United States District Court, D. Nevada
IN RE ALLIED NEVADA GOLD CORP., SECURITIES LITIGATION
MUCKLEROY LUNT, LLC MARTIN A. MUCKLEROY COUNSEL FOR LEAD
PIVEN A PROFESSIONAL CORPORATION CHARLES J. PIVEN (ADMITTED
PRO HAC VICE) COUNSEL FOR LEAD PLAINTIFF ANDREY SLOMNITSKY
AND LEAD COUNSEL FOR THE PROPOSED CLASS
DICKINSON WRIGHT PLLC JOHN P. DESMOND JUSTIN J. BUSTOS
SULLIVAN & CROMWELL LLP ROBERT A. SACKS (ADMITTED PRO HAC
VICE) LAURA KABLER OSWELL (ADMITTED PRO HAC VICE) DUNCAN C.
SIMPSON LAGOY COUNSEL FOR DEFENDANTS SCOTT A. CALDWELL,
ROBERT M. BUCHAN, RANDY E. BUFFINGTON, AND STEPHEN M. JONES
ROBBINS GELLER RUDMAN & DOWD LLP SAMUEL H. RUDMAN
(ADMITTED PRO HAC VICE) JOSEPH RUSSELLO (PRO HAC VICE
FORTHCOMING) WILLIAM J. GEDDISH (PRO HAC VICE FORTHCOMING)
ADDITIONAL COUNSEL FOR LEAD PLAINTIFF
CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE
William G. Cobb United States Magistrate Judg.
to Fed.R.Civ.P. 26(c) and subject to the Court's
approval, this Confidentiality Agreement and Stipulated
Protective Order (“Stipulation and Order”) is
entered into by and among: (a) Plaintiff Andrey Slomnitsky
(“Plaintiff”); and (b) Defendants Scott A.
Caldwell, Robert M. Buchan, Randy E. Buffington and Stephen
M. Jones (collectively, the “Defendants”), to
facilitate the production of confidential, proprietary and/or
private information during the course of discovery and
pretrial proceedings in this action (the
Challenging Party. A Party or Non-Party that challenges the
designation of Discovery Material as
“Confidential” under this Stipulation and Order.
Confidential Discovery Material. Any Discovery Material
(regardless of how it is generated, stored or maintained)
designated as “Confidential” pursuant to the
terms of this Stipulation and Order.
Designating Party. Any Party or Non-Party who designates
information or items for protection pursuant to the terms of
this Stipulation and Order.
Discovery Material. Any information provided in the course of
discovery in this Action, including, but not limited to,
information contained in documents, testimony taken at
depositions and transcripts thereof, deposition exhibits, and
Inadvertently Disclosed Information. Information subject to a
claim of attorney-client privilege, attorney work product
protection, or other applicable privilege, that a Producing
Party inadvertently discloses to a Receiving Party in this
Non-Party. Any person or entity that is not a Party to the
Party. Any Party to the Action, including all of his
employees, consultants, retained experts, and counsel
(including their support staff) and any entity controlled by
a named plaintiff or defendant in the Action, including all
officers and directors thereof.
Producing Party. A Party or Non-Party that produces Discovery
Material in the Action.
Receiving Party. A Party that receives Discovery Material
from a Producing Party in the Action.
Undertaking. The Non-Disclosure Agreement annexed as Exhibit
protections conferred by this Stipulation and Order cover not
only Protected Material (as defined above), but also (1) any
information copied or extracted from Protected Material; (2)
all copies, excerpts, summaries, or compilations of Protected
Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal
Protected Material. However, the protections conferred by
this Stipulation and Order do not cover the following
information: (a) any information that is in the public domain
at the time of disclosure to a Receiving Party or becomes
part of the public domain after its disclosure to a Receiving
Party as a result of publication not involving a violation of
this Order, including becoming part of the public record
through trial or otherwise; and (b) any information known to
the Receiving Party prior to the disclosure or obtained by
the Receiving Party after the disclosure from a source who
obtained the information lawfully and under no obligation of
confidentiality to the Designating Party. Any use of
Protected Material at trial shall be governed by a separate
agreement or order.
DESIGNATING DISCOVERY MATERIAL
Producing Party may designate as “Confidential”
Discovery Material that Party believes in good faith consists
(a) any personal information of a sensitive nature regarding
(b) proprietary information;
(c) personnel-related ...