Johnson v. Wynn Las Vegas LLC

Filing 16

AMENDED STIPULATED PROTECTIVE ORDER re 15 Order on Stipulation. Signed by Magistrate Judge Cam Ferenbach on 08/21/2012. (Copies have been distributed pursuant to the NEF - AC)

1 2 3 4 5 6 Marquis Aurbach Coffing CRAIG R. ANDERSON, ESQ Nevada Bar No. 6882 TYE S. HANSEEN, ESQ. Nevada Bar No. 10365 10001 Park Run Drive Las Vegas, Nevada 89145 Telephone: (702) 382-0711 Facsimile: (702) 382-5816 canderson@maclaw.com thanseen@maclaw.com Attorneys for Defendant 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 JANET JOHNSON, an individual, 10 Case No.: Plaintiff, 2:12-cv-00726-JCM-VCF vs. 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 11 13 WYNN LAS VEGAS, LLC, a domestic corporation; DOES I through X and ROE CORPORATIONS I through X, inclusive, 14 Defendant. 15 16 17 IT IS HEREBY STIPULATED, AGREED AND UNDERSTOOD by Plaintiff Janet Johnson (“Plaintiff”) and Defendant Wynn Las Vegas, LLC (“Wynn”), as follows: 18 1. Discovery in the above-entitled action may involve documents, photographs, 19 video, or other information of a proprietary and non-public nature, and that the parties consider 20 confidential or highly confidential. 21 22 2. Pursuant to FRCP 26(c), good cause exists for the issuance of a protective order governing the handling of certain documents, photographs, video, or other information. 23 3. This Order shall be applicable to and govern all confidential or highly confidential 24 information in any form (including without limitation information contained in or on any 25 tangible thing) produced or disclosed by or on behalf of any party to this litigation, in connection 26 with this Case No. 2:12-cv-00726-JCM-VCF (“Action”). 27 /// 28 /// Page 1 of 14 M&A:11200-019 1749509_3 1 2 4. The following definitions shall apply: a. “CONFIDENTIAL INFORMATION” other information documents, photographs, 4 “CONFIDENTIAL” by a Producing Party, who in good faith believes the 5 documents, photographs, video, or other information constitutes or include 6 proprietary or non-public information that: (i) is used by the party in, or 7 pertaining to, its business; (ii) is not generally known by the general 8 public; and (iii) the party normally would not reveal to third parties or, if 9 disclosed, would require such third parties to maintain in confidence. b. or mean 3 10 video, shall designated as “HIGHLY CONFIDENTIAL INFORMATION” shall mean documents, photographs, video, or other information designated thereon as “HIGHLY 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 11 CONFIDENTIAL” by a Producing Party, who in good faith believes the 13 documents, photographs, video, or other information are particularly or 14 especially sensitive and confidential that the Producing Party has and other 15 discovery materials which the Producing Party considers so sensitive or 16 confidential that added protections are warranted. 17 c. “Producing Party” shall mean the parties, person or entity producing 18 CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 19 INFORMATION or giving testimony in this Action regarding or relating 20 to CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 21 INFORMATION which has been designated as CONFIDENTIAL or 22 HIGHLY CONFIDENTIAL subject to this Protective Order. 23 d. “Recipient” shall mean the party, person or entity who has agreed in 24 writing to be subject to this Protective Order to whom the Producing Party 25 makes available CONFIDENTIAL INFORMATION or HIGHLY 26 CONFIDENTIAL INFORMATION. 27 persons or entities identified in Sections 7 and 8. Recipient shall include those 28 Page 2 of 14 M&A:11200-019 1749509_3 1 e. “Disclose” shall mean the transfer or delivery to a party, person or entity 2 of the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 3 INFORMATION, 4 CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 5 INFORMATION, or communicating the contents of the CONFIDENTIAL 6 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION. 7 5. CONFIDENTIAL permitting INFORMATION the or inspection HIGHLY or review of the CONFIDENTIAL 8 INFORMATION shall be used by the parties in this Action solely for the purpose of this Action, 9 and not for any other purpose whatsoever. 10 6. It is the intention of the parties that the designation of documents, photographs, video, or other information as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” be used 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 11 narrowly, and with the most limited use possible. 13 7. Information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” 14 and any copies, excerpts or summaries thereof, and any further information derived therefrom, 15 shall not be revealed, disclosed or otherwise made known to persons other than those specified 16 below or in any manner other than as specified below: 17 a. The Court—Any party may disclose and submit CONFIDENTIAL 18 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION to the 19 Court, 20 CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 21 INFORMATION, and information derived therefrom, which are filed with 22 the Court shall be filed in accordance with Paragraph 13 of this Stipulated 23 Protective Order. 24 b. including all persons employed by the Court. Any Outside Counsel—CONFIDENTIAL INFORMATION and HIGHLY 25 CONFIDENTIAL INFORMATION may be disclosed to outside counsel 26 for the parties in this action, including counsel’s employees and outside 27 contractors used to perform clerical functions. 28 Page 3 of 14 M&A:11200-019 1749509_3 1 c. Receiving Parties—CONFIDENTIAL INFORMATION may be disclosed 2 (1) to in-house counsel and (2) to other employees of a Receiving Party 3 whose participation in the prosecution or defense of the action, is 4 necessary in the good faith assessment of counsel for the Receiving Party. 5 d. Expert Witnesses—CONFIDENTIAL INFORMATION and HIGHLY retained to work on this action, including employees of such experts and 8 persons providing clerical or support services. 9 before any HIGHLY CONFIDENTIAL INFORMATION is provided to 10 an expert witness, the Receiving Party must obtain written consent from 11 the Producing Party, which consent will not be unreasonably refused. The 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 CONFIDENTIAL INFORMATION may be disclosed to outside experts 7 MARQUIS AURBACH COFFING 6 parties agree that such persons shall agree in writing in a form 13 substantially similar to Exhibit “A” attached hereto in advance of 14 receiving any HIGHLY CONFIDENTIAL INFORMATION to be subject 15 to its terms. 16 e. The parties agree that Employees And Former Employees Of The Producing Party— 17 CONFIDENTIAL INFORMATION and HIGHLY CONFIDENTIAL 18 INFORMATION of the Producing Party may be disclosed by the 19 Receiving Party during any deposition in this action or at trial of the action 20 to any employee of the Producing Party or its affiliates and any former 21 employee of the Producing Party or its affiliates who was employed by the 22 Producing Party or its affiliates (1) on the date the document was prepared 23 or dated, or (2) on the dates to which the information relates. Such 24 information may also be disclosed to any attorney representing such 25 person at his or her deposition. 26 HIGHLY CONFIDENTIAL INFORMATION is disclosed to any 27 employees of the Producing Party pursuant to this paragraph, the The parties agree that before any 28 Page 4 of 14 M&A:11200-019 1749509_3 1 Receiving Party must obtain written consent from the Producing Party, 2 which consent will not be unreasonably refused. 3 f. Non-parties—CONFIDENTIAL INFORMATION may be disclosed 4 during any deposition in the action or at trial of the actions to a non-party 5 witness (and any attorney representing such person at his or her 6 deposition). 7 g. Court Reporters—CONFIDENTIAL INFORMATION and HIGHLY 8 CONFIDENTIAL INFORMATION may be disclosed to court reporters 9 rendering court reporting services for depositions or the trial in the Civil 10 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 11 13 Actions, including the employees of such court reporters. 8. Recipients are prohibited from disclosing CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION except as permitted by this Protective Order. 9. Recipients of CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 14 INFORMATION hereby agree to be subject to the jurisdiction of this Court for the purpose of 15 any proceedings relating to CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 16 INFORMATION protected by this Protective Order. 17 10. The Recipient of any CONFIDENTIAL INFORMATION or HIGHLY 18 CONFIDENTIAL INFORMATION shall maintain such information in a secure and safe area 19 and shall exercise the same standard of due and proper care with respect to the storage, custody, 20 use and/or dissemination of such information as is exercised by the recipient with respect to its 21 own proprietary information. 22 11. In the event any Recipient to whom CONFIDENTIAL INFORMATION or 23 HIGHLY CONFIDENTIAL INFORMATION has been disclosed is no longer involved in this 24 Action, said Recipient shall return all CONFIDENTIAL INFORMATION and/or HIGHLY 25 CONFIDENTIAL INFORMATION to the Producing Party. The Recipient shall remain subject 26 to the provisions of this Protective Order. 27 28 12. CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION shall be designated as such by the Producing Party as follows: Page 5 of 14 M&A:11200-019 1749509_3 1 a. Documents (including documents or information included in discovery 2 responses)—Documents shall be designated as CONFIDENTIAL 3 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION by 4 placing or affixing on the document, or on a label associated with the 5 document, in a manner that will not interfere with its legibility, the 6 designation “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” 7 Designation on the first page of the document is sufficient to bring the 8 entire documents within the scope of this Order. 9 b. A Non-documentary information—In the event any CONFIDENTIAL disclosed by a Producing Party in electronic, photographic or other non- 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION is 11 MARQUIS AURBACH COFFING 10 documentary 13 CONFIDENTIAL” designation shall be placed on the jacket, cover or 14 container 15 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION is 16 produced. 17 CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 18 INFORMATION in the marked jacket, cover or container, and shall in 19 good faith take such steps necessary to ensure that the non-documentary 20 CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 21 INFORMATION is not disclosed except as provided in this Protective 22 Order. 23 c. form, in which the the “CONFIDENTIAL” non-documentary The Recipient shall maintain or “HIGHLY CONFIDENTIAL the non-documentary Testimony—The Producing Party may designate testimony or exhibits as 24 CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 25 INFORMATION by making a statement to that effect on the record when 26 the testimony is given or by identifying, by reference to pages and lines, 27 the 28 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION. In portions of the transcript that reflect CONFIDENTIAL Page 6 of 14 M&A:11200-019 1749509_3 the designating party wishes to designate as CONFIDENTIAL 3 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION may 4 be identified by page and line references. Designations made after a 5 deposition shall be made by written notice served on all counsel of record. 6 For thirty days after the receipt, the entire transcript of any deposition 7 shall be treated as CONFIDENTIAL INFORMATION, except that any 8 portions 9 INFORMATION at the time of and during the deposition shall be treated 10 as such. If testimony is designated as CONFIDENTIAL INFORMATION 11 or HIGHLY CONFIDENTIAL INFORMATION, the parties’ counsel and 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 addition, corrections, additions, or deletions to portions of a transcript that 2 MARQUIS AURBACH COFFING 1 the court reporter who transcribes the deposition testimony shall make 13 reasonable arrangements to maintain the confidentiality of any deposition 14 testimony or exhibits designated as CONFIDENTIAL INFORMATION or 15 HIGHLY CONFIDENTIAL INFORMATION in accordance with the 16 terms of this Order.1 17 transcript pages, covers or exhibits, and other measures to preclude the 18 disclosure 19 CONFIDENTIAL INFORMATION to other than qualified persons. 20 d. of of testimony designated HIGHLY CONFIDENTIAL These arrangements may include the marking of CONFIDENTIAL INFORMATION or HIGHLY In the event that documents, photographs, video, or other information that 21 may 22 CONFIDENTIAL INFORMATION are made available for inspection, 23 upon prior written notice by the Producing Party, the party inspecting the 24 documents and/or information shall treat all documents and information 25 produced 26 CONFIDENTIAL INFORMATION until selected copies are furnished. contain as CONFIDENTIAL CONFIDENTIAL INFORMATION INFORMATION or or HIGHLY HIGHLY 27 1 28 This does not apply to proceedings that the Court recorder records and transcribes. Page 7 of 14 M&A:11200-019 1749509_3 1 There will be no waiver of confidentiality by the inspecting of 2 CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 3 INFORMATION before it is copied and marked “CONFIDENTIAL” or 4 “HIGHLY CONFIDENTIAL.” 5 e. A Producing Party shall mark as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” any CONFIDENTIAL INFORMATION or HIGHLY 7 CONFIDENTIAL INFORMATION prior to or contemporaneously with 8 production and delivery of copies to the Recipient. Unless designated as 9 CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 10 INFORMATION, all documents, photographs, video, or other information 11 produced shall be considered non-confidential after production. 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 6 f. In the event that a Producing Party determines that documents, 13 photographs, video, or other information delivered to a Recipient were 14 inadvertently produced and not designated as CONFIDENTIAL 15 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION, the 16 Producing Party shall provide notice in writing to the Recipient, and the 17 Recipient shall mark as CONFIDENTIAL or HIGHLY CONFIDENTIAL 18 those documents, photographs, video, or other information identified, 19 which shall be deemed CONFIDENTIAL INFORMATION or HIGHLY 20 CONFIDENTIAL INFORMATION and the Recipient shall treat that 21 information in accordance with this Protective Order from and after the 22 date of receipt of written notice. 23 g. Any Producing Party’s inadvertent or unintentional failure to designate 24 documents, photographs, video, or other information as CONFIDENTIAL 25 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION shall 26 not be deemed a waiver in whole or in part of that Producing Party’s claim 27 of confidentiality, so long as the Producing Party provides the written 28 notification discussed in “f.” above within a reasonable time after learning Page 8 of 14 M&A:11200-019 1749509_3 1 that the confidential information was inadvertently or unintentionally 2 produced without an appropriate confidentiality designation. 3 13. Any material designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”, if Rules for Sealing and Redacting Court Records, Supreme Court Rules Part VII. If this Court 6 enters written findings that the sealing of the material is justified, the material will remain under 7 seal, but the material will be unsealed if, after considering the Nevada Rules for Sealing and 8 Redacting Court Records, this Court denies the filing Party’s concurrent request to seal the 9 material. The Party filing any paper which reflects, contains or includes any material designated 10 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” subject to this Protective Order shall also 11 file a concurrent motion to seal the material pursuant to the Nevada Rules for Sealing and 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 filed with this Court, shall be filed under seal pursuant to proceedings that adhere to the Nevada 5 MARQUIS AURBACH COFFING 4 Redacting Court Records and shall temporarily file the “CONFIDENTIAL” or “HIGHLY 13 CONFIDENTIAL” material in a sealed envelope bearing a statement substantially in the 14 following form until such time as this Court has considered the motion: “This envelope contains 15 material subject to a Protective Order of this Court. 16 proceedings have been initiated according to the Nevada Rules for Sealing and Redacting Court 17 Records, Supreme Court Rules Part VII. Unless this Court finds that there are no grounds to seal 18 or redact the enclosed material, the contents of this envelope should not be disclosed, revealed or 19 made public.” 20 14. Copies of any CONFIDENTIAL Pursuant to the Protective Order, INFORMATION or HIGHLY 21 CONFIDENTIAL INFORMATION filed with this Court prior to trial or received in evidence at 22 trial of this action, and any other materials falling within the terms of this Order which are so 23 designated at trial or at time of filing, shall be kept by the Clerk of this Court pursuant to the 24 Nevada Rules for Sealing and Redacting Court Records. Where possible only those portions of 25 documents consisting of CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 26 INFORMATION shall be filed in sealed envelopes. 27 28 15. In the event a party designates as CONFIDENTIAL or HIGHLY CONFIDENTIAL any information disclosed or discussed in the course of a deposition, the Page 9 of 14 M&A:11200-019 1749509_3 1 reporter for the deposition shall be directed that questions, answers, colloquy, and exhibits 2 referring or relating to any such CONFIDENTIAL INFORMATION or HIGHLY 3 CONFIDENTIAL INFORMATION shall be placed in a separate volume labeled so as to reflect 4 the confidentiality of the material contained therein. 5 16. In the event any party deposing a witness wishes to show or disclose 6 CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION to a non- 7 party witness, or a witness not qualified under this Protective Order to receive such information, 8 the 9 CONFIDENTIAL party shall not disclose the INFORMATION CONFIDENTIAL INFORMATION to until the witness such or HIGHLY CONFIDENTIAL to the attorney representing the Producing Party. The attorney representing the Producing Party 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION has been shown or disclosed 11 MARQUIS AURBACH COFFING 10 shall have a reasonable opportunity at the deposition to review the CONFIDENTIAL 13 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION and to object on the record to 14 its disclosure to the witness. In the event such an objection is interposed, the witness to whom 15 the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION will 16 be disclosed, and any persons attending the deposition who are not identified in paragraph 7 or 8 17 hereof, shall be first required to consent to and abide by the terms of this Protective Order before 18 the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION may 19 be disclosed. Should any person in the deposition refuse to consent to and abide by the terms of 20 this Protective Order, then he or she shall leave the deposition room until the conclusion of the 21 questioning concerning the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 22 INFORMATION, and shall not be entitled to receive copies of any CONFIDENTIAL 23 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION or portions of the transcript 24 relating 25 INFORMATION absent further order of this Court. This procedure applies in the case of all 26 depositions conducted in this Action, whether conducted within or outside the State of Nevada. 27 /// 28 /// to the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL Page 10 of 14 M&A:11200-019 1749509_3 1 17. If any portion of a deposition transcript is filed and contains CONFIDENTIAL 2 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION, that portion of the transcript 3 shall bear the appropriate legend on the caption page and shall be filed under seal. 4 18. A Recipient shall not be obligated to challenge the propriety of any shall not preclude a subsequent challenge thereto. In the event any party objects at any stage of 7 these proceedings to a CONFIDENTIAL or HIGHLY CONFIDENTIAL designation, such party 8 shall notify the Producing Party of its objection in writing specifically setting forth the objection. 9 If the parties are unable to resolve their dispute after making good faith attempts to do so, the 10 party challenging the designation may request appropriate relief from the Court, provided ten 11 days have passed since the Producing Party was first notified of the dispute. During the notice 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 CONFIDENTIAL or HIGHLY CONFIDENTIAL designation when made, and failure to do so 6 MARQUIS AURBACH COFFING 5 period, the objecting party shall confer in-person or via telephone with the Producing Party in a 13 good faith effort to resolve the dispute. The objecting party’s failure to meet and confer shall be 14 dispositive of the objecting party’s right to further challenge, until it satisfies the meet and confer 15 standard 16 CONFIDENTIAL designation. The burden of proving information has been properly designated 17 as CONFIDENTIAL or HIGHLY CONFIDENTIAL is on the Producing Party. 18 19. and requirements, the propriety of any CONFIDENTIAL or HIGHLY Nothing in this Protective Order shall be construed as an admission or agreement 19 that any specific document or information is or is not confidential or is or is not otherwise 20 subject to discovery or is admissible in evidence. Nothing in this Protective Order shall be 21 deemed a waiver of any party’s rights to oppose production of any information or documents for 22 any reason other than the confidentiality of such information or documents. All documents and 23 things designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL shall be used only for 24 purposes of this proceeding or for dealing with any claim or controversy that is or shall be the 25 subject of this proceeding. 26 20. Use of any CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL 27 INFORMATION in any Court proceeding shall not, without further order of the Court, cause 28 such information to lose its CONFIDENTIAL or HIGHLY CONFIDENTIAL status. The parties Page 11 of 14 M&A:11200-019 1749509_3 1 shall take all steps reasonably required to protect the confidentiality of such information during 2 such use. 3 21. The restrictions provided for herein shall not terminate upon the conclusion of this 4 Action but shall continue until further order of this Court; provided, however, that this Protective 5 Order shall not be construed: (i) to prevent any party or its counsel from making use of 6 information which was lawfully in its possession prior to its disclosure by the Producing Party; 7 (ii) to apply to information which appears in printed publications or becomes publicly known 8 through no fault of any party or its counsel; or (iii) to apply to information which any party or its 9 counsel has lawfully obtained since disclosure by the Producing Party, or shall thereafter 10 22. Nothing in this Order shall preclude any party to the lawsuit or its attorneys from: 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 11 lawfully obtain, from a third party having the right to disclose such information. (i) showing a document or information designated as CONFIDENTIAL or HIGHLY 13 CONFIDENTIAL to an individual who either prepared or reviewed the document or information 14 prior to the filing of this Action; or (ii) disclosing or using, in any manner or for any purpose, 15 any information or documents from the party’s own files which the party itself has designated as 16 CONFIDENTIAL or HIGHLY CONFIDENTIAL. 17 23. Upon final determination of the above-captioned proceeding, including all 18 appeals, except as provided herein below, all documents, photographs, video, or other 19 information designated CONFIDENTIAL or HIGHLY CONFIDENTIAL which are in the 20 possession of any Recipient shall be destroyed or returned to counsel of record for the Producing 21 Party, and all persons who have had access to or possession of the CONFIDENTIAL 22 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION shall certify that they have 23 either destroyed such material and all copies thereof or returned all such information and all 24 copies thereof to the Producing Party. Notwithstanding any of the foregoing, outside counsel 25 shall be entitled to keep their copies of pleadings and other papers submitted to the Court. 26 27 24. This Protective Order may be modified only by stipulation of the parties so ordered by the Court or by other Order of the Court. 28 Page 12 of 14 M&A:11200-019 1749509_3 1 25. Parties later joined to this Action or not signing this Order shall not be entitled to 2 receive or review anything designated CONFIDENTIAL or HIGHLY CONFIDENTIAL under 3 the terms of this Order until and unless they sign and agree to the terms of this Order. 4 26. In the event a Recipient who has received CONFIDENTIAL or HIGHLY CONFIDENTIAL subject to this Order is: (a) subpoenaed in another action; (b) served with a 6 demand in another action to which the person is a party; or (c) served with any other legal 7 process by one not a party to this action, that seeks CONFIDENTIAL or HIGHLY 8 CONFIDENTIAL, he, she, or it shall give prompt written notice of the receipt of such subpoena, 9 demand or other legal process to the designating party and its counsel, and upon request, shall 10 reasonably cooperate with the designating party in its efforts to protect the CONFIDENTIAL or 11 HIGHLY CONFIDENTIAL designated information from disclosure. 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 5 27. This Protective Order shall apply to pretrial proceedings and discovery only. The 13 Court will establish separately any necessary procedures for handling CONFIDENTIAL 14 INFORMATION or HIGHLY CONFIDENTIAL INFORMATION during the trial of this 15 matter. The District Court Judge designated to hear discovery matters in this action may hear 16 and decide all matters arising under this Order. 17 DATED this 20th day of August, 2012. DATED this 20th day of August, 2012. 18 G. DALLAS HORTON & ASSOCIATES MARQUIS AURBACH COFFING 19 20 21 22 23 24 25 By: /s/ Christian Z. Smith G. Dallas Horton, Esq. Nevada Bar No. 5996 Christian Z. Smith, Esq. Nevada Bar No. 8266 4435 South Eastern Avenue Las Vegas, Nevada 89119 Attorney for Plaintiff By: /s/ Tye S. Hanseen Craig R. Anderson, Esq. Nevada Bar No. 6882 Tye S. Hanseen, Esq. Nevada Bar No. 10365 10001 Park Run Drive Las Vegas, Nevada 89145 Attorneys for Defendant 21st August IT IS SO ORDERED this ____ day of _____________, 2012. 26 27 28 UNITED STATES DISTRICT MAGISTRATE JUDGE Page 13 of 14 M&A:11200-019 1749509_3 1 EXHIBIT A 2 CONFIDENTIALITY AGREEMENT 3 I,______________________________ do hereby acknowledge and agree as follows: 4 1. 5 6 I have read the Stipulated Confidentiality Agreement and Protective Order of which the form of this agreement is an exhibit. 2. I understand the terms of the Stipulated Confidentiality Agreement and Protective 7 Order and agree to be bound by, and to strictly adhere to, all terms and provisions of the 8 Stipulated Confidentiality Agreement and Protective Order. 9 3. I hereby submit to the jurisdiction of the United States District Court, District of Nevada solely for purpose of enforcement of the Stipulation and Protective Order and this 11 Agreement. 12 10001 Park Run Drive Las Vegas, Nevada 89145 (702) 382-0711 FAX: (702) 382-5816 MARQUIS AURBACH COFFING 10 DATED: _________________________, 2012 13 14 _________________________________ Signature 15 16 _________________________________ Name 17 _________________________________ Address 18 19 _________________________________ Telephone Number 20 21 22 23 24 25 26 27 28 Page 14 of 14 M&A:11200-019 1749509_3