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Sure Steel, Inc. v. Jacobs Field Services North America, Inc.

United States District Court, D. Nevada

May 24, 2019

SURE STEEL, INC., a Utah corporation, Plaintiff,
JACOBS FIELD SERVICES NORTH AMERICA, INC., a Texas corporation; DOES 1-10, and ROE Entities 1-10, inclusive, Defendants.

          SMITH & SHAPIRO, PLLC, James E Shapiro Esq., Sheldon A. Herbert, Esq. Attorneys for Plaintiff, SURE STEEL, INC.

          KOELLER NEBEKER CARLSON & HALUCK, LLP, Kirk H. Hays Esq. Admitted Pro Hac Vice Attorneys for Defendant, JACOBS FIELD SERVICES NORTH AMERICA, INC.



         COME NOW Plaintiff SURE STEEL, INC., a Utah corporation ("Sure Steel"), by and through its attorneys, SMITH & SHAPIRO, PLLC; and Defendant JACOBS FIELD SERVICES NORTH AMERICA, INC., a Texas corporation ("Jacobs"), by and through its attorneys, KOELLER NEBEKER CARLSON & HALUCK, LLP; (each of the foregoing shall be individually referred to as a “Party” and collectively as the “Parties”); and hereby stipulate and agree as follows:

         WHEREAS, the Parties desire to produce certain documents or other materials which may contain proprietary and/or confidential information;

         WHEREAS, the Parties could suffer great and irreparable harm should any other Party and/or the general public have access to, read or learn of the trade secrets, proprietary information, and/or confidential information produced in the present action, unless protective orders are entered strictly circumscribing the disclosure and use of such information;

         WHEREAS, this Court has authority pursuant to Fed.R.Civ.P. 26(c) and Fed.R.Civ.P. 45(c) to enter appropriate protective orders with respect to a disclosing Party's confidential information:

         NOW THEREFORE, IT IS HEREBY STIPULATED by the Parties, by and through their respective attorneys of record, that the following terms shall apply with respect to confidential information produced in this action (the “Protective Order”):

         1. Scope.

         All documents or other materials (electronic or otherwise) and all information produced in the course of discovery, including initial disclosures, all responses to discovery requests, all deposition testimony, transcripts and exhibits, other materials which may be subject to restrictions on disclosure for good cause and information derived directly therefrom (hereinafter collectively “Information”) that a Party designates as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES ONLY” pursuant to the terms hereof (collectively “Confidential Information”), shall be subject to this Protective Order concerning confidential information as set forth below. As there is a presumption in favor of open and public judicial proceedings, this Protective Order shall be strictly construed in favor of public disclosure and open proceedings wherever possible. The Protective Order is also subject to, and the Parties shall comply with, Local Rule LR IA 10-5 of the United States District Court for the District of Nevada governing sealing and redacting court records and the Federal Rules of Civil Procedure on matters of procedure and calculation of time periods.

         2. Form and Timing of Designation.

         A Party that produces Information in this action and that has a good faith and reasonable basis for claiming that such Information should be protected from disclosure as confidential personal information, medical or psychiatric information, trade secrets, personnel records, financial information, or such other sensitive commercial information that is not publicly available may designate and label such Information as “CONFIDENTIAL” on the Confidential Information in a manner that will not interfere with the legibility of the document. Any Party that produces Information and has a reasonable basis for claiming that such Information would not be sufficiently protected as “CONFIDENTIAL” (by way of example only, trade secrets, or other sensitive commercial or financial information that would provide a competitive advantage to the opposing party or any competitor) may designate such Information as “CONFIDENTIAL - ATTORNEY'S EYES ONLY.” The designation “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES ONLY” does not mean that the Information has any status or protection by statute or otherwise except to the extent and for the purposes of this Protective Order. Public records and other information or documents that are publicly available may not be designated as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES ONLY”.

         (a) For documents, materials, or other written Information, a Party shall designate such Information as Confidential Information by conspicuously stamping or otherwise labeling each page or item containing confidential information as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES ONLY” prior to the production of the documents, materials or other written Information.

         (b) For interrogatories, designation shall be made by placing the legend “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES ONLY” on any page(s) of any answer deemed to contain such confidential information, indicating the portion of such page that contains such Confidential Information. Alternatively, answers deemed to contain Confidential Information may be bound separately and marked with the appropriate legend.

         (c) For testimony, a Party shall designate such Information as Confidential Information on the record or within 30 days after receipt of the official transcript by providing all other Parties written notice of the specific pages and lines of the transcript which contain Confidential Information. Until the 30 day period has expired, the entire transcript shall be considered “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES ONLY”.

         (d) A Party's inadvertent or unintentional failure to designate Information as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES ONLY” shall not be deemed a waiver in whole or in part of that Party's claim of confidentiality if the disclosing Party takes prompt action after discovering such omission to notify all Parties in writing that such Information constitutes Confidential Information. However, the Party who received that Information without knowledge of its confidential nature may not be held in violation of this Protective Order for using or disclosing that Information before notification of the inadvertent or unintentional failure to designate that Information as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES ONLY”.

         (e) In the event a disclosing Party elects to produce documents for inspection and the receiving Party desires to inspect them before designating them for copying, the disclosing Party need not mark the documents in advance of any such inspection. For purposes of the inspection, and any subsequent inspection of the original documents, all documents produced for inspection shall be deemed to be designated as Confidential Information. Thereafter, upon selection of specified documents for copying by the receiving Party, the disclosing Party may make the appropriate confidentiality designation at the time the copies are produced to the receiving Party.

         (f) In the event that non-parties produce documents or information in connection with this action, and to the extent those documents or information contain information of a Party which may be deemed Confidential Information under this Protective Order, then that Party may designate such documents or information containing the confidential information of the Party as “CONFIDENTIAL” or “CONFIDENTIAL - ATTORNEYS EYES ONLY” within 30 days of receipt of said documents and/or information by providing written notice to the other Parties.

         (g) Confidential Information shall be used solely for purposes of prosecuting or defending the claims, counterclaims, third-party claims and defenses assert in this action and for no other purpose.

         3. Protection of Confidential Material.

         Except as is otherwise agreed by the disclosing Party, the Parties shall not disclose information marked as “CONFIDENTIAL” to anyone other than a “Qualified Person.” As used in this Protective Order, the term “Qualified Person” refers to:

         (a) Each Party's in-house counsel, if any (“In-house Counsel”). Each Party's outside counsel and their outside counsel's employees and staff (“Outside Counsel”) (In-house Counsel and Outside Counsel shall be collectively referred to as “Counsel”).

         (b) Third-party copy services whose sole function and involvement is to obtain documents, reproduce those documents for the Parties, and return the original and all copies to the respective parties; provided that the Copy Services do not retain any electronic or hard copies of any of the documents (“Copy Services”).

         (c) Third-party services who are appointed, by order of the Court or by agreement of the Parties, to act as a depository for documents, materials and other discovery items; provided that the Depositories are not allowed to release any of the documents, materials and other discovery items to non-parties and further provided that the Depositories will return all documents, materials and ...

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