United States District Court, D. Nevada
HIGH, LTD. CECILIA LEE, ESQ. ELIZABETH HIGH, ESQ.
KOLESAR & LEATHAM BART LARSEN, ESQ. ATTORNEY FOR
DEFENDANT, KENNETH CANNATA
& KLEIN ANDREW P. BLEIMAN, ESQ. ATTORNEYS FOR PLAINTIFF
HP TUNERS, LLC
STIPULATION FOR PROTECTIVE ORDER
HEREBY STIPULATED BY AND BETWEEN Plaintiff HP Tuners, LLC,
through its attorneys, Andrew P. Bleiman, Esq., Marks &
Klein, and Cecilia Lee, Esq. and Elizabeth High, Esq., Lee
High, Ltd., and Defendant Kenneth Cannata, through his
attorney, Bart Larsen, Esq., Kolesar & Leatham, for the
entry of the following protective order.
PURPOSES AND LIMITATIONS
in this action is likely to involve production of
confidential, proprietary, or private information for which
special protection may be warranted. The parties have
therefore agreed to the following Protective Order. The
parties acknowledge that this agreement is consistent with
Fed.R.Civ.P. 26(c) and LR II 26-1. It does not confer blanket
protection on all disclosures or responses to discovery, 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,
and it does not presumptively entitle parties to file
confidential information under seal.
“CONFIDENTIAL” AND “HIGHLY
“Confidential” material shall include the
following documents and tangible things produced or otherwise
exchanged: business records and employee files; documents
relating to expertise and knowledge, including automotive
tuning data and data related to other types of vehicles;
documents relating to undisclosed advertising and marketing;
management communications; pricing information; agreements
with employees and non-parties; technical information about a
party's products or anticipated products; communications
and other non-public documents relating to the business and
dealings of the parties.
“Highly Confidential” material shall include any
document, material, or information otherwise meeting the
definition of “Confidential, ” the disclosure of
which to another party or non-party the disclosing party
reasonably believes would likely result in competitive,
commercial, financial, or other harm to the disclosing party
or its clients or potential clients. “Highly
confidential” material may include, without limitation,
proprietary technical information in the nature of hardware
design documents, source code; proprietary software; license
key generators, and computer passwords.
protections conferred by this agreement cover not only
confidential material (as defined above), but also (1) any
information copied or extracted from confidential material;
(2) all copies, excerpts, summaries, or compilations of
confidential material; and (3) any testimony, conversations,
or presentations by parties or their counsel that might
reveal confidential material.
the protections conferred by this agreement do not cover
information that is in the public domain or becomes part of
the public domain through trial or otherwise.
ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
Basic Principles. A receiving party may use confidential
material that is disclosed or produced by another party or by
a non-party in connection with this case only for
prosecuting, defending, or attempting to settle this
litigation. Confidential material may be disclosed only to
the categories of persons and under the conditions described
in this agreement. Confidential material must be stored and
maintained by a receiving party at a location and in a secure
manner that ensures that access is limited to the persons
authorized under this agreement.
Disclosure of “CONFIDENTIAL” Information or
Items. Unless otherwise ordered by the court or permitted in
writing by the designating party, a receiving ...