United States District Court, D. Nevada
Kristen T. Gallagher, Esq. (NSBN 9561) Amanda M. Perach, Esq.
(NSBN 12399) McDONALD CARANO LLP Attorneys for Plaintiff
J. Winterton, Esq. (NSBN 4142) Attorneys for Defendant
STIPULATED CONFIDENTIALITY AND PROTECTIVE
Christopher Basile (“Basile”) and defendant
Kirsten Novak (“Novak” and with Basile, the
“Parties”), by and through their respective
counsel of record, hereby stipulate, agree and respectfully
request that in order to facilitate the exchange of
information and documents which may be subject to
confidentiality limitations on disclosure due to federal
laws, state laws, and privacy rights, an order be entered as
this Stipulation and Protective Order, the words set forth
below shall have the following meanings:
a. “Proceeding” means the proceeding entitled
Christopher Basile adv. Kirsten Novak, No.
c. “Material” means any documents, testimony,
information or tangible items produced, provided or created
in connection with this Proceeding.
d. “Confidential Material” means any documents,
testimony, information or tangible items produced, provided
or created in connection with this Proceeding that are
reasonably and in good faith believed by a Designating Party
to contain trade secrets, proprietary business information,
competitively sensitive information, personal or private
financial information, health information, or any other
information the disclosure of which would, in the reasonable
and good faith judgment of the Designating Party, be
detrimental to its livelihood and reputation, or the conduct
of its business.
e. “Designating Party” means the Party that
designates Material as “Confidential.”
f. “Disclose” or “Disclosed” or
“Disclosure” means to produce, provide, reveal,
divulge, give, or make available Materials, or any part
thereof, or any information contained therein, in connection
with this Proceeding.
g. “Document” means any discoverable item
pursuant to the Federal Rules of Civil Procedure that has
been or will be produced (i) before discovery for settlement
purposes, or in discovery in this Proceeding by any person,
and (ii) any copies, reproductions, or summaries of all or
any part of the foregoing.
h. “Information” means the content of documents,
testimony or tangible items.
i. “Testimony” means all depositions,
declarations, affidavits, or other testimony taken during or
generated in connection with this Proceeding.
material received by any Party pursuant to a discovery
request, subpoena, court order, Federal Rule of Civil
Procedure, or by any other means within the context of this
Proceeding, whether such Material is designated as
Confidential Material or not, shall be used solely for the
purposes of the prosecution, defense and/or settlement of
this Proceeding, including any appeals, and shall not be used
for any other purpose whatsoever, including, without
limitation, any other litigation or proceedings or any
business, competitive or private or purpose or function.
However, notwithstanding any other paragraph of this
Stipulation and Protective Order, no Party shall be
restricted by this Stipulation and Protective Order in
dealing as it chooses with any material that was rightfully
in its possession prior to receiving such material in
discovery in this proceeding
Designating Party shall have the right to designate as
“Confidential” any documents, testimony,
information or tangible items that the Designating Party
reasonably and in good faith believes to contain trade
secrets, proprietary business information, competitively
sensitive information, personal or private financial
information, or health information.
entry of this Stipulation and Protective Order does not
alter, waive, modify, or abridge any right, privilege or
protection otherwise available to any Party with respect to
the discovery of matters, including but not limited to any
Party's right to assert the attorney-client privilege,
the attorney work product doctrine, or other privileges, or
any Party's right to contest any such assertion.
documents, testimony, information or tangible items to be
designated as “Confidential” must be clearly so
designated before the document, testimony, information or
tangible item is disclosed or produced. The means of
designating documents, testimony, information and tangible
items as confidential is as follows:
a. For documents (apart from transcripts of depositions or
other pretrial or trial proceedings), the Designating Party
must affix the legend “Confidential” on each page
of any document containing such designated Confidential
Material. The “Confidential” legend should not