United States District Court, D. Nevada
M. Cram Daniel Dastup CRAM VALDEZ BRIGMAN & NELSON
Attorneys for Plaintiff.
G. Cereghini Curtis J. Busby BOWMAN AND BROOKE LLP Attorneys
for Defendants American Honda Motor Co., Inc. and Honda of
America Mfg., Inc.
W. Mash LAW OFFICES OF GREG W. MARSH Co-Counsel for
Defendants American Honda Motor Co., Inc. and Honda of
America Mfg., Inc.
STIPULATED CONFIDENTIALITY AND PROTECTIVE
A. Leen United States Magistrate Judge.
to the Federal Rules of Civil Procedure, and with the consent
of the parties in the above-captioned litigation ("the
Litigation"), and good cause appearing, IT IS HEREBY
"Party" shall mean all named Parties to any action
in this Litigation, including any named Party added or joined
to this Litigation. This Order governs the handling of
documents, depositions, deposition exhibits, interrogatory
responses, responses to requests for disclosure, responses to
requests for admissions, responses to requests for production
of Documents, and all other discovery obtained in this
Litigation (hereinafter "Discovery Material") to
the extent they contain CONFIDENTIAL or HIGHLY CONFIDENTIAL
information as defined in this ORDER. "Producing
Party" shall refer to the Party that gives testimony or
produces Discovery Material; the "Designating
Party" is the Party who designates information under
this Order (who can be the Producing Party or another Party
or Third Party); and "Receiving Party" shall refer
to the Parties that receive the Discovery Material. This
Order shall also apply to production of Discoveiy Material
from Third Parties, if so elected by the Third Parties as
provided in Paragraph 10 and to the extent documents produced
by Third Parties include COVERED INFORMATION of any Party
OF PROTECTED MATERIAL
Designation of Material as "CONFIDENTIAL" or
"HIGHLY CONFIDENTIAL: Any Producing Party may designate
its Discovery Material (or its confidential information
contained in another party's Discovery Material) as
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL"
if the Producing Party in good faith believes it contains
COVERED INFORMATION as defined below.
"CONFIDENTIAL Material" means any Discovery
Material that contains confidential or sensitive non-public
information, including business, commercial, technical,
marketing, planning, personal, research, or financial
information of any Party or Third Party, and which has been
designated CONFIDENTIAL for purposes of this Litigation.
"HIGHLY CONFIDENTIAL Material" means any Discovery
Material that a Party or Third Party reasonably believes to
be economically or competitively sensitive and that warrants
the extra layer of protection described below. By way of
example, and not limitation, "HIGHLY CONFIDENTIAL
Material" includes strategic planning information;
negotiation strategies; proprietary software or systems;
proprietary edits or customizations to software; pricing
information; non-public product design or testing information
or extremely sensitive, highly confidential, non-public
information, consisting either of trade secrets or
proprietary or other highly confidential business, financial,
regulatory, or strategic information, the disclosure of which
would create a substantial risk of competitive or business
injury to the Designating Party.
"CONFIDENTIAL Material" and "HIGHLY
CONFIDENTIAL Material" shall not include information
that has been intentionally publicly disclosed by the
Designating Party, and shall not include documents, data or
materials that have been submitted to any government agency
intentionally and ultimately without any request for
"CONFIDENTIAL Material" and "HIGHLY
CONFIDENTIAL Material" are collectively defined as
Party or Third Party may designate Discovery Material as
COVERED INFORMATION in the following manner:
a. TIFF Documents: In the case of documents or other
materials (apart from depositions or other pre-trial
testimony), by affixing the appropriate legend to each page
of the document.
b. Native Documents: With respect to documents produced in
native format, by including the designation in the file name.
c. Depositions: In the case of depositions or other pre-trial
testimony, by designating the portion of the transcript on
the record during the deposition or by written notice served
on counsel of record in this Litigation within thirty days
after the receipt of the transcript ("transcript"
does not include an ASCII or rough transcript). Before the
thirty-day period expires, the testimony shall be treated as
HIGHLY CONFIDENTIAL Material.
d. Non-Written Materials. In the case of non-text COVERED
INFORMATION (e.g., videotape, audio tape, computer disk), by
labeling the outside of the material with the designation.
Production of COVERED INFORMATION Without Designations: The
failure to designate Discovery Material as CONFIDENTIAL
Material or HIGHLY CONFIDENTIAL Material does not constitute
a waiver and may be remedied by prompt written notice upon
discovery of the failure.
Counter Designations of COVERED INFORMATION: Any Party may
designate, or counter-designate with a higher designation,
Discovery Material produced by any Party or Third Party if
the materials contain or are derived from that Party's
own COVERED INFORMATION. If a Party counter-designates, the
Party shall notify the Producing Party in writing of the
counter-designation, and the Producing Party will then
re-produce the COVERED INFORMATION with the requested
confidentiality designation to all Parties who received the
Notice to Non-Parties: Any Party issuing a subpoena to a
non-party shall enclose a copy of this Protective Order with
a request that, within fourteen (14) days of receipt, the
nonparty either agree to the terms of this Protective Order
or notify the issuing ...