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Brandstorm, Inc. v. Global Sterilization and Fumigation, Inc.

United States District Court, D. Nevada

September 19, 2019

BRANDSTORM, INC., a California Corporation, Plaintiff,
v.
GLOBAL STERILIZATION AND FUMIGATION, INC. a Nevada Corporation, BRYAN GARDNER, an individual, and DOES 1-10, Inclusive, Defendants.

          Daley & Heft, LLP Matthew E. Bennett, Lee H. Roistacher, Heather T. Daiza, Attorneys for Plaintiff BrandStorm, Inc.

          Castronova Law Offices, PC Stephen G. Castronova, Esq. [SBN 7305] Attorneys for Defendants Global Sterilization and Fumigation and Bryan Gardner.

          FIRST AMENDED JOINT MOTION AND STIPULATION FOR PROTECTIVE ORDER AND ORDER

         1. PURPOSES AND LIMITATIONS

         Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that 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. The parties further acknowledge, as set forth in paragraph 9.3, below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule LR IA 10-5 Sealed Documents sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal.

         The following Stipulated Protective Order shall govern the use and disclosure of the documents and materials listed herein, and any other documents that are designated "confidential" by the producing party.

         2. DEFINITIONS

         "Confidential" information or items is defined as 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) and for which public disclosure is likely to result in particularized harm, or is privileged under law, and/or violates privacy or official information interests recognized by law, or is otherwise entitled to protection.

         Other items may be included as Confidential for purposes of this order by agreement of the parties or by court order on noticed motion. This information may include, but is not limited to:

a. Trade secret or intellectual property regarding to Global Sterilization and Fumigation, Inc.'s H20 Express Pasteurization Process;
b. Trade secret or intellectual property regarding BrandStorm, Inc.'s corporate strategies from purchase of harvest to later sale in the marketplace;
c. Documents, videos, pictures, emails, correspondence, data, and testimony;
d. Trade secret or intellectual property of any third parties; and
e. other sensitive corporate information.

         Other items may be included as Confidential for purposes of this order by agreement of the parties or by court order on noticed motion.

         3. SCOPE

         3.1 The protections conferred by this Stipulation and Order cover not only Confidential material (as defined above), but also (1) any information copied from Confidential material; (2) all copies, excerpts, summaries, or compilations of Confidential material that reveal the source of the Confidential material or that reveal specific information entitled to confidentiality as a matter of law; and (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal Confidential 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 Confidential material at trial shall be governed by a separate agreement or order.

         3.2 The documents, materials, and their contents may be used by the parties and their counsel only in this litigation and may not be used in separate proceedings or actions at this time or in the future without first being obtained through proper discovery procedures or court orders in those separate proceedings or actions.

         3.3 The documents and their contents may not be disclosed, copied, distributed, shown, described, or read to any person or entity (including, but not limited to, media representatives) by plaintiff or her counsel, representatives or agents, other than (a) the parties to this litigation; (b) the parties' attorneys, paralegals, and legal office staff in this litigation; (c) the parties' expert consultants in this litigation for purposes of expert consultation and trial testimony preparation; (d) court reporters and their staff, professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this litigation, and (e) the Court in this action, for purposes of this litigation.

         3.4 Expert consultants must sign the "Acknowledgment and Agreement to be Bound" (Exhibit A, page 1) an executed copy of which will be provided to the opposing counsel within seven (7) days after formal disclosure of ...


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