United States District Court, D. Nevada
J. MARIAM, ESQ. Nevada Bar No. 10926 ROBERT E. SCHUMACHER,
ESQ. Nevada Bar No. 7504 WING YAN WONG, ESQ. Nevada Bar No.
13622 DANIEL D. O'SHEA, ESQ. Admitted Pro Hac Vice GORDON
REES SCULLY MANSUKHANI, LLP Attorneys for DMA Claims
Lawrence E. Mittin, Esq. Nevada Bar No. 5428 Attorneys for
ELSER, MOSKOWITZ, EDELMAN & DICKER LLP John H. Podesta,
Esq. Nevada Bar No. 7487 Attorneys for Nationsbuilders
Insurance Services, Inc. and ATX Premier Insurance Company
Honorable Gloria M. Navarro Judge.
STIPULATED PROTECTIVE ORDER
J. Koppe Magistrate Judge.
THIS HONORABLE COURT:
HEREBY STIPULATED by and between Kelley Hayes,
Nationsbuilders Insurance Services, Inc., ATX Premier
Insurance Company, and DMA Claims Management, Inc.
(collectively, the “parties”), through their
respective counsel of record, that this [Proposed] Stipulated
Protective Order (“Protective Order”) shall
govern all information and documents disclosed or produced in
this case, including information and documents that may be or
was disclosed or produced before this Protective Order is
entered by the Court.
the parties to this case may be required to disclose to the
other certain sensitive, personal, financial, confidential
and/or proprietary information and documents relating to the
subject matter of this litigation, the unauthorized use or
disclosure of which is likely to cause harm to the party
producing such information or contravene an obligation of
confidentiality to a third person or to a court.
the parties hereby stipulate to and petition the Court to
enter the Protective Order, pursuant to Fed.R.Civ.P. 26(c).
The parties acknowledge that this Protective Order does not
confer blanket protections on all disclosures or responses to
discovery and that the protection it affords extends only to
the limited information or items that are entitled to
treatment as confidential under applicable state or federal
law. The parties further acknowledge that this Protective
Order creates no entitlement to file confidential information
under seal; the parties shall follow the applicable rules
when seeking permission from the Court to file material under
seal. The parties respectfully request that this Court enter
the Stipulated Protective Order on the following terms:
following Definitions shall apply in this Order:
term “Confidential Information”
will mean and include information contained or disclosed in
any materials that is deemed to be Confidential Information
by any party to which it belongs.
term “Materials” will include,
but is not limited to: documents; correspondence; memoranda;
financial information; email; marketing plans; marketing
budgets; customer information; materials that identify
customers or potential customers; price lists or schedules or
other matter identifying pricing; minutes; letters;
statements; cancelled checks; contracts; invoices; drafts;
books of account; worksheets; forecasts; notes of
conversations; desk diaries; appointment books; videos;
expense accounts; recordings; photographs; sketches;
drawings; business reports; disclosures; and internet
term “Counsel” will mean outside
counsel of record, and other attorneys, paralegals,
secretaries, and other support staff.
LIMITATIONS ON DISCLOSURE OF CONFIDENTIAL
following provisions shall apply in this litigation:
party to this litigation that produces or discloses any
Materials, written discovery, transcripts or trial or
deposition testimony, or information the producing party
believes should be subject to this Protective Order may
designate the same as “CONFIDENTIAL” or
“CONFIDENTIAL - FOR COUNSEL ONLY.”
Designation as “CONFIDENTIAL”: Any party may
designate information as “CONFIDENTIAL” only if,
in the good faith belief of such party and its Counsel, the
unrestricted disclosure of such information could be harmful
to the business or operations of such party.
Designation as “CONFIDENTIAL - FOR COUNSEL ONLY”:
Any party may designate information as “CONFIDENTIAL -
FOR COUNSEL ONLY” only if, in the good faith belief of
such party and its Counsel, the information is among that
considered to be most sensitive by the party, including but
not limited to trade secret or other confidential research,
development, financial, customer related data or other