Simonsen (Pro Hac Vice) WHITE & CASE LLP Claire
DeLelle (Pro Hac Vice) WHITE & CASE LLP Attorneys for
Plaintiff V5 Technologies, LLC, d/b/a Cobalt Data Centers
the Court is the Parties' Stipulated Protective Order,
which the Court being fully advised as to the same, it is
hereby ORDERED. The protections afforded in this Protective
Order also apply to any third party producing documents or
electronically stored information in this action.
STATEMENT OF PURPOSE
in this litigation could 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. Such confidential and proprietary materials and
information consist of, among other things, confidential
business or financial information, information regarding
confidential business practices, or other confidential
research, development, or commercial information (including
information implicating privacy rights of third parties), or
information otherwise generally unavailable to the public.
Accordingly, to expedite the flow of information, to
facilitate the prompt resolution of disputes over
confidentiality of discovery materials, to adequately protect
information the parties are entitled to keep confidential, to
ensure that the parties are permitted reasonable necessary
uses of such material in preparation for and in the conduct
of trial, to address their handling at the end of the
litigation, and to serve the ends of justice, a protective
order for such information is justified in this matter.
Action: The above-captioned action.
“CONFIDENTIAL” Information or Items: information
(regardless of how it is generated, stored or maintained) or
tangible things that may reveal a trade secret, or other
confidential research, development, financial, or other
information: (1) that is not commonly known by or available
to the public and derives value, actual or potential, from
not being generally known to, and not being readily
ascertainable by proper means by, other persons who can
obtain value from its disclosure or use; (2) that contains
protected personally identifiable information; or (3) any
other material that is confidential pursuant to applicable
“HIGHLY CONFIDENTIAL INFORMATION”: passwords,
technical design specifications, equipment serial numbers,
equipment model numbers, IP addresses, and social security
numbers. The parties agree that the producing party may
redact Highly Confidential Information by redacting such
information and replacing it with a box that reads:
“Highly Confidential Information, ” subject to
the receiving party's right to challenge the redaction.
To the extent a party challenges another party's
redaction and the Court orders disclosure, the parties will
work in good faith to agree on the handling of such Highly
Counsel: Outside Counsel of Record and In-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.” 2.5
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 and/or Consultants: a person with specialized
knowledge or experience in a matter pertinent to the
litigation, along with his or her support staff, who has been
retained by a Party or its counsel to serve as an expert
witness or as a consultant in the Action.
In-House Counsel: attorneys who are employees of a party to
the Action. In-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: attorneys who are not employees of a party
to this Action but are retained to represent or advise a
party to this Action and includes support staff.
Party: any party to this Action, including all of its
officers, directors, and employees.
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.” 2.14 Receiving
Party: a Party that receives Disclosure or Discovery Material
from a Producing Party.
protections conferred by this 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 reveal Protected Material. Any
use of Protected Material at trial shall be governed by the
orders of the trial judge.
DESIGNATING PROTECTED MATERIAL
Designating Material for Protection.
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 material, documents, items, or
communications for which protection is not warranted are not
swept unjustifiably within the ambit of this Order. If it
comes to a Designating Party's attention that information
or items that it designated for protection do not qualify for
protection, that Designating Party must promptly notify all
other Parties that it is withdrawing the inapplicable
Manner and ...