United States District Court, D. Nevada
JOHN C. VANBIBER, Plaintiff,
C. R. BARD, INC.; BARD PERIPHERAL VASCULAR, INCORPORATED, Defendants.
DALIMONTE RUEB STOLLER, LLP GREGORY D. RUEB, ESQ., Brian D.
Nettles, Esq., NETTLES MORRIS Counsel for Plaintiff.
GREENBERG TRAURIG, LLP ERIC W. SWANIS, ESQ., CHRISTOPHER J.
NEUMANN, ESQ., (Pro Hac Vice Pending) GREENBERG TRAURIG, LLP
Counsel for Defendants.
PROPOSED STIPULATED PROTECTIVE ORDER
WEKSLER UNITED STATES MAGISTRATE JUDGE.
parties, through their respective counsel, stipulate to the
entry of a protective order to govern the dissemination of
documents, materials, and other information, including the
substance and content thereof, designated by any party as
confidential and produced by any party in support of motions,
in response to written discovery, or during any formal or
informal discovery in this litigation subject to the terms as
set forth below.
the parties to this action, through their respective counsel,
have agreed that a protective order preserving the
confidentiality of certain documents and information should
be entered by the Court.
IT IS ORDERED as follows:
Information" is defined herein as any information that
constitutes, reflects, discloses, or contains: (1) a
"trade secret or other confidential research,
development, or commercial information" that is suitable
for protection under Federal Rule of Civil Procedure
26(c)(1)(G); and (2) information that may be protected from
disclosure under a party's constitutional right of
privacy such as confidential and private psychiatric,
psychological, medical condition and/or employment
party, in designating information "Confidential"
because it contains a "Trade Secret," shall
designate only information that meets the definition of trade
secret contained in 18 U.S.C. § 1839:
the term "trade secret" means all forms and types
of financial, business, scientific, technical, economic, or
engineering information, including patterns, plans,
compilations, program devices, formulas, designs, prototypes,
methods, techniques, processes, procedures, programs, or
codes, whether tangible or intangible, and whether or how
stored, compiled, or memorialized physically, electronically,
graphically, photographically, or in writing if-
(A) the owner thereof has taken reasonable measures to keep
such information secret; and
(B) the information derives independent economic value,
actual or potential, from not being generally known to, and
not being readily ascertainable through proper means by, the
Action" means John C. Vanbiber v. C. R. Bard, Inc.,
et al., No. 2:19-cv-01884-KJD-BNW, pending in the United
States District Court District of Nevada.
Information Within the Scope of the Protective
Protective Order shall govern all hard copy and electronic
materials, the information contained therein, and all other
information produced or disclosed during This Action,
including all copies, excerpts, summaries, or compilations
thereof, whether revealed in a document, deposition, other
testimony, discovery response or otherwise, by any party to
This Action or its representatives (the "Supplying
Party") to any other party or parties to This Action or
their representatives (the "Receiving Party"),
whether provided voluntarily, pursuant to formal discovery
procedures, or otherwise. The Parties agree that
confidentiality of materials at trial will be determined by
the Court after a separate briefing and/or argument process.
scope of confidentiality protections afforded under this
Protective Order does not include any trial exhibits or trial
testimony entered into evidence during the case known as
Phillips v. C. R. Bard, Inc., et al., No.
3:12-cv-00344-RCJ-WGC (D. Nev. June 1, 2015), as to which
that Court entered an Order denying Bard's motion to seal
trial exhibits and trial transcripts.
addition, this Protective Order does not apply to any
document that was admitted into evidence during the three MDL
Bard IVC filter bellwether cases In Re: Bard IVC Filters
Products Liability Litigation, MDL 2641, listed in the
MDL Court's Suggestion of Remand and Transfer Order
(Second), Dkt. No. 3 (Exhibit 2 - Admitted Exhibit List from
Bellwether Trials and Documents No. Longer Subject to
Protective Order). To the extent only a portion of a document
was admitted, only that portion of the document that was
admitted shall not be subject to protection.
the foregoing, this Protective Order does not address or
alter whether or not Defendants may argue that
non-confidential documents should still be entitled to
protection under the work-product doctrine and/or the
attorney-client communication privilege.
Designating Information As "Confidential"
Pursuant to This Protective Order
Supplying Party producing documents that contain information
that meets the definition of Confidential Information as
provided in Paragraphs 1 and 2 herein, may designate the
contents of the documents as "Confidential" prior
to or at the time of production by placing the following
designation on the documents: "CONFIDENTIAL - Subject to
Protective Order." Where a document consists of more
than one page, each page of the document shall be designated
as such. Any document or information for which it is
impracticable or impossible to affix such a legend may be
designated by written notice to that effect with a reasonable
description of the material in question including a BATES
number, where applicable.
7. If a
Supplying Party makes documents or information available for
inspection, rather than delivering copies to another party,
no "Confidential" designation is required in
advance of the initial inspection. For the purposes of
initial inspection only, the documents shall be considered
"CONFIDENTIAL." Upon production of the inspected
documents, the Supplying Party shall designate which of the
produced or copied documents and materials are or contain
Confidential Information pursuant to Paragraph 6 of this
responses to written discovery contain Confidential
Information as defined in Paragraph 1 and 2 of this
Protective Order, the Responding Party may designate the
responsive documents and information, as set forth in
Paragraph 6, with specific indication of the page and line
references of the material that is "Confidential"
under the terms of this Protective Order.
parties may designate as Confidential any deposition
transcript, or portions thereof, in This Action that meets
the definition of Confidential Information provided in
Paragraphs 1 and 2 of this Protective Order. Counsel for the
designating party shall advise the court reporter and the
parties on the record during the deposition or by letter no
later than thirty (30) calendar days after the court reporter
provides the parties with the final deposition transcript. If
any portion or all of a deposition transcript is designated
as Confidential Information, the court reporter shall label
the cover page of the original and one copy of the transcript
to state that Confidential Information is contained therein,
and shall label as "Confidential" each page of the
transcript and/or exhibits to the deposition transcript that
constitute "Confidential Information." Confidential
designations of transcripts or portions thereof, apply to
audio, video, or other recordings of the testimony. The court
reporter shall clearly mark any transcript or portion thereof
prior to the expiration of the 30-day period as "DO NOT
DISCLOSE - SUBJECT TO FURTHER CONFIDENTIALITY REVIEW."
Deposition transcripts or portions thereof will be treated as
Confidential Information until expiration of the 30-day
period. If any party does not designate the transcript as
"Confidential" either at the time of the deposition
or within the 30-day period defined above, no portion of the
entire transcript will be deemed "Confidential" and
the "DO NOT DISCLOSE- SUBJECT TO FURTHER CONFIDENTIALITY
REVIEW" legend shall be removed. The 30-day period may
not be extended without mutual agreement of the parties.
Confidential Information Produced by ...