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Centex Homes v. St. Paul Fire and Marine Insurance Co.

United States District Court, D. Nevada

August 22, 2019

CENTEX HOMES, Plaintiff,
v.
ST. PAUL FIRE & MARINE INS. CO., et al. Defendants. and related matter(s).

          PAYNE & FEARS, Sarah Odia Payne & Fears Attorneys for Centex

          MORALES FIERRO & REEVES William C. Reeves Morales Fierro & Reeves Attorneys for Travelers

          ROPERS MAJESKI Timothy Lepore Ropers Majeski Attorneys for Lloyds

          GRAD 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

          CARMAN COONEY Benjamin Carman Carman Cooney Attorneys for Interstate

          SELMAN BREITMAN Todd Haas Selman Breitman Attorneys for Everest

          PROTECTIVE ORDER

          CAM FERENBACH UNITED STATES MAGISTRATE JUDGE

         The parties to this case stipulate and agree as follows:

         WHEREAS, 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 Action");

         WHEREAS, 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 warranted.

         WHEREFORE, the Parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order.

         I. Definitions

         a. Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order.

         b. 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).

         c. Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff).

         d. Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "CONFIDENTIAL."

         e. 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.

         f. 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.

         g. 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.

         h. Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to the Instant Action.

         i. 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.

         j. 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).

         k. Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in the Instant Action.

         l. Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving ...


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