United States District Court, D. Nevada
LAS VEGAS SKYDIVING ADVENTURES LLC, a Nevada limited-liability company, Plaintiff,
GROUPON, INC., a Delaware corporation, Defendant.
LOWRY LLP, Steven A. Gibson, KRISTINA MILETOVIC, Counsel for
GREENBERG TRAURIG, LLP, Mark E. Ferrario, TYLER ANDREWS,
Counsel for Plaintiff
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE
Las Vegas Skydiving Adventures LLC (“Plaintiff”
or “LV Skydiving”) and Defendant Groupon, Inc.
(“Groupon;” Plaintiff and Groupon, the
“Parties;” Plaintiff or Groupon, a
“Party”), by and through their respective counsel
of record hereby stipulate and agree that the materials to be
exchanged throughout the course of this litigation between
the Parties may contain information that is potentially
protectable pursuant to Federal Rule of Civil Procedure
(“FRCP”) 26(c)(1)(G). The purpose of this
Stipulated Confidentiality Agreement and Protective Order
(the “Order”) is to set forth a protocol
governing the Parties' conduct with respect to the
treatment of such materials. THEREFORE:
following terms shall have the following meanings:
a. “Case” shall mean the above-captioned
b. “Confidential Information” shall mean any
Content that is potentially protectable pursuant to FRCP
26(c)(1)(G) and is designated as confidential in the manner
set forth in this Order.
c. “Content” shall mean all material,
information, knowledge, matter, text, software, data,
graphics, computer-generated displays and interfaces, images,
and works of any nature, including, without limitation, all
compilations of the foregoing and all results and/or
derivations of the expression of the foregoing.
d. “Document” shall mean all Content embodied in
any tangible Media, whether in draft, in final, original or
reproduction, signed or unsigned, and regardless of whether
or not approved, sent, received, redrafted, or executed.
“Document” shall exclude exact duplicates when
originals are available, but shall include all native Media
copies and all copies made different from originals by virtue
of any writings, notations, symbols, characters, impressions,
or any other marks thereon.
e. “Media” shall mean any medium of expression or
medium in or through which Content may be embodied or
Published (whether tangible or intangible, fixed or unfixed),
including, without limitation, written communications,
electronic mail, letters, correspondence, memoranda, notes,
records, returns, voice mail, balance sheets, business
records, photographs, tape or sound recordings, magnetic
disks, read-only memory, random access memory, contracts,
agreements, notations of telephone conversations or in-person
conversations, diaries, desk calendars, reports, computer
records, data compilations of any type or kind, television,
facsimile, telephony, radio, satellite, cable, wire, network,
optical means, electronic means, Internet, intranet,
software, compact disks, digital versatile disks, laser
disks, digital video displays, multimedia, or materials
similar to any of the foregoing, however denominated and to
whomever addressed, and any other method (now known or
hereafter developed) for the Publication, retention,
conveyance, possession, or holding of Content.
f. “Person” shall mean any individual,
corporation, partnership, limited partnership,
limited-liability partnership, limited-liability company,
trust, association, organization or any form of entity
g. “Publication” shall mean the result of
anything that has been Published.
h. “Publish” shall mean to make known or
otherwise disclose, display, present, communicate, convey, or
transfer, whether to one Person or more than one Person, and
whether or not for the first time.
the defined terms, if defined in the singular or present
tense, shall also retain such general meaning if used in the
plural or past tense, and, if used in the plural or past
tense, shall retain ...