Koven v. American Honda Motor Co., Inc.

Filing 28

ORDER that Paragraphs 8 and 12 of the parties' Stipulated Protect Order 27 are NOT APPROVED. The parties shall comply with the requirements of Local Rule 10-5(b) and the Ninth Circuit's decision in Kamakana, 447 F.3d 1172, with re spect to any documents filed under seal or used at trial. The parties' Stipulated Protective Order 27 , as modified and signed by the court, is APPROVED. Signed by Magistrate Judge Cam Ferenbach on 5/23/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DORI H. KOVEN

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Plaintiff,
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vs.
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AMERICAN HONDA MOTOR CO., INC.,
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Defendant.
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__________________________________________)

2:10-cv-00638-LDG -VCF
ORDER

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Before the court is the parties’ Stipulated Protective Order (#27) which the court approved, with
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the exception of Paragraphs 8 and 12. This order also reminds counsel that there is a presumption of public
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access to judicial files and records. The above referenced paragraphs of the parties' proposed stipulation
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were not approved and were deleted by the court. Paragraph 8 addressed using “Covered Matter” during
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pre-trial proceeding, and ordered the parties to comply with Local Rule 79-5, which does not exist in this
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court’s local rules. (#27). Paragraph 12 stated that "[a]ll documents of any nature (including without
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limitation exhibits, briefs, affidavits, motions, etc.) that are filed with the Court for any purpose and that
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contain CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS’ EYES ONLY information shall be filed
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in sealed envelopes or other sealed containers marked with the title of this proceeding, and identifying each
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document and thing therein and bearing a statement substantially in the following form: THIS
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DOCUMENT CONTAINS MATERIALS THAT ARE CONFIDENTIAL OR CONFIDENTIAL –
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ATTORNEYS’ EYES ONLY AND COVERED BY A PROTECTIVE ORDER.” Id.
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Special Order 109 requires the Clerk of the Court to maintain the official files for all cases filed on
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or after November 7, 2005, in electronic form. The electronic record constitutes the official record of the
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court. Attorneys must file documents under seal using the court’s electronic filing procedures. See LR 1027
5(b). That rule provides:
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Unless otherwise permitted by statute, rule or prior Court order, papers
filed with the Court under seal shall be accompanied by a motion for leave

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to file those documents under seal, and shall be filed in accordance with the
Court's electronic filing procedures. If papers are filed under seal pursuant
to prior Court order, the papers shall bear the following notation on the first
page, directly under the case number: "FILED UNDER SEAL PURSUANT
TO COURT ORDER DATED __________." All papers filed under seal
will remain sealed until such time as the Court may deny the motion to seal
or enter an order to unseal them, or the documents are unsealed pursuant to
Local Rule.

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Id.

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A party seeking to file a confidential document or utilize a confidential document at trial must also

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comply with the Ninth Circuit’s directives in Kamakana v. City and County of Honolulu, 447 F.3d 1172

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(9th Cir. 2006):

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Unless a particular court record is one “traditionally kept secret,” a “strong
presumption in favor of access” is the starting point. ... A party seeking to
seal a judicial record then bears the burden of overcoming this strong
presumption by meeting the “compelling reasons” standard. ... that is, the
party must “articulate[ ] compelling reasons supported by specific factual
findings,” that outweigh the general history of access and the public
policies favoring disclosure ....
In general, “compelling reasons” sufficient to outweigh the public’s
interest in disclosure and justify sealing court records exist when such
“court files might have become a vehicle for improper purposes,” such as
the use of records to gratify private spite, promote public scandal, circulate
libelous statements, or release trade secrets. ... The mere fact that the
production of records may lead to a litigant’s embarrassment, incrimination,
or exposure to further litigation will not, without more, compel the court to
seal its records.

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Id. at 1178-79 (citations omitted).

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To justify the sealing of discovery materials attached to non-dispositive motions, a particularized

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showing of good cause is required. Id. at 1180. To justify the sealing of discovery materials attached to

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dispositive motions or used at trial, however, a higher threshold is required: a particularized showing that

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compelling reasons support secrecy. Id. “A ‘good cause’ showing will not, without more, satisfy a

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‘compelling reasons’ test.” Id. When private discovery materials are attached to a dispositive motion (or

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response or reply) or used at trial, such materials become a part of a judicial record, and as such “are public

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documents almost by definition, and the public is entitled to access by default.” Id.

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Accordingly, and for good cause shown,

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IT IS ORDERED that:

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1.

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Paragraphs 8 and 12 of the parties’ Stipulated Protective Order (#27) are NOT
APPROVED.
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The parties shall comply with the requirements of Local Rule 10-5(b) and the Ninth

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Circuit’s decision in Kamakana, 447 F.3d 1172, with respect to any documents filed under

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seal or used at trial.

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3.

The parties’ Stipulated Protective Order (#27), as modified and signed by the court, is
APPROVED.

Dated this 23rd day of May, 2012.

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CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE

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ADAMS LAW GROUP, LTD.
James R. Adams, Esq. (Nevada Bar No. 6874)
Assly Sayyar, Esq. (Nevada Bar No. 9178)
8010 W. Sahara Ave., Suite 260
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile: +1.702.838.3636
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff Dori Koven
LATHAM & WATKINS LLP
Mark S. Mester (pro hac vice)
233 South Wacker Drive, Suite 5800
Chicago, Illinois 60606
Telephone: [phone]
Facsimile: +1.312.993.9767
E-mail: [e-mail]

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Attorneys for Defendants American
Honda Motor Co., Inc.

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(Additional Attorneys Listed On Signature Page)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
DORI H. KOVEN, on behalf of herself and
all those similarly situated,
Plaintiff,

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v.
AMERICAN HONDA MOTOR CO., INC.,

CASE NO. 2:10-cv-00638-LDG-VCF
STIPULATION FOR ENTRY OF
STIPULATED PROTECTIVE ORDER
Judge Lloyd D. George
Magistrate Judge Cam Ferenbach

Defendant.

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PROPOSED CLASS ACTION
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Plaintiff Dori H. Koven (“Plaintiff”) and Defendant American Honda Motor Co.,
Inc. (“AHM,” and collectively with Plaintiff, the “Parties”) stipulate to entry of the proposed
protective order attached hereto as Exhibit A. In support of this stipulation, the Parties state as
follows:
1.

The Parties are in the process of completing discovery on the issue of whether

Plaintiff and her counsel can satisfy the requirements of Fed. R. Civ. P. 23 for certification of the

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proposed class.
2.

Pursuant to the Court’s March 9, 2012 Order, that discovery is scheduled to be

concluded on May 15, 2012. See March 9, 2012 Order (Dkt. #26).
3.

In order to complete class discovery, the Parties need to exchange certain

documents and information that contain confidential, personal and/or proprietary information.
Among other things, certain of the documents requested by Plaintiff and her counsel from AHM
fall within the scope of Pioneer Electronics v. Superior Court, 40 Cal.4th 360 (2007), and can be
produced only if appropriate safeguards are in place.
4.

Accordingly, the Parties respectfully request the entry by the Court of the

proposed protective order attached hereto as Exhibit A.

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DATED: May 22, 2012

Respectfully submitted,

COUNSEL FOR PLAINTIFF
DORI H. KOVEN

COUNSEL FOR DEFENDANT
AMERICAN HONDA MOTOR CO., INC.

By: /s/ James R. Adams, Esq.

By: /s/Mark S. Mester, Esq.

ADAMS LAW GROUP, LTD.
James R. Adams, Esq. (Nevada Bar No. 6874)
Assly Sayyar, Esq. (Nevada Bar No. 9178)
8010 W. Sahara Ave., Suite 260
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile: +1.702.838.3636
E-mail: [e-mail]
[e-mail]

LATHAM & WATKINS LLP
Mark S. Mester (pro hac vice)
233 South Wacker Drive, Suite 5800
Chicago, Illinois 60606
Telephone: [phone]
Facsimile: +1.312.993.9767
E-mail:[e-mail]

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LAW OFFICES OF GREG W. MARSH, P.C.
Greg W. Marsh (Nevada Bar No. 000322)
731 South 7th Street
Las Vegas, Nevada 89101-6907
Telephone: [phone]
Facsimile: +1.702.387.0063
E-mail: [e-mail]

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BOWMAN AND BROOKE LLP
Curtis J. Busby (Nevada Bar No. 006581)
2901 North Central Avenue, Suite 1600
Phoenix, Arizona 85012
Telephone: [phone]
Facsimile: +1.602.248.0947
E-mail: [e-mail]
Attorneys for Defendant
American Honda Motor Co., Inc.

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CERTIFICATE OF SERVICE

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I hereby certify that on the 22nd day of May, 2012, I caused the attached
document to be electronically transmitted to the Clerk’s Office using the CM/ECF System for
filing and transmittal of a Notice of Electronic Filing to the following CM/ECF System
Registrants:

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James R. Adams
ADAMS LAW GROUP
8681 W. Sahara Avenue
Suite 280
Las Vegas, NV 89117
Email: [e-mail]

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Assly Sayyar
ADAMS LAW GROUP
8681 W. Sahara Avenue
Suite 280
Las Vegas, NV 89117
Email: [e-mail]

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By: /s/Mark S. Mester, Esq.

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LATHAM & WATKINS LLP
Mark S. Mester (pro hac vice)
233 South Wacker Drive, Suite 5800
Chicago, Illinois 60606
Telephone: [phone]
Facsimile: +1.312.993.9767
E-mail:[e-mail]

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Attorneys for Defendant
American Honda Motor Co., Inc.

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EXHIBIT A

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ADAMS LAW GROUP, LTD.
James R. Adams, Esq. (Nevada Bar No. 6874)
Assly Sayyar, Esq. (Nevada Bar No. 9178)
8010 W. Sahara Ave., Suite 260
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile: +1.702.838.3636
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff Dori Koven
LATHAM & WATKINS LLP
Mark S. Mester (pro hac vice)
233 South Wacker Drive, Suite 5800
Chicago, Illinois 60606
Telephone: [phone]
Facsimile: +1.312.993.9767
E-mail: [e-mail]

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Attorneys for Defendants American
Honda Motor Co., Inc.

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(Additional Attorneys Listed On Signature Page)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
DORI H. KOVEN, on behalf of herself and
all those similarly situated,
Plaintiff,

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CASE NO. 2:10-cv-00638-LDG-VCF
STIPULATED PROTECTIVE ORDER

v.

Judge Lloyd D. George
Magistrate Judge Cam Ferenbach

AMERICAN HONDA MOTOR CO., INC.,
Defendant.

CLASS ACTION

The parties to the above-captioned lawsuit possess information related to the subject
matter of this action that is confidential, and they recognize that in the course of discovery
proceedings, it may be necessary to disclose such information. Much of this information is, in
turn, protected as trade secrets and confidential business information or is otherwise protected by
law, as it contains, inter alia, private information concerning persons and entities that are not
parties to this lawsuit. Accordingly, each party wishes to ensure that such information shall be

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Case No. 2:10-cv-00638-LDG-VCF
Stipulated Protective Order

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subject to appropriate safeguards and shall not be used for any purpose other than the

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proceedings in this case.

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Pursuant to Federal Rule of Civil Procedure 26(c), to protect the trade secrets and

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confidential business and other information of the parties and third parties, the parties to this

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action, by and through their respective counsel, hereby stipulate to the following protective order

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for the protection of confidential information, documents and other things produced or given as

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part of the disclosure, discovery or litigation process in this action (“Protective Order”).

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IT IS H
EREBY ORDERED THAT:

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1.

Application Of This Protective Order. All information, testimony, things or

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documents filed with the Court or produced or given (either by a party or by a non-party) as part

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of discovery in this action shall be governed by this Protective Order, including without

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limitation all transcripts, exhibits, answers to interrogatories, copies thereof, other documents

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and things, and all information otherwise obtained from a party pursuant to discovery and/or trial

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in this litigation that any party designates as “CONFIDENTIAL” or “CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” (hereafter, collectively referred to as “Covered Matter”).

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2.

Confidential Designation. A party (the “Designating Party”) may designate as

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“CONFIDENTIAL” the whole or portion of any document or thing that the Designating Party

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reasonably believes in good faith in accordance with Fed. R. Civ. P. 26(c) contains confidential

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information, including but not limited to research, development, product design, financial,

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technical, marketing, surveys, product planning, personal and/or commercial information not

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readily available to the public.

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3.

Confidential – Attorneys’ Eyes Only Designation. A Designating Party may

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designate as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” the whole or that portion of

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any confidential information that the Designating Party reasonably believes in good faith in

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accordance with Fed. R. Civ. P. 26(c) contains highly sensitive information that, if disclosed,

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would or may cause harm, including but not limited to any (a) trade secrets, (b) confidential or

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competitively sensitive research, development, financial or commercial information, or

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Stipulated Protective Order

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(c) highly sensitive personal information (such as customer names, credit information, addresses

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and/or social security numbers). In addition, for confidential information that American Honda

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Motor Co., Inc. (“American Honda”) in good faith reasonably believes contains especially

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sensitive information, the disclosure of which to a competitor would likely result in harm to

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American Honda, American Honda shall further designate such confidential information as

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“COMPETITIVELY SENSITIVE.”

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4.

Designating And Marking Covered Matter. Confidential Matter to be designated

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“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to this

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Protective Order shall be designated and marked as follows:

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A.

Documents. Documents may be designated as “CONFIDENTIAL” by

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placing on each page the following legend (or equivalent thereof) on any such document:

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“CONFIDENTIAL.” Documents may be designated as “CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” by placing on each page the following legend (or equivalent thereof) on any such

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document: “CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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B.

Magnetic Or Optical Media Documents. The parties agree that for

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materials on magnetic or optical media (such as floppy diskette, CD or DVD), the medium

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container and the medium itself shall both be marked or labeled with the appropriate

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confidentiality notice as described in Paragraph 4(A) above, and the contents thereof shall be

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treated in accordance with this Order. To the extent that any party prints any of the information

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contained on magnetic or optical media that is designated as Covered Matter, such printouts will

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be marked as described in Paragraph 4(A) above.

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C.

Physical Exhibits. The confidential status of a physical exhibit shall be

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indicated by placing a label on said physical exhibit with the appropriate confidentiality notice as

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described in Paragraph 4(A) above.

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D.

Written Discovery. In the case of information incorporated in answers to

interrogatories or responses to requests for admission, the appropriate confidentiality designation

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Stipulated Protective Order

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as described in Paragraph 4(A) above shall be placed on each answer or response that contains

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Covered Matter.

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E.

Deposition Proceedings. Whenever Covered Matter is to be disclosed in a

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deposition, prior to making such disclosure, the party proposing to do so shall inform the witness

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on the record that the use of such information is subject to the terms of this Protective Order. If

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any person other than the witness is present at the deposition and does not come within the

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categories of persons defined in Paragraphs 9 or 10 of this Protective Order, that person shall not

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be permitted to be present while Covered Matter is used during the deposition.

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F.

Designation Of Transcripts. The attorney for any party or third party shall

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designate portions of a deposition transcript as “CONFIDENTIAL” or “CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” by making such designation on the record during the deposition.

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The portions designated during the deposition as “CONFIDENTIAL” or “CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY” shall be separated and treated as provided in Paragraphs 2 or 3 of

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this Protective Order (as appropriate) and shall be fully subject to the relevant provisions of this

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Protective Order. Transcripts that are not so designated on the record shall nevertheless be

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treated as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” until thirty (30) days after receipt

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of the deposition transcript by counsel for the witness during which period counsel for the

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witness may designate those portions of the deposition transcript (including exhibits) as

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“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (as appropriate).

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All portions of any deposition transcript not designated as “CONFIDENTIAL” or

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall be free from the provisions of this

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Protective Order.

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5.

Inadvertent Misdesignation. A Designating Party that inadvertently fails to mark

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an item as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (or

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marks an item with an incorrect designation of confidentiality) at the time of production shall not

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be deemed to have waived in whole or in part any claim of confidentiality, either as to the

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specific information disclosed or as to any other information on the same or related subject

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Stipulated Protective Order

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matter. Any such material shall be correctly designated as “CONFIDENTIAL” or

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” as soon as reasonably possible after the

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Designating Party becomes aware of the incorrect designation. Such correction and notice

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thereof shall be made in writing, accompanied by substitute copies of each item appropriately

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marked. Within five (5) days of receipt of the substitute copies, the receiving party shall return

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or destroy the previously unmarked (or incorrectly marked) items and all copies thereof.

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6.

Challenging Designation Of Covered Matter. A party may challenge the

designation of Covered Matter as follows:

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A.

If a party believes that material designated “CONFIDENTIAL” or

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” is not in fact the proper subject matter for

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such designation, or should be reclassified or revealed to an individual not otherwise authorized

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to have access to such material under the terms of this Protective Order, then such party shall

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provide to the Designating Party written notice of this disagreement with the designation. The

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parties shall then attempt to resolve such dispute in good faith on an informal basis.

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B.

If the parties are unable to resolve their dispute informally, then the person

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challenging the designation (the “Challenging Party”) may request appropriate relief from the

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Court. It shall be the burden of the Designating Party to establish that the contested Covered

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Matter is confidential and/or is entitled to the level of confidentiality selected by the Designating

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Party. In any event, unless and until a Court ruling is obtained changing a designation, or the

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Designating Party agrees otherwise in writing, the material involved shall be treated according to

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its existing designation.

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LIMITATIONS ON USE AND DISCLOSURE OF COVERED MATTER
7.

Use Of Covered Matter. All material designated as “CONFIDENTIAL” or

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall be used only for the purposes of this

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lawsuit and not for any other litigation, business or other purposes whatsoever. All Covered

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Matter designated as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY” shall be used by the party or parties to whom the information is produced solely for the

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purposes of this case. Unauthorized use of Covered Matter includes, but is not limited to,

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disclosure of such materials to the public as inclusion in pre- or post-termination publicity

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regarding the litigation and disclosure of such materials to any person who is not authorized by

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Paragraphs 9 and 10 to have access to such materials. No Covered Matter shall be disclosed to

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any person who is currently employed or retained by a competitor and participates in (a)

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competitive decision making, which is defined as activities, association, and relationship with a

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client that are such as to involve counsel’s advice or participation in any or all of the client’s

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decisions (pricing, product design, etc.) made in light of similar or corresponding information

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about a competitor or (b) patent prosecution activities that are materially related to the defect

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alleged to be at issue in the litigation.

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activities” include, without limitation: invention identification; invention evaluation; the decision

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whether to file a patent application for an invention; preparation of and/or amendments to

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original, continuation, divisional, continuation in-part, request for continued examination,

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reexamination, reissue, substitute, renewal, or convention applications; claim drafting; or

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consultation on any of the above activities. Notwithstanding any provision in this agreement,

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unauthorized use of Covered Matter does not encompass materials that (a) were in the recipient’s

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possession before receipt from the discloser, (b) are or become publicly known without breach

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by the recipient, (c) are rightfully received by the recipient from a third party without a duty of

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confidentiality, (d) are disclosed by the discloser to a third party without a duty of confidentiality

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on the third party, (e) are independently developed or learned by the recipient or (f) are disclosed

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by the recipient with the discloser’s prior written approval.

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8.

For purposes of this Protective Order, “patent prosecution

Use of Covered Matter During Court Proceedings. In the event that any Covered

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Matter is used in any pre-trial proceeding in this litigation (including but not limited to

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conferences, oral arguments or hearings), the Covered Matter shall not lose its status as Covered

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Matter through such use. For the purposes of hearings on motions, designation or citation in the

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briefs of Covered Matter shall be considered to be sufficient notice to a party with respect to

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information and documents referenced therein. Otherwise, no fewer than twenty-four ((24)

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hours prior to such pre-trial proceeding, the party intending to use Covered Matter shall notify

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the Designating Party of its intention to use such material. The party seeking to use the Covered

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Matter shall take all steps reasonably required to protect the confidentiality of the Covered

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Matter during such use, subject to the approval of the Court. The parties agree to meet and

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confer in good faith to establish procedures, in accordance with this Court’s standing orders, for

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the use of Covered Matter at any pre-trial proceeding and/or at trial (if any). When using any

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Covered Matter in pre-trial proceeding in this litigation, the parties shall comply with L.R. 79-5

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and this Court’s standing orders.

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9.

Disclosure Of “Confidential – Attorneys’ Eyes Only” Materials. Covered Matter

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designated as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall not be given, shown,

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made available or communicated in any way to anyone other than:

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A.

Counsel. In-house counsel and outside counsel of record (“Outside

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Counsel”) for the respective parties to this litigation, including necessary secretarial, clerical and

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litigation support or copy service personnel assisting such counsel.

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B.

Consultants And Experts. Consultants or expert witnesses retained

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specifically for the prosecution or defense of this litigation, provided that each such person has

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been cleared in accordance with the procedures set forth in Paragraph 11 below.

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C.

Judicial Personnel. The Court, Court personnel and Court reporters in

connection with this action

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D.

Designated Representatives. Designated representatives who are

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employees or officers of any named party to the litigation, provided that each designated

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representative executes, before receiving the disclosure, a copy of the Certification attached to

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this Protective Order as Exhibit A.

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E.
10.

Witnesses. Witnesses.

Disclosure Of “Confidential” Materials. Covered Matter designated as

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CONFIDENTIAL may be revealed to the persons designated in Paragraph 9 above, as well as to

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designated representatives who are employees or officers of any named party to the litigation,

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provided that each designated representative executes, before receiving the disclosure, a copy of

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the Certification attached to this Order as Exhibit A. The procedures set forth in Paragraph 9

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above shall also be applicable to materials designated CONFIDENTIAL.

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11.

Clearing Of Consultants And Experts To See Designated Materials. Prior to the

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disclosure to a consultant or expert witness of documents that have been designated as

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CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS’ EYES ONLY, the party wishing to

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make the disclosure shall cause the Consultant/Expert to execute the Consultant/Expert

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Certification form attached hereto as Exhibit B. Disclosure may be made to consultants,

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investigators, or experts (collectively, “Experts”) employed or retained by the Parties or counsel

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for the Parties to assist in the preparation and trial of the lawsuit subject to the restrictions set

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forth below. The parties agree that non-testifying Experts identified pursuant to this Paragraph

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11 will not be deposed or contacted, formally or informally, by the party to whom disclosure of

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their identity is made.

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12.

Submission Of Covered Matter To The Court. All documents of any nature

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(including without limitation exhibits, briefs, affidavits, motions, etc.) that are filed with the

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Court for any purpose and that contain CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS’

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EYES ONLY information shall be filed in sealed envelopes or other sealed containers marked

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with the title of this proceeding, and identifying each document and thing therein and bearing a

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statement substantially in the following form:

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THIS DOCUMENT CONTAINS MATERIALS THAT ARE
CONFIDENTIAL OR CONFIDENTIAL – ATTORNEYS’ EYES ONLY
AND COVERED BY A PROTECTIVE ORDER.

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13.

Protecting Covered Matter. Any person who receives any Covered Matter shall

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maintain such material in a secure and safe area and shall exercise due and proper care with

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respect to the storage, custody, use and/or dissemination of such material. No copies of any

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Covered Matter shall be made except to the extent necessary for litigation. If the duplicating

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process by which copies of Confidential Information are made does not reproduce the

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CONFIDENTIAL or CONFIDENTIAL – ATTORNEYS’ EYES ONLY stamp appearing on the

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Case No. 2:10-cv-00638-LDG-VCF
Stipulated Protective Order

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original, all copies shall be stamped with the original CONFIDENTIAL or CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY designation. All copies of CONFIDENTIAL and

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY information shall be kept in secure areas of

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the offices of attorneys of record or experts who are consulted concerning this matter.

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Documents contained on magnetic or optical media which are printed out by the receiving party

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shall be labeled with the same designation in which they were produced in paper format and as

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designated on the media itself. No persons other than those listed in Paragraphs 9 and 10 may

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make or cause to be made any copies of Covered Matter.

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14.

Improper Disclosure Of Covered Matter. If any Covered Matter is disclosed to

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any person other than in a manner authorized by this Protective Order, the party responsible for

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the disclosure or knowledgeable of such disclosure, upon discovery of the disclosure, shall

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immediately inform the Designating Party of all facts pertinent to the disclosure that, after due

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diligence and prompt investigation, are known to the party responsible for the disclosure or

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knowledgeable of the disclosure (including without limitation the name, address and employer of

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the person to whom the disclosure was made), and shall immediately make all reasonable efforts

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to prevent further disclosure by each unauthorized person who received such information.

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15.

Conclusion Of Litigation. All provisions of this Protective Order restricting the

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communication or use of Covered Matter shall continue to be binding after the conclusion of this

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action, unless otherwise agreed or ordered. Upon conclusion of the litigation, including the

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running of any time to appeal or to move for relief under Fed. R. Civ. P. 59 or 60 and the

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conclusion of any appeals or motions for relief under Fed. R. Civ. P. 59 or 60, a party in

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possession of Covered Matter shall destroy all such Covered Matter within the time period upon

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consent of the Designating Party and certify in writing within thirty (30) days that the documents

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have been destroyed. Notwithstanding anything to the contrary above, the parties and their

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Outside Counsel shall be entitled to retain one copy of the pleadings and correspondence in the

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action for their files, provided that they return or destroy all exhibits to such pleadings or

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correspondence that have been designated as Covered Matter.

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Case No. 2:10-cv-00638-LDG-VCF
Stipulated Protective Order

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16.

Attorney-Client Privilege And Work Product Protections. If information is

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produced in discovery that is subject to a claim of privilege or of protection as trial-preparation

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material, the party making the claim may notify any party that received the information of the

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claim and the basis for it. After being notified, a party must promptly return, sequester, or

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destroy the specified information and any copies it has and may not use or disclose the

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information until the claim is resolved. Nothing in this paragraph shall prevent the receiving

7

party from challenging the propriety of the attorney-client privilege or work product immunity or

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other applicable privilege or immunity designation by submitting a written challenge to the

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Court, although all parties agree not to argue that disclosure itself constitutes a waiver of any

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applicable privilege.

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GENERAL PROVISIONS

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17.

Jurisdiction. Any person receiving Covered Matter under the terms of this

13

Protective Order hereby agrees to subject himself or herself to the jurisdiction of this Court for

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purposes of any proceedings relating to the performance under, compliance with or violation of

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this Protective Order.

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18.

No Admissions. Unless the parties stipulate otherwise, evidence of the existence

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or nonexistence of a designation under this Protective Order shall not be admissible for any

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purpose, and adherence to this Protective Order in no way constitutes an admission by any party

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that any information designated pursuant to this Protective Order is or is not proprietary,

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confidential or a trade secret. Further, nothing herein shall be deemed to waive any applicable

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privilege or work-product protection or to affect the ability of a party to seek relief for an

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inadvertent disclosure of material protected by privilege or work-product protection or to affect

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any party’s right to use its own documents and its own Covered Matter in its sole and complete

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discretion. In addition, adherence to this Protective Order in no way constitutes a waiver of any

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party’s right to object to any discovery requests or admission of evidence on any grounds or to

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affect any party’s right to seek an order compelling discovery with respect to any discovery

27

request.

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Case No. 2:10-cv-00638-LDG-VCF
Stipulated Protective Order

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19.

Use Of The Protective Order. This Protective Order is for the sole purpose of

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facilitating discovery in the above-styled and numbered cause, and the Covered Matter obtained

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under the protection of this Protective Order may only be used for this case. It is expressly

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ordered that this Protective Order will not in any manner be disclosed to the jury in the above-

5

styled and numbered cause. It is further ordered that this Protective Order will not be used in

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any manner or form (direct or indirect) as evidence in any trial or any hearing or be referred to in

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any trial or any hearing on the merits of the case, except in a hearing that involves issues related

8

to the enforcement of any provision of this Protective Order. It is further ordered that this

9

provision is absolutely and completely essential to this Protective Order and that this paragraph

10

is not severable from any remaining paragraph or provision of this Protective Order.

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20.

Modification Of Protective Order. Any party for good cause may apply to the

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Court for a modification of this Protective Order. In the event such an application is made, the

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parties shall be bound by the terms of this Protective Order unless and until it is modified by the

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Court.

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IT IS SO ORDERED:

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United States Magistrate Judge Cam Ferenbach

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5-23-2012
DATED: ___________________________

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Case No. 2:10-cv-00638-LDG-VCF
Stipulated Protective Order

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COUNSEL FOR PLAINTIFF
DORI H. KOVEN

COUNSEL FOR DEFENDANT
AMERICAN HONDA MOTOR CO., INC.

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By: /s/ James R. Adams, Esq.

By: /s/Mark S. Mester, Esq.

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ADAMS LAW GROUP, LTD.
James R. Adams, Esq. (Nevada Bar No. 6874)
Assly Sayyar, Esq. (Nevada Bar No. 9178)
8010 W. Sahara Ave., Suite 260
Las Vegas, Nevada 89117
Telephone: [phone]
Facsimile: +1.702.838.3636
E-mail: [e-mail]
[e-mail]

LATHAM & WATKINS LLP
Mark S. Mester (pro hac vice)
233 South Wacker Drive, Suite 5800
Chicago, Illinois 60606
Telephone: [phone]
Facsimile: +1.312.993.9767
E-mail: [e-mail]

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LAW OFFICES OF GREG W. MARSH, P.C.
Greg W. Marsh (Nevada Bar No. 000322)
731 South 7th Street
Las Vegas, Nevada 89101-6907
Telephone: [phone]
Facsimile: +1.702.387.0063
E-mail: [e-mail]

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BOWMAN AND BROOKE LLP
Curtis J. Busby (Nevada Bar No. 006581)
2901 North Central Avenue, Suite 1600
Phoenix, Arizona 85012
Telephone: [phone]
Facsimile: +1.602.248.0947
E-mail: [e-mail]

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Attorneys for Defendant
American Honda Motor Co., Inc.

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Case No. 2:10-cv-00638-LDG-VCF
Stipulated Protective Order

EXHIBIT A
CERTIFICATION CONCERNING MATERIAL
COVERED BY STIPULATED PROTECTIVE ORDER
I, the undersigned, hereby certify that I have read and understand the attached Stipulated
Protective Order entered in Dori H. Koven v. American Honda Motor Co., Inc. I understand that
Covered Matter being provided to me is governed by the terms of the Protective Order. I
understand that Covered Matter is not to be reviewed by persons who are employed or retained
by a competitor and who engage (1) in patent prosecution activities (including inventors), or
(2) competitive decision making, as defined as activities, association, and relationship with a
client that are such as to involve counsel’s advise or participation in any or all of the client’s
decisions (pricing, product design, etc) make in light of similar or corresponding information
about a competitor except as provided for in this Protective Order, and I hereby certify that if I
am such a person, I will decline to receive such material. I agree to be bound by the terms of the
Protective Order and to submit to the personal jurisdiction of the United States District Court for
the District of Nevada with respect to any proceeding related to the enforcement of this
Protective Order, including any proceedings related to contempt of Court. I will not disclose
Covered Matter to anyone other than persons specifically authorized by the Order or use the
Covered Matter for any purpose other than this case. I will maintain all such Covered Matter
including copies, notes, or other transcriptions made therefrom in a secure manner to prevent
unauthorized access to it. I will return the Covered Matter including copies, notes, or other
transcriptions made therefrom to the counsel from whom I received such materials.
I declare under penalty of perjury that the foregoing is true and correct.
Name of Individual:
Company or Firm:
Address:
Telephone No.:
Relationship to this action and its parties:
Dated:

Signature:
A-1
Case No. 2:10-cv-00638-LDG-VCF
Stipulated Protective Order

EXHIBIT B
CONSULTANT EXPERT CERTIFICATION
I, the undersigned, hereby certify I have read the attached Stipulated Protective Order
entered in Dori H. Koven v. American Honda Motor Co., Inc. I understand that Covered Matter
is being provided to me pursuant to the terms of this Protective Order. I understand the terms of
this Protective Order. I agree to be bound by such terms and to submit to the personal
jurisdiction of the United States District Court for the District of Nevada with respect to any
proceeding related to the enforcement of this Protective Order, including any proceedings related
to contempt of Court. I will not disclose Covered Matter to anyone other than persons
specifically authorized by the Protective Order or use the Covered Matter for any purpose not
appropriate or necessary to my participation in this case. I will maintain all such Covered Matter
including copies, notes, or other transcriptions made therefrom in a secure manner to prevent
unauthorized access to it. I will return the Covered Matter including copies, notes, or other
transcriptions made therefrom to the counsel from whom I received such materials.
I certify that I am not engaged in business as a competitor of any person or entity
currently a party to this action. If, at any time after I execute this Consultant Certification and
during the pendency of the Action, I become engaged in business as or for a competitor of any
person or entity currently a party to this action, I will promptly inform the attorneys for the party
who retained me in this action, and I will not thereafter review any Covered Matter marked
“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” unless and until the
Court in the action orders otherwise.
I declare under penalty of perjury that the foregoing is true and correct.
Name of Individual:
Company or Firm:
Address:
Telephone No.:
Relationship to this action and its parties:
Dated:

Signature
B-1
Case No. 2:10-cv-00638-LDG-VCF
Stipulated Protective Order