United States District Court, D. Nevada
& FEARS, Sarah Odia Payne & Fears Attorneys for
MORALES FIERRO & REEVES William C. Reeves Morales Fierro
& Reeves Attorneys for Travelers
MAJESKI Timothy Lepore Ropers Majeski Attorneys for Lloyds
LAW FIRM Laleaque Grad Grad Law Firm Attorneys for First
Specialty Insurance Corporation
KAUFMAN DOLOWICH & VOLUCK LLP Christine Magarian Kaufman
Dolowich & Voluck LLP Attorneys for Lexington Insurance
Company and New Hampshire Insurance Company
COONEY Benjamin Carman Carman Cooney Attorneys for Interstate
BREITMAN Todd Haas Selman Breitman Attorneys for Everest
FERENBACH UNITED STATES MAGISTRATE JUDGE
parties to this case stipulate and agree as follows:
this action is an insurance coverage dispute ("Instant
Action") arising from an active underlying construction
defect lawsuit styled Kachnik v. Centex Homes, Clark
County Superior Court No. A726385 ("Underlying
Centex and Travelers (collectively "Parties") agree
that discovery in this case may involve the production of
confidential, proprietary and/or private information for
which special protection from public disclosure may be
the Parties hereby stipulate to and petition the court to
enter the following Stipulated Protective Order.
Challenging Party: a Party or Non-Party that challenges the
designation of information or items under this Order.
CONFIDENTIAL" Information or Items: information
(regardless of how it is generated, stored or maintained) or
tangible things that qualify for protection under Federal
Rule of Civil Procedure 26(c).
Counsel (without qualifier): Outside Counsel of Record and
House Counsel (as well as their support staff).
Designating Party: a Party or Non-Party that designates
information or items that it produces in disclosures or in
responses to discovery as "CONFIDENTIAL."
Disclosure or Discovery Material: all items or information,
regardless of the medium or manner in which it is generated,
stored, or maintained (including, among other things,
testimony, transcripts, and tangible things), that are
produced or generated in disclosures or responses to
discovery in the Instant Action.
Expert: a person with specialized knowledge or experience in
a matter pertinent to the litigation who has been retained by
a Party or its counsel to serve as an expert witness or as a
consultant in the Instant Action.
House Counsel: attorneys who are employees of a Party to the
Instant Action. House Counsel does not include Outside
Counsel of Record or any other outside counsel.
Non-Party: any natural person, partnership, corporation,
association, or other legal entity not named as a Party to
the Instant Action.
Outside Counsel of Record: attorneys who are not employees of
a Party to the Instant Action but are retained to represent
or advise a Party to the Instant Action and have appeared in
the instant Action on behalf of that Party or are affiliated
with a law firm which has appeared on behalf of that Party.
Party: any party to the Instant Action, including all of its
officers, directors, employees, consultants, Experts, and
Outside Counsel of Record (and their support staffs).
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in the Instant Action.
Professional Vendors: persons or entities that provide
litigation support services (e.g., photocopying, videotaping,
translating, preparing exhibits or demonstrations, and
organizing, storing, or retrieving ...