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Elwell v. Harvey

United States District Court, D. Nevada

December 13, 2019

PHILLIP ELWELL, individually, Plaintiff,
GREGORY HARVEY, individually; FEDEX FREIGHT, INC. dba FEDEX FREIGHT dba FEDEX FREIGHT, SLV; DOES 1 to 100; and ROE CORPORATIONS 1 to 100, inclusive, Defendants.

          ALVERSON TAYLOR & SANDERS, J. BRUCE ALVERSON, ESQ. Nevada Bar No. 1339 KARIE N. WILSON, ESQ. Nevada Bar No. 7957 Attorneys for Defendants

          NAQVI INJURY LAW FARHAN R. NAQVI, ESQ. Nevada Bar No. 8589 PAUL G. ALBRIGHT, ESQ. Nevada Bar No. 14159 Attorneys for Plaintiff


         COME NOW Plaintiff, PHILLIP EL WELL, and Defendants FEDEX FREIGHT, INC. and GREGORY HARVEY (hereinafter "Defendants"), by and through their respective counsel of record, and hereby stipulate and agree to entry of a Protective Order and to be bound by said order in connection with the above-captioned lawsuit.

         During the course of discovery, the parties may exchange information, to include documents and testimony containing information, which is proprietary as sensitive business, commercial or other technical information, the uncontrolled release of which could cause the producing party competitive harm. In order to preserve and maintain the confidentiality of certain documents to be produced in this litigation by the parties and/or third parties and in order to facilitate an orderly, timely and economic discovery process, it is hereby ORDERED:


         A. The parties recognize that discovery in this matter may call for the production of materials containing confidential and proprietary business, technical and other commercially sensitive information, and/or personal information about third-parties, and that the producing party has a protected proprietary and property interest in those materials, or otherwise has an interest in preventing the dissemination of information about third-parties.

         B. Pursuant to Rule 26 of the Federal Rules for Civil Procedure, a protective order is necessary in this case in order to protect intellectual proprietary or property interests such as trade secrets or other confidential research as provided in FRCP 26(c)(1)(G).

         C. If the producing party has a good faith factual and legal basis for asserting a privilege or exemption from public disclosure, the producing party may designate as "Confidential" the portion of any produced material it considers subject to its claim of privilege or exemption in accordance with Section I.D., below, relying on the terms of this Stipulated Protective Order ("Protective Order") in producing that information. Such Confidential designation shall make the designated portions of those produced materials and all copies, prints, summaries, translations, or other reproductions of such material subject to this Protective Order. This Protective Order also shall apply to the specific pages and lines from oral depositions as well as any discovery responses, designated as Confidential by the producing party in accordance with Section I.G., below.

         D. When used in this Protective Order, the phrase "Confidential Information" means information properly designated in accordance with Section I.G. which is confidential personal information of third parties to this litigation and subject to privacy protections guaranteed by the United States Constitution; information that constitutes a trade secret or reveals confidential research, development, or commercial information; sensitive or proprietary business or financial information, personal information, or information furnished to the party producing the information in confidence by a third party. Confidential Information does not include information that has been disclosed in the public domain.

         E. When used in this Protective Order, the phrase "Confidential Material" means any documents designated pursuant to Section I.G. of this Protective Order and any Confidential Information contained therein, and the information derived from such documents, including any copies, abstracts, summaries, compilations, computer documents, drawings, standards, responses to written discovery referencing Confidential Information or other such record derived from documents or materials designated as "Confidential," whether produced in hard-copy, on CD-ROMs or DVDs, or any other media. Nothing in this Protective Order, however, shall be interpreted to require the production of any trade secret information as defined in NRS 49.325, NRS Chapter 600A, the Nevada Uniform Trade Secrets Act, or otherwise.

         F. The burden of proving the confidential nature of designated information is on the producing party. Prior to designating any material as Confidential and subject to this Protective Order, the producing party must make a bona fide determination that the material is, in fact, confidential as defined above, the dissemination of which would significantly damage the producing party's competitive position or impact the privacy rights of third-parties.

         G. In order to designate a portion of any document or other printed material as Confidential, the producing party shall mark the designated pages of the material with the word "CONFIDENTIAL" in a manner that does not obscure or impair the legibility of any information contained within the material, but makes it difficult to remove the designation. In order to designate a computer database, disc, compact disc, drive, or other electronically recorded material as Confidential, the producing party shall mark the disc, case or envelope containing the material with the word "CONFIDENTIAL." Documents printed from such electronic media shall be marked the same as documents originally produced on paper. Additionally, no Confidential Information or Confidential Material shall be transmitted by email to a Covered Person (as defined in Section I.I. below), but shall be transmitted only on discs or other physical media.

         H. In the case of a deposition or oral examination, counsel for the producing party may, during the deposition, designate on the record that testimony involving Confidential Material be held as Confidential, and the entire deposition transcript will be treated as Confidential until counsel for the producing party receives a transcript of the deposition and designates specific page and line portions of the testimony. In the event the producing party's counsel during the deposition does not designate on the record that testimony involving Confidential Material be held as Confidential, the producing party does not waive its right to designate the deposition testimony or any parts thereof as Confidential upon receipt of the deposition transcript. After receipt of the final deposition transcript, the producing party shall identify by page and line the portion of the material that the producing party intends to designate as Confidential in a written letter served to all counsel of record within 30 days after the producing party's receipt of the written deposition transcript from the court reporter. Only the portions of the deposition transcript designated by the producing party during this time period shall remain Confidential. Any party challenging the Confidential designations of the deposition transcripts shall inform the producing party of those specific challenges in writing and the producing party shall have 20 days from receipt of the written challenges to move for an appropriate order regarding the confidentiality of all or portions of the transcript. The parties stipulate that the court reporter or videographer for any such depositions, will be given a copy of this Protective Order by the party requesting confidentiality and will execute an acknowledgement thereof, shall not disclose to anyone (other than the Covered Persons as defined in Section I.I. below) any deposition testimony or exhibits in this lawsuit.

         I. When used in this Protective Order, the term "Covered Persons" includes only the following: (1) the Court and all Court personnel; (2) the named parties in this litigation; (3) retained counsel for all parties in this litigation, including members of counsel's legal or support staff (e.g., in-house investigators, secretaries, legal assistants, paralegals and law clerks), to the extent reasonably necessary for such persons to render assistance in this litigation; (4) non-attorney experts retained or consulted by counsel for any party to assist in the preparation, prosecution, or evaluation of this litigation, provided that no disclosure shall be made to any expert or consultant who is employed by a competitor ...

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