Rivard-Crook et al v. Accelerated Payment Technologies, Inc.

Filing 49

REVISED Stipulated PROTECTIVE ORDER. See Order for details. Signed by Magistrate Judge George Foley, Jr on 4/12/12. (Copies have been distributed pursuant to the NEF - ECS)

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SNELL & WILMER LLP
GREG BROWER QrlV Bar No. 5232)
KARL O. RILEY (NV Bar No. 12077)
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: 7 02-7 84-5252
Email: [e-mail]
[e-mail]

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DICKSTEIN SHAPIRO LLP
ARTHURF. SILBERGELD SBN

81093

2049 Centt¿ry Park East, Suite 700
Los Angeles, California 90067
Telephone : 3 I0-7 7 2-8300
Facsimile: 310-772-8300
Email: [e-mail]

CHRISTINE DE BRETTEVILLE SBN 198167
700 Hansen Way
Palo Alto, CA94304

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Telephone: [phone]
Facsimile: 650-690-9501
Email : debrettevillec@dicksteinshapiro. com

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Attorneys for Defendant

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ACCELERATED PAYMENT TECHNOLOGIES, [NC.

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MARQUIZ LAW OFFICE, P.C.
CRAIG A. MARQUIZ, ESQ. (NV Bar #7437)

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[e-mail]
3088 Via Flaminia Court
Henderson, NV 89052
Telephone: [phone]
Facsimile: (7 02) 263-5532

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Attorney for Plaintffi RIVARD-CROOK; CROOK;
CORONA; DECHAINE; DRAKE, JR.; HAYES;

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HERRERA; IMAHARA; I(NAPP; LAUE;
LAWRENCE; MALDONADO; STEVENS; and
V/RIGHT

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JOHNS & DURRANT LLP
NEIL B. DURRANT (NV Bar #7324)
316 East Bridger Ave,2d Floor
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
ndurrant@.i ohnsdurrantlaw. com
Attorneys for Plaintffi GRANAT and GAUTIER

STIPULATED PROTECTIVE ORDER

Case 2:10-cv-02215-LRH -GWF Document 48

Filed 04/11/12 Page 2 of 12

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case

No. 2:I0-cv-02215

Case

BARBARA RIVARD-CROOK; BILL CROOK;
RAMON CORONA; MONIQUE DECHAINE;
CHARLES DRAKE, JR.; LENORA HAYES;
RISA HERRERA; NATE IMAHARA; ERII(A
KNAPP; SANDRA LAUE; JOHN LAWRENCE;
ARCELIA MALDONADO; KELLY STEVENS;
RICK WzuGHT,

No.

Plaintiffs,

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ACCELERATED PAYMENT TECHNOLOGIES,
fNC., a Delawa¡e Corporation; and DOES 1
through 100, inclusive,

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Defendants

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Granat

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2:

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-CV-00986-GMN-RJJ

Plaintiff,

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VS

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ACCELERATED PAYMENT TECHNOLOGIES,
fNC., a Delaware Corporation; and DOES 1
through 100; and ROE Corporations 101 through
200

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Defendants.
Steve

LIDATED
Case No. 2:12-CY -00003 -RCJ-GWF

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Plaintiff,

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ACCELERATED PAYMENT TECHNOLOGIES,
INC., a Delaware Corporation; DOES I through
100; and ROE Corporations 101 through 200
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WHEREAS, a Protective Order was entered

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in

Rivard-Crook, et al.

v.

Accelerated

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Payment Technologies, Inc., Case No. 2:10-CY-2215 LRH-GWF (the "Rivard-Crook Case"), on

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}i4ay

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9,2011;
WHEREAS, since that time, two additional related cases, Granat v. Accelerated Payment

Technologies (Case

No. 2:11-CV-009S6-GMN-RJJ) and Gautier v. Accelerated Payment
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(REVISED) STIPULATED PROTECTTVE ORDER

Case 2:10-cv-02215-LRH -GWF Document 48

Filed 04/11/12 Page 3 of 12

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Technologies (Case No. 2:12-CV-00003-RCJ-GWF) were consolidated with the Rivard-Crook

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Case;

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WHEREAS, the parties agree that this Revised Stipulated Protective Order entered in the
Rivard Crook Case shall be applicable to the consolidated matters;

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WHEREAS, the instant Protective Order is identical that entered in the Rivard-Crook

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Case, but for the addition of the new parties, Granat and Gautier and the terms of the Court's

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May 9, 2011 Protective Order Governing Confidentiality of Documents, which is by this

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reference incorporated herein and also reflected in paragraphs 10 and I

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Vy'herefor, the parties having stipulated, by and through their respective counsel, for entry

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of a Revised Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil

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and the Court having been advised that the parties expect that information, either documentary or

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testimonial or both, regarded by the producing party as proprietary and confidential, may be

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disclosed in discovery and at any hearing or trial of this cause,

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IT IS HEREBY ORDERED that:

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1.

Procedure,

In connection with discovery proceedings in this action, the parties may designate

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any document, thing, material, testimony or other information derived therefrom,

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"CONFIDENTIAL" under the terms of this Revised Stipulated Protective Order (hereinafter

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"Order"). CONFIDENTIAL information is information that has not been made public and that

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concems or relates to the processes, operations, methods and procedures for business activities,

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payroll, gross receipts, employees and other financial information of the parties; the disclosure of

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which information may have the effect of causing harm to the competitive position of the person,

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firm, partnership, corporation, or to the organization from which the information was obtained.

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Extracts, summaries, and other documents or materials that reflect or disclose the contents of

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CONFIDENTIAL information shall likewise be treated as CONFIDENTIAL information for

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purposes of this Order.

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2.

Confidential documents shall be so designated

document produced

to a party with the

by

stamping copies

as

of the

legend "CONFIDENTIAL." Stamping the legend

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(REVISED) STIPULATED PROTECTIVE ORDER

Case 2:10-cv-02215-LRH -GWF Document 48

Filed 04/11/12 Page 4 of 12

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"CONFIDENTIAL" on the cover of any multi-page document shall designate all pages of the

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document as confidential, unless otherwise indicated by the producing party.

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Testimony taken at a deposition, conference, hearing or trial may be designated as

- ATTORNEYS' EYES ONLY" by making a

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"CONFIDENTIAL" or "CONFIDENTIAL

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statement to that effect on the record at the deposition or other proceeding. Arrangements shall

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be made with the court reporter taking and transcribing such proceeding to separately bind such

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portions

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CONFIDENTIAL - ATTORNEYS' EYES ONLY, and to label such portions appropriately. In

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addition, the attorneys for a party shall have thirty (30) days after receipt of the transcript to

of the transcript containing information

designated

as CONFIDENTIAL

of the testimony CONFIDENTIAL or ATTORNEYS'

or

EYES

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designate any other portions

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ONLY and to inform opposing counsel of such designation. Until such designation has

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made or the time for such designation has expired, deposition transcripts shall only be received

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by or made available to a "Qualiflred Person." The portions of the testimony so designated shall

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be subject to the provisions of this Order. No persons shall attend or receive transcript copies

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portions

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information, whether in the form of exhibits or oral testimony, unless such person is a Qualified

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Person.

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of

4.

depositions containing CONFIDENTIAL

or

been

of

ATTORNEYS' EYES ONLY

Material designated as CONFIDENTIAL under this Order, the information

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contained therein, and any summaries, copies, abstracts, or other documents derived in whole or

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in part from material designated as CONFIDENTIAL (hereinafter "Confidential Material") shall

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be used only for the purpose of the prosecution, defense, or settlement of this action, and for no

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other purpose except by further order of the Court or by written agreement of counsel on behalf

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of the party who designated the information as CONFIDENTIAL.

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5.

Confidential Material produced pursuant to this Order may be disclosed or made

to a "Qualified

Person," which shall include the court, counsel

for a party

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available only

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(including the paralegal, clerical, and secretarial staff employed by such counsel), and to the

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persons designated below:

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a.

apüty, or an officer, director, or employee of aparty deemed necessary
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(REVISED) STIPULATED PROTECTTVE ORDER

Case 2:10-cv-02215-LRH -GWF Document 48

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by counsel to aid in the prosecution, defense, or settlement of this action;

b.

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Filed 04/11/12 Page 5 of 12

experts or consultants (together with their clerical staff) retained by such

counsel to assist in the prosecution, defense, or settlement of this action;

c.
d.

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court reporter(s) employed in this action;

a witness at any deposition or other proceeding in this action,

if it is

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established from the face of the document that the witness has had access to the document or the

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information contained therein; and

e.

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any other person to whom the parties in writing agree. Prior to receiving

any Confidential Material in this action, each "Qualified Person" (except the Court or Court

of this Order and shall execute a nondisclosure

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personnel) shall be provided with a copy

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agreement in the form of Attachment

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party making a disclosure to a Qualified Person. Disclosure of CONFIDENTIAL information to

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any expert or consultant, their employees

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provider assisting counsel shall be limited to that confidential information necessary for the

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consultation work or preparation to testiff.

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6.

A, a copy of which shall be retained by counsel for

if

the

assisting any expert or consultant, or other service-

Depositions in which Confidential Material will be disclosed shall be taken only

in the presence of Qualified Persons.

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The parties may further designate certain discovery material or testimony of

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ATTORNEYS' EYES

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highly confidential and/or proprietary nature as "CONFIDENTIAL

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ONLY" (hereinafter "Attorneys' Eyes Only Material"), in the manner described in

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and 3 above. Attomeys' Eyes Only Material, and the information contained therein, shall be

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disclosed only to the court,

to counsel for the parties (including the paralegal, clerical, ffid

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secretarial staff employed

by such counsel), and to the "Qualified

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subparagraphs 5(b), (c) and (e) above, but shall not be disclosed to a party, or to an offtcer,

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director or employee

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disclosure and signed by counsel for the party who designated the information as Attorneys'

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Eyes Only material, or ordered by the Court.

of a

party, unless otherwise agreed

If

paragraphs 2

Persons" listed in

to in writing in

advance

of

the

disclosure of Attorneys' Eyes Only material is

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(REVISED) STIPULATED PROTECTTVE ORDER

Case 2:10-cv-02215-LRH -GWF Document 48

Filed 04/11/12 Page 6 of 12

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made pursuant to this parcgraph, all other provisions in this Order with respect to confidentiality

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shall apply.

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8.

Nothing herein shall impose any restrictions on the use or disclosure by

a

party of

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material obtained by such party independent of discovery in this action, whether or not such

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material is also obtained through discovery in this action, or from disclosing its own Confidential

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Material as it deems appropriate, subject to the provisions of paragraph 9 below.

9.

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Where aparty lawfully has or receives information or documents from

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entity not a party to this case, that information

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ATTORNEYS' EYES ONLY

a

person or

will not be treated as CONFIDENTIAL

if not marked as such by the producing

or

person or entity, except

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that: (1) any party may retroactively designate as "CONFIDENTIAL" or "CONFIDENTIAL -

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ATTORNEYS' EYES ONLY" any information obtained or received by another party from

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person or entity not a party to this case

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unlawfully obtained or received by the person or entity not a party to this case. (In such

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circumstances, the party who or which obtained the information from the third person may seek

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relief from the "CONFIDENTIAL" or "ATTORNEYS' EYES ONLY" designation pursuant to

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paragraph 13 of this Order); and (2) information maintained or received by a party's present or

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prior vendors may be designated as "CONFIDENTIAL" if it is produced by a party or vendor in

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this litigation.

10.

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if

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the designating party believes the information was

Other than as described below in paragraph 11, if Confidential Material, including

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any portion of a deposition transcript, designated as CONFIDENTIAL or ATTORNEYS' EYES

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ONLY, is included in any discovery or other non-dispositive motions to be filed in Court, such

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papers shall be labeled "Confidential

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order of this Court. However, only those portions of the motion, response, or reply pleadings

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which contain specific reference to the contents of confidential documents or information, and

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the exhibits which contain such confidential information, shall be filed under seal. The

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remainder of the pleading and other exhibits, which do not contain confidential information,

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shall be filed as publicly accessible documents unless otherwise specifically ordered by the

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Court.

- Subject to Court Order" and filed under seal until further

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(REVISED) STIPULATED PROTECTIVE ORDER

Case 2:10-cv-02215-LRH -GWF Document 48

11.

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Filed 04/11/12 Page 7 of 12

No documents which are filed with the Court as attachments to a

swnmary

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judgment or other dispositive motion, or documents which are identihed in the joint pretrial

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order, may be filed under seal unless the proponent seeking protected status of the document(s)

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establishes "compelling reasons"

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standards set forth

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2006), and as follows:

in Kamakana c. City and Council of Honolulu, 447 F3d ll72 (9th Cir.

a.

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to rebut the presumption of public access, pursuant to the

Any party seeking to seal attachments to a motion for summary judgment

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or other dispositive motion filed with the Court, or documents which are identified in the joint

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pretrial order, shall submit a separate memorandum of points and authorities which presents

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articulable facts identif ing the interests favoring continuing the secrecy of the attachments, and

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shows that these specific interests outweigh the public's interests

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overcome the presumption of public access to dispositive pleadings and attachments.

b.

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in disclosure sufficient to

Any application to seal documents attached to a motion for summary

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judgment or other dispositive motion, or documents identified in the joint pretrial order, shall be

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served on opposing counsel together with the documents proposed

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Opposing counsel shall have fifteen (15) days from service of any application to seal documents

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attached to a motion

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in the joint pretrial order in which to file a response.

12.

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to be filed under

seal.

for summary judgment or other dispositive motion, or documents identified

In the event that any Confidential Material is used in any court proceeding in this

it shall not lose its CONFIDENTIAL

status through such use, and the party using such

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action,

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shall take all reasonable steps to maintain its confidentiality during such use.

13.

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If, through inadvertence,

to this litigation

a producing party provides any confidential information

without marking the information as CONFIDENTIAL or

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pursuant

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CONFIDENTIAL

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subject

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immunity, the producing party may, within fifteen (15) business days of such disclosure, inform

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the receiving party or parties of the CONFIDENTIAL or ATTORNEYS' EYES ONLY or

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privileged or immune nature of the disclosed information, and the receiving party or parties shall,

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ATTORNEYS' EYES ONLY information, or provides any information

to a claim of

attorney-client privilege, attomey work product

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(REVISED) STIPULATED PROTECTIVE ORDER

or other privilege or

Case 2:10-cv-02215-LRH -GWF Document 48

Filed 04/11/12 Page 8 of 12

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as applicable, treat the disclosed information as CONFIDENTIAL or ATTORNEYS' EYES

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ONLY information under this Order, and shall return all copies of assertedly privileged or

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immune documents (and destroy all summaries of same) within five (5) business days of receipt

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of written notice from the producing party, and to the extent the receiving party or parties has or

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have already disclosed this information, the receiving party or parties shall promptly notify the

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producing party as to the specific recipients of such information and shall take all reasonable

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steps to remove such information from said recipients unless,

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and ATTORNEYS EYES' ONLY information, they are otherwise entitled to disclosure under

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this Protective Order. If a party or counsel for a party receives a document or other information

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that appears on its face to be inadvertently produced and subject to a claim of Privilege or

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Attorney V/ork Product ("privileged"), counsel for the receiving party will inform counsel for the

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producing party promptly after becoming awaÍe of the disclosure and will return such documents

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to the producing party immediately thereafter.

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14.

with respect to CONFIDENTIAL

This Order shall be without prejudice to the right of the parties: (i) to bring before

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the Court at any time the question of whether any particular document or information is

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confidential or whether its use should be restricted (provided, however that the parties and/or

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supplying person shall try first to dispose of such dispute in good faith on an informal basis. If

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the dispute cannot be resolved, the challenging party may seek appropriate relief from this

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Court.); or (ii) to present a motion to the Court under Rule 26(c) of the Federal Rules of Civil

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Procedure for a separate protective order as to any particular document or information, including

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restrictions differing from those as specified herein. This Order shall not be deemed to prejudice

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the parties in any way in any future application for modification of this Order. Moreover, nothing

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herein shall be construed as an agreement or admission against a party receiving purportedly

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confidential information that any information, document,

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CONFIDENTIAL or ATTORNEYS' EYES ONLY by a producing person is in fact confidential

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or proprietary. Further, this Order shall be without prejudice to the right of any party to oppose

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production of any information on grounds other than confidentiality.

or the like

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(REVISED) STIPULATED PROTECTTVE ORDER

designated

as

Case 2:10-cv-02215-LRH -GWF Document 48

15.

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Filed 04/11/12 Page 9 of 12

Third-parties may (a) designate deposition transcripts and any documents or

or by

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information they produce, whether voluntarily

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"CONFIDENTIAL

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as parties to this litigation and such documents

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this litigation in the same manner as documents or information so designated by a party, and

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(b) intervene in this litigation to enforce the provisions of this Order as if they were a party.

16.

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subpoena, "CONFIDENTIAL" or

ATTORNEYS' EYES ONLY" to the same extent and in the same manner

or information shall be treated by the parties to

This Order is entered solely for the purpose of facilitating the exchange of

to this action without involving the Court

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documents and information between the parties

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unnecessarily in the process. Nothing in this Order nor the production of any information or

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document under the terms of this Order nor any proceedings pursuant to this Order shall be

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deemed

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confidentiality or non-confidentiality of any such document or information or altering any

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existing obligation of any party or the absence thereof.

to

have the effect

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Failure

of a

of an admission or waiver by either party or of

party

to

challenge the propriety

of a

altering the

CONFIDENTIAL or

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ATTORNEYS' EYES ONLY designation at the time made, shall not preclude a subsequent

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challenge thereto.

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This Order shall survive the final termination of this action, to the extent that the

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information contained in Confidential Material is not or does not become known to the public,

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and the Court shall retain jurisdiction to resolve any dispute conceming the use of information

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disclosed hereunder. Upon termination of this case, counsel for the parties shall assemble and

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return to each other all documents, material and deposition transcripts designated as confidential

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and all copies of same, or shall certify the destruction thereof. However, counsel shall not be

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required by this provision to redact the discussion of CONFIDENTIAL or ATTORNEYS' EYES

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ONLY information contained in any briefs, pleadings, or other filings with the

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memoranda, conespondence, notes or other intemal documents, or to destroy or retum such

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documents, provided that such documents shall remain subject to the terms and conditions of this

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Order.

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(REVISED) STIPULATED PROTECTIVE ORDER

Court,

Case 2:10-cv-02215-LRH -GWF Document 48

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19.

Filed 04/11/12 Page 10 of 12

Neither the entry of this Order, nor the designation of any information, document

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or the like as CONFIDENTIAL or ATTORNEYS' EYES ONLY, nor the failure to make such

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designation, shall constitute evidence with respect to any issue in this action.

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20. If any party receives a request for CONFIDENTIAL or ATTORNEYS

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ONLY information, or if it receives any subpoena or other legal process purporting to require

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disclosure

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subpoena or legal process.

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EYES

of such information, said party shall notiff the producing party of said request,

RESPECTFULLY SUBMITTED

this

_ day of April, 2012.

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MARQUIZ LAV/ OFFICE, P.C.
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Bv: /s/ Crais A. Marourz
Craig A. Marquiz, Esq.
3088 Via Flaminia Court
Henderson, NV 89052
Attorney for Plaintiffs RIVARD-CROOK;
CROOK; CORONA; DECHAINE; DRAKE, JR.;
HAYES; HERRERA; IMAHARA; KNAPP; LAUE;
LAWRENCE; MALDONADO; STEVENS; and

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WRIGHT

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JOHNS & DURRANT LLP

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By : /s/ Neil Durrant
Neil Dunant, Esq.
316 East Bridger Ave,2d Floor
Las Vegas, NV 89101
Attorney for Plaintiffs GRANAT and GAUTIER

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DICKSTEIN SHAPIRO LLP
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By: lsl
Arthur Silbergeld, Esq. (Pro Hac Vice)
Christine de Bretteville, Esq. (Pro Hac Vice)
Attorneys for Defendant ACCELERATED
PAYMENT TECHNOLOGIES

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(REVISED) STIPULATED PROTECTTVE ORDER

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SNELL & WILMER, LLP

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By: lslKarl O. Riley
Greg Brower, Esq.
Karl O.Riley, Ese.
3883 Howard Hughes Pkovy., Ste. 1100
Las Vegas, NV 89169
Attorneys for Defendant ACCELERATED
PAYMENT TECHNOLOGIES

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ORDER
12th
IT IS SO ORDERED this _ day of April,2012

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United States Magistrate Judge

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(REVISED) STIPULATED PROTECTIVE ORDER

Case 2:10-cv-02215-LRH -GWF Document 48

Filed 04/11/12 Page 12 of 12

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ATTACHMENT "A"

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NONDISCLOSURE AGREEMENT

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do solemnly swear that I am fully aware of the terms of the

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Revised Stipulated Protective Order entered in Barbara Rivard-Crook et al. v. Accelersted

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Pqtment Technologies, Inc., Case No. 2:10-cv-02215, pending in the United States District

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Court for the District of Nevada, have received a copy of said Order and hereby agree to comply

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with and be bound by the terms and conditions of said Order unless and until modified by further

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Order of the Court. I hereby consent to the jurisdiction of said Court for purposes of enforcing

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this Order.

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Without limiting the foregoing, I agree that I will not disclose or discuss any material

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designated CONFIDENTIAL or CONFIDENTIAL - ATTORNEYS' EYES ONLY with any

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persons other than counsel for a party in the consolidated action and paralegal and clerical

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personnel assisting such counsel, and other persons permitted access to such material under the

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Order who have signed declarations under penalty of perjury undertaking to preserve the

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confidentiality of such material. I agree to use any material designated CONFIDENTIAL or

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CONFIDENTIAL - ATTORNEYS' EYES ONLY solely in connection with my participation in

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this action and for no other purpose. I agree to return all copies of material designated

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CONFIDENTIAL or CONFIDENTIAL - ATTORNEYS' EYES ONLY to counsel for the party

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that provided me with the material at the conclusion of my participation in this action.

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Dated:

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N14062663.3/33921 97-0000353 I 9l

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REVISED STIPULATED PROTECTTVE ORDER