United States District Court, D. Nevada
NEILSON P.C. Kaleb D. Anderson (Bar No. 7582) Lisa J. Zastrow
(Bar No. 9727) Allison V. Saunders (Bar No. 220010) Angela S.
Fontana (Bar No. 287398) FORD & HARRISON LLP Admitted Pro
Hac Vice Attorneys for Defendants
GOLDEN LAW FIRM Anthony B. Golden (Bar No. 9563) Puneet K.
Garg (Bar No. 9811) 3145 St. Rose Parkway, Ste. 320
Henderson, Nevada 89052 Attorneys for Plaintiff
Garner An employee of Ford & Harrison LLP
JOINT STIPULATION AND [PROPOSED] PROTECTIVE
HOFFMAN, JR. UNITED STATES MAGISTRATE JUDGE
PURPOSES AND LIMITATIONS
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 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 12.3, below, that this Stipulated Protective Order
does not entitle them to file confidential information under
seal; Local Rule of Practice 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.
Challenging Party: A Party or Non-Party that challenges the
designation of information or items under this Order.
“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 information that
contains trade secrets, confidential or proprietary business
or financial information, confidential personal, personnel or
health information, or other non-public information, which is
entitled to confidential treatment under the applicable law.
Counsel (without qualifier): Outside Counsel of Record and
In-House Counsel and their support staff.
Designating Party: A Party or Non-Party that designates
information or items that it produces in disclosures or in
responses to discovery as “CONFIDENTIAL.” 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,
documents, e-mails, testimony, transcripts, and tangible
things), that are produced or generated in disclosures or
responses to discovery in this matter.
Expert: A person with specialized knowledge or experience in
a matter pertinent to the litigation who has been retained by
a Party or its counsel to serve as an expert witness or as a
consultant in this action.
In-House Counsel: Attorneys other than Outside Counsel of
Record who are either employees of a Party to this action or
are otherwise retained by a Party to this action for purposes
of prosecuting, defending or attempting to settle this
litigation (and their support staff).
Non-Party: Any natural person, partnership, corporation,
association, or other legal entity not named as a Party to
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 (and their
Party: Any party to this action, including all of its
officers, directors, employees, consultants, retained
experts, insurers, In-House Counsel, Outside Counsel of
Record and their support staff.
Producing Party: A Party or Non-Party that produces
Disclosure or Discovery Material in this action.
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.
Protected Material: Any Disclosure or Discovery Material that
is designated as “CONFIDENTIAL.”
Receiving Party: A Party that receives Disclosure or
Discovery Material from a Producing Party.
protections conferred by this Stipulated Protective 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; and (3) any testimony,
conversations, or presentations by Parties or their Counsel
that might reveal Protected Material. However, the
protections conferred by this Stipulated Protective 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 not involving a violation of this Order or other
obligation of confidentiality, 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.
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, re-hearings, 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.
DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating Material for
Protection. The Designating Party shall have the right to
designate as “CONFIDENTIAL” any documents, video,
images, testimony, tangible thing, or other information that
the Designating Party in good faith believes to contain trade
secrets, confidential or proprietary business or financial
information, confidential personal, personnel or health
information, or other non-public information that is entitled
to confidential treatment under the applicable law.
Designating Party must take care to limit any such
designation to specific material that qualifies under the
appropriate standards. 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