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RB Products, Inc. v. Ryze Capital, L.L.C.

United States District Court, D. Nevada

October 3, 2019

RB PRODUCTS, INC., Plaintiffs,
v.
RYZE CAPITAL, L.L.C.; ENCORE DEC, L.L.C.; RYZE RENEWABLES RENO, L.L.C.; RYZE RENEWABLES, L.L.C.; MICHAEL BROWN; CHRIS DANCY; RESC, L.L.C.; RYZE RENEWABLES LAS VEGAS, L.L.C.; MATT PEARSON; AND RANDY SOULE, Defendants.

          AGREED PROTECTIVE ORDER

          WILLIAM G. COBB, UNITED STATES MAGISTRATE JUDGE

         1. Proceedings and Information Governed.

         This Order (“Protective Order”) is made under Rule 26(c) of the Federal Rules of Civil Procedure (“FED. R. CIV. P.”).

         This protective order is being entered into following the Court's September 18, 2019 Hearing Re: Proposed Discovery Plan/Scheduling Order and Motion to Stay Discovery. By entering into this Protective Order, no party is waiving any arguments that this entire case should or should not be stayed in favor of the related arbitration pending with JAMS in Orange County, California (No. 1200055940) (the “JAMS Arbitration”), or that the claims should or should not be dismissed.

         Disclosure and discovery activity in this action and the JAMS Arbitration 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 or the JAMS arbitration may be warranted. Accordingly, the parties hereby stipulate to request that the Court enter the following Protective Order. 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 from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles.

         This Protective Order applies to any document, information, discovery responses, or other tangible or intangible thing (collectively, “documents”) furnished by a party to any other party, as well as documents furnished by non-parties who receive subpoenas in connection with this action, if and when the documents are designated by a party or non-party as “Confidential Information” or “Highly Confidential Information” in accordance with the terms of this Protective Order. This Protective Order also applies to copies, excerpts, abstracts, analyses, summaries, descriptions, or other forms of recorded information or data containing, reflecting, or disclosing all or parts of designated documents.

         2. Designation and Maintenance of Documents and Information.

         A. “Confidential Information” designation means any document, thing, or any portion of a document or thing that a party believes in good faith (a) contains private or confidential personal or financial information, (b) contains information received in confidence from third parties that a party is required to keep confidential, the disclosure of which is likely to cause harm to an individual or the business or competitive position of the designating party, or (c) contains commercially-sensitive competitive or technical information or other information that the producing party believes in good faith to require protection.

         B. “Highly Confidential Information” designation means any document, thing, or any portion of a document or thing that contains confidential and competitively-sensitive business information, existing or new products, services, current or forward-looking business plans, financial information, or technology where that information is not yet known to the public including, but not limited to, confidential research and development, sensitive financial information, or trade secret information, or information being utilized for the preparation or prosecution of a patent application dealing with such subject matter. Such documents merit greater restrictions as “Attorney-Eyes Only.”

         C. “Confidential Information” and “Highly Confidential Information” do not include, and this Protective Order does not apply to, documents already in the knowledge or possession of the party to whom disclosure is made unless that party is already bound by an agreement not to disclose such information, or information that has been disclosed to the public or third persons in a manner making such information no longer confidential.

         3. Documents Produced in Discovery and Depositions.

         A. A producing party may designate documents and things produced in this litigation where the producing party has a good faith belief that such information falls within the scope of paragraph 2(A) above, where the producing party has a good faith belief that by placing on each page and each thing a legend substantially as follows:

         CONFIDENTIAL INFORMATION - Subject To Protective Order

         A producing party may designate documents and things produced in this litigation as “Highly Confidential Information” where the producing party has a good faith belief that such information falls within the scope of paragraph 2(B) above by placing on each page and each thing a legend substantially as follows:

         HIGHLY CONFIDENTIAL INFORMATION - Subject To Protective Order

         B. Depositions

(i) For deposition testimony or exhibits to be entitled to protection under this Order, a party must designate the testimony and exhibits disclosed at a deposition as “Confidential Information” or “Highly Confidential Information” by requesting the reporter to so designate the transcript or any portion of the transcript at the time of the deposition.
(ii) If no such designation is made at the time of the deposition, any party has twenty (20) days after delivery by the court reporter of the final transcript of the deposition session to designate (“Designation Period”), in writing to the other parties and to the court reporter, what portions of the transcript and which exhibits the party designates as “Confidential Information” and “Highly Confidential Information.”
(iii) During the Designation Period, the transcript and exhibits must be treated as Highly Confidential Information, unless the disclosing party consents to less confidential treatment of the information in writing or on the record and the deposition.
(iv) Each party and the court reporter must attach a copy of any final and timely written designation notice to the transcript and each copy of the transcript in its possession, custody or control, and the portions designated in such notice must thereafter be treated in accordance with this Protective Order. It is the responsibility of counsel for each party to maintain materials containing Confidential Information or Highly Confidential Information in a secure manner and appropriately identified so as to allow access to such information only to such persons and under such terms as are permitted under this Protective Order.
(v) If no such designation is made at the deposition or within the Designation Period, then the entire deposition will be considered devoid of Confidential Information or Highly Confidential Information.

         4. Inadvertent Failure to Designate.

         A. The inadvertent failure to designate documents as “Confidential Information” or “Highly Confidential Information” will not be a waiver of a claim that the document contains confidential information, and will not prevent the producing party from designating such information as confidential at a later date in writing, so long as the designation is done with particularity and without prejudice to the receiving parties

         B. In the event a producing party late designates a document as “Confidential Information” or “Highly Confidential Information, ” the document must be treated by the receiving party as confidential from the time of receipt of the notice of the “Confidential Information” or “Highly Confidential Information” designation.

         5. Challenges to Designations.

         A party's designation of documents as “Confidential Information” or “Highly Confidential Information” is not binding if the procedures below are followed:

         A. A receiving party may challenge a producing party's designation at any time. Any receiving party may request in writing that the producing party change the designation. The producing party, within fourteen (14) days after receipt of a written challenge, must advise the receiving party whether or not it will change the designation.

         B. If the parties are unable to reach agreement after the expiration of this fourteen (14) day period, they shall confer. If they cannot resolve the issue, the receiving party may seek an order to alter the confidential status of the designated information. However, nothing herein shall be construed to shift the burden on the producing party to demonstrate that the information was properly designated as “Confidential Information” or “Highly Confidential Information, ” as applicable.

         C. Until the presiding judge has ruled on a dispute under this paragraph, the “Confidential Information” or “Highly Confidential Information” designation will remain in full force and effect, and ...


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