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Pure Parlay, LLC v. Stadium Technology Group, Inc.

United States District Court, D. Nevada

January 8, 2020

PURE PARLAY, LLC a Nevada Limited Liability Company, Plaintiff,
v.
STADIUM TECHNOLOGY GROUP, INC., a Nevada corporation, and GVC HOLDINGS, PLC, a company incorporated in the Isle of Man, Defendants.

          DICKINSON WRIGHT PLLC MICHAEL N. FEDER, ESQ.

          ARNOLD & PORTER KAYE SCHOLER LLP EVAN M. ROTHSTEIN (ADMITTED PRO HAC VICE) PATRICK B. HALL (ADMITTED PRO HAC VICE)

          ARNOLD & PORTER KAYE SCHOLER LLP ANNE W. PEARLMAN (ADMITTED PRO HAC VICE) ATTORNEYS FOR DEFENDANTS

          FISHERBROYLES, LLP ROB L. PHILLIPS, ESQ. ATTORNEYS FOR PLAINTIFF

          (PROPOSED) STIPULATED PROTECTIVE ORDER

          BRENDAWEKSLER UNITED STATES MAGISTRATE JUDGE.

         Pursuant to Local Patent Rule 1-4, Plaintiff PURE PARLAY, LLC (“PP”), by its attorneys, and Defendants Stadium Technology Group, Inc., (“STG”) and GVC Holdings, PLC (“GVC”) (collectively, “Defendants”), by their attorneys, hereby stipulate and request that the following Protective Order be entered by the Court in the above entitled action.

         WHEREAS, it is anticipated that the Parties will be producing documents during the discovery phase of this litigation;

         WHEREAS, the discovery procedures in this case may require disclosure of information, either documentary or testimonial or both, that contain sensitive information relating to the Parties' trade secrets, processes, operations, research, know-how or apparatus, identification of customers, amount or source of income, profits, losses, or expenditures, technical or developmental information, or information concerning the Parties' services, marketing, sales, shipments, purchases, pricing, or transfers;

         WHEREAS, the Parties have agreed that the documents that contain sensitive information are so numerous that determining protected status on a document by document basis would unduly interfere with the prompt and efficient disposition of this lawsuit;

         WHEREAS, in the ordinary course of their respective businesses the Parties make significant efforts to keep such information confidential from competitors, customers, and the public at large, as disclosure of such information would impair its value or place a party at a competitive disadvantage;

         WHEREAS, the exchange of sensitive information between the Parties and/or third parties other than in accordance with this Order may cause unnecessary damage and injury to the Parties and to others;

         WHEREAS, the Parties have agreed upon the terms of this Order; and

         WHEREAS, the Court finds that the terms of this Order are fair and just and that good cause has been shown for entry of this Order;

         It is therefore ORDERED as follows:

         NATURE OF INFORMATION AND MATERIALS PROTECTED

         1. Applicability

         The confidentiality provisions of this Order shall apply to all depositions, productions of documents, answers to interrogatories, responses to requests for admissions, and all other discovery taken pursuant to the Federal Rules of Civil Procedure, as well as testimony adduced at trial, matters in evidence, and any other information that a producing party may designate as confidential in connection with this action.

         2. Designation of Confidential Information, Confidential-Attorneys Eyes Only- Source Code or Confidential-Attorneys Eyes Only Information

         a. Any document, portion of document, or other form of evidence or discovery that contains trade secret or other confidential research, development, or commercial information, including sensitive financial information and proprietary technical and business information, maintained as confidential may be designated by the Designating Party as Confidential Information, Confidential-Attorneys Eyes Only- Source Code or Confidential-Attorneys Eyes Only Information and shall be subject to the terms and restrictions of this Protective Order.

         b. The term "Designating Party" shall mean any party to this action, as well as any third party to the litigation (including counsel for such third party) who requests the protections provided by this Protective Order, who produces information pursuant to any discovery request.

         c. The term "Receiving Party'' shall mean the party hereto who is the recipient of information supplied by a Designating Party.

         d. The term "Confidential Information" means information that the Designating Party deems to constitute trade secrets, confidential research, proprietary technical information, commercial information, business information, financial information, processes, operations, research, know-how, or information concerning the production, marketing, services, shipments, purchases, transfers of the producing party, or other information that is not excepted from this Order by paragraph 2(g) below and the disclosure of which: (i) is likely to have the effect of harming the competitive position of the producing party, or (ii) would violate an obligation of confidentiality to a third person, including a court.

         e. The term "Confidential-Attorneys Eyes Only Information" means information that the Designating Party believes, reasonably and in good faith, meets the qualifications set forth herein, is not excepted from this Order by paragraph 2(g) below, and: (i) is information of the Designating Party, which, if disclosed to persons described herein, would likely harm the Designating Party's competitive position, which may include sensitive technical (e.g., current or prospective research and development), business or financial information (including, but not limited to, amount or source of any income, profits, losses, or expenditures, sales information, and pricing information), marketing or business plans, the names or other information tending to reveal the identities of a party's present or prospective customers, and the names or other information tending to reveal the identities of a party's suppliers or distributors and further limiting its access to a more restrictive group of persons or (ii) is information owned by another person that the Designating Party is under a contractual or legal obligation to protect from disclosure.

         f. The term “Confidential- Attorneys Eyes Only- Source Code” means human- readable programming language text that defines software, firmware, or electronic hardware descriptions and/or instructions. Confidential- Attorneys Eyes Only- Source Code includes, without limitation, computer code, scripts, assembly, object code, source code listings and descriptions of source code, object code listings and descriptions of object code, formulas, engineering specifications, or schematics that define or otherwise describe in detail the algorithms or structure of software. Confidential- Attorneys Eyes Only- Source Code further includes, but is not limited to: (1) printed documents that contain or refer to selected Source Code components; (2) electronic communications and descriptive documents, such as emails, design documents and programming examples, which contain or refer to selected Confidential-Attorneys Eyes Only- Source Code components, the disclosure of which would create a substantial risk of serious harm that could not be avoided by less restrictive means; (3) electronic Confidential- Attorneys Eyes Only- Source Code documents that reside in a Confidential-Attorneys Eyes Only- Source Code repository from which software and related data files may be compiled, assembled, linked, executed, debugged and/or tested; and (4) transcripts, reports, video, audio, or other media that include, quote, cite, describe, or otherwise refer to Confidential-Attorneys Eyes Only- Source Code, Confidential- Attorneys Eyes Only- Source Code files, and/or the development thereof. Confidential- Attorneys Eyes Only- Source Code may further include, but are not limited to, documents containing Confidential- Attorneys Eyes Only- Source Code in “C”, “C”, Java, Java scripting languages, assembler languages, command languages and shell languages. Confidential- Attorneys Eyes Only- Source Code may further include “header files, ” “make” files, project files, link files, and other human-readable text files used in the generation, compilation, translation, and/or building of executable software, including software intended for execution by an interpreter.

         g. Information shall be excepted from this Order if: (1) the information was already known to the Receiving Party by lawful means (and was not acquired from someone who unlawfully had or lacked authority to provide the confidential information) prior to acquiring it from, or it being disclosed by, another party in this litigation; (2) the information is or becomes publicly known through no act, omission, or fault of the Receiving Party and the material is not able to be recalled or removed from the public domain (such as by removal of a document from an electronic filing system for re-filing under seal); or (3) the information is rightfully obtained by the Receiving Party from a third-party that has authority to provide such information to the Receiving Party.

         h. The terms and restrictions of this Protective Order apply not only to those items or things which are expressly designated as Confidential Information, Confidential-Attorneys Eyes Only- Source Code or Confidential-Attorneys Eyes Only Information, but also to all copies, abstracts, excerpts, descriptions, analyses and summaries thereof, as well as to testimony and oral conversations that contain or disclose Confidential Information, Confidential-Attorneys Eyes Only-Source Code or Confidential-Attorneys Eyes Only Information derived therefrom or related thereto.

         i. The designation of Confidential Information, Confidential-Attorneys Eyes Only- Source Code or Confidential-Attorneys Eyes Only Information shall be made at the following times:

i. for documents, at the time of the production of the documents;
ii. for written responses to interrogatories or requests for admissions, at the time of the written response;
iii. for declarations and pleadings, at the time they are filed;
iv. for inspection of things or entry upon land or other property, prior to the inspection or entry; and
v. for deposition testimony, on record during the deposition or by written notice to all counsel of record within thirty (30) calendar days after receipt by the Designating Party of the deposition transcript. If no such designation has been made, pending the expiration of said thirty (30) days after receipt by the Designating Party of the deposition transcript, all parties shall presumptively treat the deposition transcript as Confidential-Attorneys Eyes Only Information or Confidential-Attorneys Eyes Only- Source Code. If no portions of the transcript are designated as Confidential Information, Confidential-Attorneys Eyes Only- Source Code or Confidential-Attorneys Eyes Only Information by any party on record during the deposition or by written notice to all counsel of record within said thirty (30) days, the transcript shall be considered to not be designated as Confidential, Confidential-Attorneys Eyes Only- Source Code or Confidential-Attorneys Eyes Only Information. Counsel for each party to this action shall be responsible for marking the designated portions of copies of the transcript in their possession with the legend ''CONFIDENTIAL," “CONFIDENTIAL-ATTORNEYS EYES ONLY- SOURCE CODE” or "CONFIDENTIAL-ATTORNEYS EYES ONLY" if written notice is provided within said thirty (30) days. With regard to designations of Confidential Information made during the deposition, the Designating Party shall have the right to have all persons, except the deponent and its counsel, counsel for named parties, the court reporter, and such other persons bound by this Protective Order who are permitted access to Confidential Information, excluded from a deposition, or any portion thereof, before the taking of testimony which has been designated as Confidential Information under this Protective Order. With regard to designations of Confidential-Attorneys Eyes Only Information and Confidential-Attorneys Eyes Only- Source Code made during the deposition, the Designating Party shall have the right to have all persons, except the deponent and its counsel, counsel for named parties, the court reporter, and such other persons bound by this Protective Order who are permitted access to Confidential-Attorneys Eyes Only Information or Confidential-Attorneys Eyes Only- Source Code, excluded from a deposition, or any portion thereof, before the taking of testimony which has been designated as Confidential-Attorneys Eyes Only Information or Confidential-Attorneys Eyes Only- Source Code under this Protective Order.

         j. The designation of Confidential Information, Confidential- Attorneys Eyes Only- Source Code or Confidential-Attorneys Eyes Only Information shall be made in the following manner: (i) for documents, by placing the legend "CONFIDENTIAL," “CONFIDENTIAL-ATTORNEYS EYES ONLY- SOURCE CODE” or "CONFIDENTIAL- ATTORNEYS EYES ONLY" on each page of such document; (ii) for tangible objects, by placing the legend "CONFIDENTIAL," “CONFIDENTIAL- ATTORNEYS EYES ONLY- SOURCE CODE" or "CONFIDENTIAL- ATTORNEYS EYES ONLY" on the object or the container therefor, or if not practicable, as otherwise agreed; (iii) for written responses to written interrogatories or requests for admissions, by placing the legend "CONFIDENTIAL," “CONFIDENTIAL- ATTORNEYS EYES ONLY- SOURCE CODE" or" CONFIDENTIAL- ATTORNEYS EYES ONLY" in the relevant responses and on the face of any such responses; (iv) for declarations or pleadings, by placing the legend “CONFIDENTIAL," “CONFIDENTIAL- ATTORNEYS EYES ONLY- SOURCE CODE” or “CONFIDENTIAL- ATTORNEYS EYES ONLY” on the face or title page of the document; (v) for inspection of things or entry upon land or other property, by stating in writing that Confidential Information, Confidential-Attorneys Eyes Only- Source Code or Confidential-Attorneys Eyes Only Information will be disclosed by the inspection or entry and specifying in writing those parts of the things or those areas of the premises in which such information will be revealed, and (vi) for electronic files produced in native format, by placing the legend "CONFIDENTIAL," “CONFIDENTIAL- ATTORNEYS EYES ONLY- SOURCE CODE" or "CONFIDENTIAL-ATTORNEYS EYES ONLY" on the disk or other storage media containing the electronic files. With respect to electronic files produced in native format, the Confidential, Confidential-Attorneys Eyes Only- Source Code or Confidential-Attorneys Eyes Only designations apply to the files in their entirety, including all content and any metadata. A Designating Party producing information from its own files for inspection and selection for copying by a Receiving Party has the right to require that the Receiving Party, during the course of the inspection and selection process, treat all such documents and materials made available during the inspection as Confidential-Attorney Eyes Only Information until such time the documents and materials selected for production may be reviewed by the Designating Party and individually designated pursuant to subsection (i) and (ii) of this section.

         k. It shall be the duty of the party seeking protection of Confidential Information, Confidential-Attorneys Eyes Only- Source Code or Confidential-Attorneys Eyes Only Information to indicate to the other party and its attorney of record which of the materials and testimony are considered Confidential Information, Confidential-Attorneys Eyes Only- Source Code or Confidential-Attorneys Eyes Only Information.

         l. Each party retains the right to subsequently redesignate documents it has produced and to require such documents to be treated in accord with such designations from that time forward. Upon redesignation of any document to a higher level of confidentiality as Confidential Information, Confidential-Attorneys Eyes Only- Source Code or Confidential-Attorneys Eyes Only Information, the Receiving Party shall take reasonable efforts to secure the return of the redesignated document from unqualified persons as described herein, and if data or information has been extracted or copies from a redesignated document by an unqualified person, that information or data shall be expunged and not used by the unqualified person.

         RESTRICTIONS ON ACCESS TO CONFIDENTIAL INFORMATION

         3.Access to Confidential Information

         Access to documents, testimony or other materials designated "CONFIDENTIAL" shall be limited to, and only to, the following "qualified persons":

         a. Counsel of record for any party who is assisting in this Action (including other law firm attorneys, and law firm personnel such as necessary secretarial, clerical, and litigation ...


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