United States District Court, D. Nevada
STATE FARM FIRE AND CASUALTY COMPANY, as subrogee of Troy Daigneau, Plaintiff,
CUBE ELECTRONICS CO., LTD. a/k/a Cube Shenzhen Electronics Tech Co., Ltd.; AMAZON.COM INC.; BIKE REVOLUTION BIKE SHOP d/b/a Elite Cycle & Sports; MEGA SINAI, LLC; and DOES 1 through X, inclusive, Defendants.
Morris, NV Bar No. 1543 Jean-Paul Hendricks, NV Bar No. 10079
Attorneys for Defendant Amazon.com, Inc.
(PROPOSED) REVISED STIPULATED
and defendants Amazon.com, Inc. ("Amazon") and Bike
Revolution Bike Shop d/b/a Elite Cycle & Sports
("Bike Revolution") (defendants Cube Electronics
Co., LTD and Mega Sinai, LLC have not appeared) contemplate
that discovery will involve information and documents that
contain personal medical and financial information, trade
secrets, proprietary or competitively sensitive financial and
business information, and other private or confidential
information. Plaintiff, Amazon.com, and Bike Revolution
hereby stipulate to the following stipulated protective order
and request entry of this order to establish procedures to
enable the parties to obtain discovery of such information
and documents; to protect against public disclosure; and to
promptly resolve disputes over confidentiality.
Court hereby orders:
Scope and Application of Protective Order.
Protective Order governs all documents, information, or other
material that is designated "Confidential
Information" as defined herein, and that is produced in
connection with this litigation by any person or entity (the
"producing party") to any other person or entity
(the "receiving party"), regardless whether the
person or entity producing or receiving the Confidential
Information is a party.
Information. "Confidential Information" means any
information that is private, confidential, or proprietary,
including the following representative but non-exclusive
• taxes and other financial records
• accounting or financial statements (not including
publicly available financial statements)
• trade secrets
• commercial, financial, pricing, budgeting, revenue,
profit, or accounting information
• information about existing and potential customers
• marketing studies and projections
• business strategies, decisions, or negotiations
• compensation, evaluations, and employment information
• proprietary information about affiliates, parents,
subsidiaries, and third-parties with
• whom the parties have or have had business
• any other information whose disclosure could cause an
invasion of privacy or
• competitive business harm.
protective order is warranted because Confidential
Information derives value from not being publicly known, and
public disclosure could lead to serious and unwarranted
term "documents" includes all information or
communications in any written or electronic form, regardless
of format, and includes visual depictions such as
Designation of Confidential Information.
Good Faith Claims.
claims of confidentiality and objections to those claims must
be made under a good faith belief that the information
satisfies (or, in the case of objections, does not satisfy)
the definition of Confidential Information.
producing documents that it believes constitute or contain
Confidential Information shall label the documents with the
following legend or something substantially similar to
clearly advise of the confidential nature of the contents:
I CONFIDENTIAL: Subject to Protective Order in I No.
2:17-cv-02109-JCM-GWF in the United States District Court for
the District of Nevada
label shall not obliterate or obscure the contents. If a
document containing Confidential Information is produced in
native format, the file name shall contain the term
"Confidential Information" or otherwise clearly
indicate that it contains information subject to this Order.
If any person or party makes copies of documents designated
as containing Confidential Information, each copy must be
marked as containing Confidential Information in the same
form as the original document.
producing documents that are stored on data storage devices
shall designate the data storage device as containing
Confidential Information, by labeling the data storage device
and files as described above. If the receiving party or other
persons or entities to whom disclosure is authorized under
this order make a copy of any data storage device designated
by the producing party as containing Confidential
Information, the receiving party or other authorized person
shall mark each copy as containing Confidential Information
in the same form as the notice on the original data storage
device. If the receiving party or ...