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T.R.P. Co. Inc. v. Similasan Ag

United States District Court, D. Nevada

January 11, 2018

T.R.P. Company, Inc., Plaintiff/Counter-Defendant,
v.
Similasan AG and Similasan Corporation. Defendants/Counter-Claimants.

          DICKINSON WRIGHT PLLC Michael N. Feder VENABLE LLP Daniel S. Silverman (Pro Hac Vice), Meaghan H. Kent (Pro Hac Vice) Attorneys for Plaintiff T.R.P. Company, Inc.

          BROWNSTEIN HYATT FARBER SCHRECK, LLP Michael D. Rounds CROWELL & MORING LLP Michelle Gillette (Pro Hac Vice), Christopher Cole (Pro Hac Vice) Counsel for Defendants SIMILASAN CORPORATION AND SIMILASAN AG

          [PROPOSED] STIPULATED PROTECTIVE ORDER

         Pursuant to Federal Rule of Civil Procedure 26(c), T.R.P. Company, Inc., Similasan Corporation, and Similasan AG (individually, a “Party” and jointly, the “Parties”), by and through their respective counsel of record, hereby submit this stipulated protective order and request entry thereof.

         I. Intent of Agreement

         1. This agreement is referred to herein as the “Stipulation.” The Parties anticipate exchanging and filing with the court information a Party or any other person considers to be Confidential or Highly Confidential Information - Attorneys' Eyes Only in this litigation. The Parties wish to agree on methods of protecting such information from disclosure.

         2. Notwithstanding any provision in this Stipulation seemingly to the contrary, no Party concedes that any information designated by any other Party or other person as “Confidential” or “Highly Confidential” does in fact contain or reflect Confidential or Highly Confidential Information - Attorneys' Eyes Only. Furthermore, the failure of a Party to contest another Party or other person's designation of information as “Confidential” or “Highly Confidential” under this Stipulation shall not operate as a concession or an admission that such information does in fact contain, reflect, or otherwise constitute Confidential or Highly Confidential Information - Attorneys' Eyes Only. However, information designated as “Confidential” or “Highly Confidential” shall be handled in accordance with terms of this Stipulation.

         II. Definitions

         3. “Confidential Information” is information whose disclosure might injure a Party's or other person's business interests including, without limitation, non-public financial information, research information, marketing, strategic, or other future planning information, contracts, internal communications, customer or supplies lists, or other commercially sensitive information. “Confidential Information” also includes personal identifying information such as Social Security numbers or birth dates.

         4. “Designating Party” is a Party or that designates information or items that it produces in disclosures or in responses to discovery as “Confidential Information” or “Highly Confidential Information - Attorneys' Eyes Only.

         5. “Highly Confidential Information - Attorneys' Eyes Only” means that subset of “Confidential Information” as defined in paragraph 3 above that includes the most sensitive information, 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 including but not limited to the following: (1) financial information such as pricing, costs, profits, and revenues; (2) strategic and business plans, including but not limited to information relating to business acquisitions and related due diligence materials; (3) contracts and licenses with third parties and all related agreements and negotiation materials; and (4) such other documents, information, or materials that the producing Party reasonably believes is of such nature and character that the unauthorized disclosure of such information could irreparably injure the producing Party.

         6. “Document” shall include any written, typed, or printed matter of any kind, sound recordings, electronic data and other electronically-stored information, photographs, video, or any other information contained in a fixed or electronic media.

         7. “Party” shall mean, individually, T.R.P. Company, Inc., Similasan Corporation and Similasan AG and any other person who specifically adopts this “Stipulation” with the written consent of all other signatories to the Stipulation at the time of such adoption.

         8. “Parties” shall mean collectively every “Party.” 9. “Person” means any natural person or entity other than a Party.

         10. “Professional Vendors” shall mean 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

         III. Use and Disclosure of Confidential and Highly Confidential Information - Attorneys' Eyes Only

         11. Confidential and Highly Confidential Information - Attorneys' Eyes Only shall only be used for the instant litigation and any appeals thereof, as further restricted herein. Confidential and Highly Confidential Information - Attorneys' Eyes Only shall not be used for any business or other purposes whatsoever by a recipient. Confidential and Highly Confidential Information - Attorneys' Eyes Only shall not be disclosed by the recipient to anyone other than as permitted in this Stipulation.

         12. This Stipulation does not apply to information that becomes generally available to the public through voluntary disclosure by the Party or other person whose information is disclosed or through other lawful and proper means. Nothing in this Stipulation shall restrict the use or disclosure by a Party or other person of its own Confidential or Highly Confidential Information - Attorneys' Eyes Only or of Confidential or Highly Confidential Information - Attorneys' Eyes Only that has been designated as such only by the Party or other person using or disclosing such Confidential or Highly Confidential Information - Attorneys' Eyes Only.

         IV. Marking Confidential and Highly Confidential Information - Attorneys' Eyes Only

         13. Each 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, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case development process or to impose unnecessary expenses and burdens on other parties) may expose the Designating Party to sanctions.

         14. Documents and other media deemed by the disclosing Party in good faith as containing, reflecting, or otherwise constituting Confidential or Highly Confidential Information ...


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