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Douglas v. Dreamdealers USA, LLC

United States District Court, D. Nevada

July 12, 2018

EDWARD B. DOUGLAS, an individual, Plaintiffs,
DREAMDEALERS USA, LLC d/b/a EXOTICS RACING, A Nevada limited liability company, DAVID PERISSET, an individual, and ROMAN THIEVIN, an individual, Defendant.

          DUSTIN L. CLARK, ESQ. CLARK LAW COUNSEL PLLC Attorney for Plaintiff

          WENDY M. KRINCEK, ESQ. MARCUS B. SMITH, ESQ. LITTLER MENDELSON, P.C. Attorneys for Defendants


         IT IS HEREBY STIPULATED AND AGREED by and between Defendants DREAMDEALERS USA LLC DBA EXOTICS RACING, DAVID PERISSET and ROMAN THIEVIN (“Defendants”), by and through their counsel of record, and Plaintiff EDWARD B. DOUGLAS (“Plaintiff”), by and through his counsel of record, that the following Protective Order (the “Order”) should be entered in this matter, as a matter of good cause, in order to facilitate the exchange of information and documents which may contain material of a confidential, trade secret, or proprietary nature:


         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, the Parties 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, but only to those designated as such, in accordance with this Order. The Parties further acknowledge, as set forth in Section 12.3, below, that this Stipulated Protective Order does not automatically entitle them to file confidential information under seal; Local Rule IA 10-5 sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal.

         1.1 No. Admission. The designation by a Disclosing Party of material as Confidential Information or Protected Material is intended solely to facilitate the preparation and resolution of this Action. Such designation is not an admission by any Party that the designated disclosure constitutes or contains any Confidential Information or Protected Material. Disclosure of Confidential Information or Protected Material is not a waiver of any right of the Receiving Party to object to admissibility.

         2. DEFINITIONS

         2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.

         2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c), including, but not limited to, non-public financial or tax information and information related to business plans and operations.

         2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff).

         2.4 Designating Party: 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.” 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.

         2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action, (2) is not a past or current employee of a Party or of a Party's competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party's competitor.

         2.7 “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY” Information or Items: extremely sensitive “CONFIDENTIAL” Information or Items, 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.

         2.8 House Counsel: attorneys who are either employees of a party to this action or retained by a party to this action, but are not Outside Counsel of Record in this matter.

         2.9 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action.

         2.10 Outside Counsel of Record: attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this action on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.

         2.11 Party and/or the Parties: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Counsel (and their support staffs).

         2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action.

         2.13 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.

         2.14 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL, ” or as “HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY.”

         2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.

         3. SCOPE

         The protections conferred by this Stipulation and 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, including but not limited to those included in discovery responses and requests, motion papers, including responses and replies; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected Material or which reproduce, paraphrase, summarize, or otherwise contain Protected Material. However, the protections conferred by this Stipulation and Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party, as a result of publication or disclosure not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.

         4. DURATION

         Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law.


         5.1 Exercise of Restraint and Care in Designating Material for Protection. Each 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. 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 discouraged. Designations that are adjudicated as 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 ...

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