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Bond Manufacturing Co. Inc. v. Ashley Furniture Industries, Inc.

United States District Court, D. Nevada

May 17, 2018

BOND MANUFACTURING CO., INC., a California corporation, Plaintiff,
v.
ASHLEY FURNITURE INDUSTRIES, INC., a Wisconsin corporation. Defendant.

          Craig Newby, Rory Kay, McDONALD CARANO LLP., Attorneys for Defendant Ashley Furniture Industries, Inc.

          F. Christopher Austin, Weide & Miller, Ltd., Attorneys for Plaintiff Bond Manufacturing Co., Inc.

          STIPULATED [PROPOSED] CONFIDENTIALITY AND PROTECTIVE ORDER

         Disclosure 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, Plaintiff BOND MANUFACTURING CO., INC., a California corporation (“Plaintiff”) and Defendant ASHLEY FURNITURE INDUSTRIES, INC., a Wisconsin corporation (“Defendant”) by and through their respective counsel of record, 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 9 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 when a party seeks permission from the court to file material under seal.

         DEFINITIONS

         1. The term “Confidential Information” shall mean and include information contained or disclosed in any materials, including documents, portions of documents, answers to interrogatories, responses to requests for admissions, trial testimony, deposition testimony, and transcripts of trial testimony and depositions, including data, summaries, and compilations derived therefrom, copies, abstracts, and any other format reproducing or capturing such information, as well as information disclosed orally in connection with settlement or other communications between the parties that qualify for protection under Federal Rule of Civil Procedure 26(c). Pursuant to provisions below, Confidential Information may be designated as either “CONFIDENTIAL, ” or “HIGHLY CONFIDENTIAL- ATTORNEYS' EYES ONLY.”

         2. The term “Designating Party” shall mean a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY.”

         3. The terms “Disclosure” or “Discovery Material” shall mean 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.

         4. The term “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY” shall mean extremely sensitive “Confidential Information, ” the 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, and subject to Paragraph 14(b) below.

         5. The term “Non-Party” shall mean any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

         6. The term “Party” shall mean any party to this action, including all of its officers, directors, employees, consultants, retained experts, and counsel of record (and their support staffs).

         7. The term “Producing Party” shall mean a Party or Non-Party that produces Disclosure or Discovery Material in this action.

         8. The term “Protected Material” shall mean any Disclosure or Discovery Material that is designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY.

         9. The term “Receiving Party” shall mean a Party that receives Disclosure or Discovery Material from a Producing Party.

         10. The term “documents” shall include, but shall not be limited to: documents; correspondence; emails; memoranda; electronically stored information; source code; bulletins; blueprints; specifications; customer lists or other material that identify customers or potential customers; price lists or schedules or other matter identifying pricing; minutes; telegrams; letters; statements; cancelled checks; contracts; invoices; drafts; books of account; worksheets; notes of conversations; desk diaries; appointment books; expense accounts; recordings; photographs; motion pictures; compilations from which information can be obtained and translated into reasonably usable form through detection devices; sketches; drawings; notes (including laboratory notebooks and records); reports; instructions; disclosures; other writings; and models and prototypes and other physical objects.

         11. The term “attorneys” shall mean outside counsel retained or employed by the Parties, paralegals, secretaries, and other support staff of those attorneys, and litigation support vendors utilized by said law firms (only so long as said vendors agree to be bound by the terms of this Protective Order by having an appropriate representative of the vendor execute a copy of the form attached hereto as Exhibit A on behalf of the vendor).

         12. The term “independent expert” shall mean a person with specialized knowledge or experience in a matter pertinent to the case who has been retained by a Party's attorneys to serve as an expert witness or as a litigation consultant in this case, and who is not a current employee of a Party or of a competitor of a Party and who, at the time of retention, is not anticipated to become an employee of, or a non-litigation consultant of a party or competitor of a Party.

         13. The term “non-independent expert” shall mean a person with specialized knowledge or experience in a matter pertinent to the case who has been retained by a party's attorneys to serve as an expert witness or as a litigation consultant in this case, and who does not meet the definition of an independent expert as set forth in paragraph 12.

         GENERAL RULES

         14. Each Party to this litigation that produces or discloses any materials, answers to interrogatories, responses to requests for admission, trial testimony, deposition testimony, and transcripts of trial testimony and depositions, or other materials and/or information that the Producing Party believes should be subject to this Order may designate the same as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY.”

         a. Designation as “CONFIDENTIAL”: Any Party may designate information as “CONFIDENTIAL” only if, in the good faith belief of such Party and its attorneys, the unrestricted disclosure of such material could be potentially prejudicial to the business or operations of such Party. Other than as provided for herein, a Party may designate ...


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