United States District Court, D. Nevada
S. PARKER (SBN 10181) RYAN W. LEARY (SBN 11630) LAXALT &
NOMURA, LTD. Attorneys for Plaintiff, Hartford Fire Insurance
& Graham, P.A. Susan M. Hogan Counsel for Plantiff
Hartford Fire Insurance Company
D. Herold (SBN 7378) Nicholas B. Selerno (SBN 6118) Consel
for Defendant Insurance Company
STIPULATION FOR JOINT PROTECTIVE ORDER
and Defendant, by and through their respective counsel of
record, hereby stipulate to the following Joint Protective
Order, subject to the approval by the Court.
recognized that certain information likely to be produced and
discussed in this litigation deserves protection under
Federal Rule of Civil Procedure 26(c) because the information
may contain confidential, personal, commercial, or financial
information which is proprietary in nature and therefore
deserving of protection from disclosure and dissemination.
This Protective Order is intended to govern the use and
dissemination of this confidential information which may be
contained in documents and discovery material produced by the
parties, whether informally or formally in response to
interrogatories, requests for admissions, requests for
production of documents, or obtained or submitted to the
Court through affidavit, designated record or other
testimony, including deposition testimony, or otherwise
obtained or submitted in this action.
Definition of Confidential Information.
information shall be designated as such at time of production
or as soon as practicable and should be limited to any
information which a party reasonably and in good faith
believes to contain or disclose confidential, or proprietary
personal or business information of the party or of a third
party, that could not be independently obtained, and/or
confidential, personal or business information, the
disclosure of which might reasonably pose a commercial
disadvantage to the owner or custodian of the information.
Limitation on Designation of Information.
parties shall only designate information that is confidential
if they have a reasonable and good faith belief that the
information should, in fact, be so designated. If the Court
later determines that the parties did not act reasonably or
in good faith in making such a designation, the Court shall
award to the party opposing the designation that party's
reasonable attorneys' fees in disputing the designation;
provided, however, that no party may challenge such a
designation unless and until that party has first made a
reasonable good faith attempt to resolve the matter
informally with the designating party.
Method of Document Designation.
containing Confidential Information may be so designated at
the point of production or as soon thereafter as is
Designation of Deposition Testimony.
testimony that the parties reasonably believe will contain
Confidential Information shall only be taken in the presence
of the persons entitled to such information under this Order.
Where practical, the record shall identify those portions
which relate to Confidential Information and that information
will be identified as such at the time the deposition is
taken. At the request of the party claiming confidentiality,
the parties may make arrangements with the court reporter so
that the portion of the transcription in question can be
separately bound and labeled as confidential.
Method of Exhibit Designation.
introduced at a deposition that contain Confidential
Information may be so designated by making a statement to
that effect on the record at the time of their introduction.
Exhibits designated as containing Confidential Information
shall be placed in sealed containers and/or filed under seal
prior to being placed in the Court file or otherwise placed
in the public record. At the request of the party claiming
confidentiality, the exhibits designated as containing
Confidential Information shall be placed in ...