Integrated Technological Systems, Inc. v. Green Dot Corporation

Filing 29

PROTECTIVE ORDER Granting 27 Stipulated Protective Order. Signed by Magistrate Judge Peggy A. Leen on 1/13/12. (Copies have been distributed pursuant to the NEF - ASB)

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Michael D. Rounds (Nevada Bar No. 4734)
Ryan Johnson (Nevada Bar No. 9070)
WATSON ROUNDS
777 North Rainbow Blvd., Suite 350
Las Vegas, NV 89107
Telephone: [phone]
[e-mail]
[e-mail]
Steve W. Berman (admitted pro hac vice)
Andrew M. Volk (admitted pro hac vice)
Hagens Berman Sobol Shapiro LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]

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Nicholas S. Boebel (admitted pro hac vice)
Hagens Berman Sobol Shapiro LLP
5001 Chowen Ave. S., Suite 2000
Minneapolis, MN 55410
Telephone: [phone]

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Attorneys for Plaintiff Integrated Technological Systems, Inc.

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[Attorneys for Defendant Green Dot Corp. Listed on Signature Page]

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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INTEGRATED TECHNOLOGICAL
SYSTEMS, INC.,
Civil Action No. 2:11-cv-01626-RCJ-PAL
Plaintiff,

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v.

STIPULATED PROTECTIVE ORDER

GREEN DOT CORPORATION,
Defendant.

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Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and with the consent of
the parties to this action, IT IS HEREBY ORDERED:

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STIPULATED PROTECTIVE ORDER – 1
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1.

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All documents, materials, items, and/or information which contain or comprise

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confidential and sensitive research, development or commercial information produced either by a

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party or by a non-party to or for any of the parties shall be governed by this Protective Order.

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2.

Any information produced by any party or non-party as part of discovery in this

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action may be designated by such party or non-party as (1) “Confidential” or (2) “Confidential-

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Attorneys’ Eyes Only.” As a general guideline, materials designated “Confidential” shall be

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those confidential and sensitive things that may be disclosed to the parties for the purpose of the

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litigation, but which must be protected against disclosure to third parties. As a general guideline,

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materials designated “Confidential-Attorneys’ Eyes Only” shall be those confidential and

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sensitive things of a proprietary business or technical nature which might be of value to a

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potential competitor of the party or non-party holding the proprietary rights thereto, and which

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must be protected from disclosure to such party and/or third parties. Absent a specific order by

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this Court, information once designated as “Confidential” or “Confidential-Attorneys’ Eyes

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Only” shall be used by parties solely in connection with this litigation, and not for any business,

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competitive, or governmental purpose or function, and such information shall not be disclosed to

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anyone except as provided herein.

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3.

Any party or non-party wishing to come within the provisions of this Protective

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Order shall designate, in writing, the documents, information, or portions thereof which he, she

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or it considers confidential at the time such documents are produced or such information is

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disclosed, or as soon thereafter as the person or entity seeking protection becomes aware of the

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nature of the information or materials disclosed and sought to be protected hereunder. In the

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instance of documents, the items produced must be marked “Confidential” or “Confidential-

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Attorneys’ Eyes Only” by the producing party or non-party. In the instance of depositions,

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counsel may, in the record of the deposition, designate the transcript or portion thereof as

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“Confidential” or “Confidential-Attorneys’ Eyes Only,” and only the parties identified in

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Paragraphs 4 and 5 may then be present in the depositions. The witness under deposition or his

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counsel may invoke the provisions of this Protective Order in a timely manner, giving adequate

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warning to counsel for the party or non-party that testimony about to be given is deemed

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“Confidential” or “Confidential-Attorneys’ Eyes Only.” The designations should be made on the

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record whenever possible, but a party may designate portions of a deposition either

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“Confidential” or “Confidential-Attorneys’ Eyes Only” provided written notice of such

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designation is given to each party no later than ten (10) days following receipt of the deposition

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transcript.

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4.

Documents, deposition testimony, or answers to interrogatories stamped

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“Confidential,” or copies or extracts therefrom, and compilations and summaries thereof, and the

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information therein, may be given, shown, made available to, or communicated in any way only

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to the parties and/or employees thereof, who agree in advance to abide by this Protective Order

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by executing Attachment A hereto, and to whom it is necessary that the material be shown for

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purposes of this litigation.

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5.

Documents, deposition testimony, or answers to interrogatories stamped

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“Confidential-Attorneys’ Eyes Only” or copies or extracts therefrom, and summaries and

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compilations thereof, and the information therein, may be given, shown, made available to, or

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communicated in any way only to (a) the trial counsel designated on the pleadings for the law

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firms of record in this actions and those of their staff to whom it is necessary that the materials

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be shown for the purposes of this litigation; (b) consultants as defined in Paragraph 6 hereof.

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6.

For purposes of Paragraph 5(b) hereof, a consultant shall be defined as a person

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who is not an employee of a party nor anticipated to become an employee in the near future, and

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who is retained or employed as a bona fide consultant or testifying expert for purposes of this

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litigation, or members of their staffs, whether full or part-time, by or at the direction of counsel

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for a party, provided that such consultant(s) shall first execute the Agreement of Attachment A.

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All confidential information covered by this order shall be kept in secure facilities

at trial counsel's offices and in no event be taken to or stored on the premises of a party without

STIPULATED PROTECTIVE ORDER – 3
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having first received written permission from the party designating the document confidential,

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and access to those facilities shall be permitted only to those designated persons set forth in

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Paragraphs 4, 5, and 6 of this Protective Order as persons properly having access thereto under

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the appropriately designated degree of confidentiality. All counsel for the parties who have

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access to confidential information under this Protective Order acknowledge they are bound by

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this Order and submit to the jurisdiction of this Court for purposes of enforcing this Order.

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8.

Any party filing with the Court pages or parts of court papers, discovery

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responses, production of documents or things, or deposition transcripts, which have been

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designated as containing “Confidential” or “Confidential-Attorneys’ Eyes Only” information, or

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any court papers purporting to reproduce or paraphrase such Confidential Information, shall seek

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to file the papers under seal. No party or non-party shall file or submit for filing as part of the

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Court record any documents under seal without first obtaining leave of the court.

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Notwithstanding any agreement among the parties, the party seeking to file a paper under seal

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bears the burden of overcoming the presumption in favor of public access to papers filed in

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Court.

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If any document or information designated to be “Confidential” or “Confidential-

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Attorneys’ Eyes Only” pursuant to this Protective Order is used during the course of a deposition

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herein, that portion of the deposition record reflecting such confidential information shall be

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sealed and stamped with the designated degree of confidentiality, and access thereto shall be

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limited pursuant to the other terms of this Protective Order.

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10.

A party should designate as “Confidential” or “Confidential-Attorneys’ Eyes

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Only” only such information or documents as the party reasonably and in good faith believes

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require and justify protection under this Protective Order. If, at any time during the pendency or

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trial of this action, counsel for any party claims that counsel for any other party is unreasonably

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claiming certain information produced herein to be confidential, or otherwise wishes to have

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materials re-designated, objecting/requesting counsel may make an appropriate application to

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this Court, with confidential portions thereof to be kept under seal, requesting that specifically

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identified documents, information, and/or deposition testimony be excluded from the provisions

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of this Protective Order or downgraded in terms of the degree of protection provided. Before

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filing any such application, the party seeking relief shall confer with the other party to determine

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whether the matter can be resolved by agreement.

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The pretrial order submitted by the parties in this action shall address the

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treatment at trial of documents, information or testimony designated “Confidential” or

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“Confidential-Attorneys’ Eyes Only” pursuant to this Protective Order, unless the confidentiality

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of such information has been removed by agreement of counsel or by this Court in accordance

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with the provisions of Paragraph 10 of this Protective Order.
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At any hearing relating to this litigation prior to trial before any judicial officer,

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subject to the rules of evidence and order of the Court, a party may use any “Confidential” or

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“Confidential-Attorneys’ Eyes Only” information or documents for any purpose, provided that

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adequate prior notice of such use is given to counsel for the opposing party to permit the

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opposing party the opportunity to obtain appropriate protection from the Court, including a

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request to the Court that the courtroom be cleared and that the court employees be advised as to

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the terms of this Protective Order. If any party reasonably anticipates that “Confidential” or

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“Confidential-Attorneys’ Eyes Only” information or documents will be presented in any hearing

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in this litigation, it may request that the Court close the courtroom during such presentation. If

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the Court denies any such request, the use of “Confidential” or “Confidential-Attorneys’ Eyes

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Only” information or documents in court shall not affect its coverage by this Protective Order or

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constitute a waiver of secrecy with respect thereto.

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The terms of this Protective Order shall apply to all manner and means of

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discovery, including entry onto land or premises and inspection of books, records, documents,

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and tangible things.

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14.

This Protective Order shall be effective on the date entered by the Court.

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Within ninety (90) days after the conclusion of this action, unless otherwise

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agreed by the parties, all confidential materials and/or information shall be destroyed, unless the

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producing party or non-party requests the return of the materials and/or information, in which

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case all confidential materials and/or information shall be returned to the producing party or non-

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party within ninety (90) days of the conclusion of this action. Notwithstanding this provision,

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counsel for the parties may keep a full and complete record of all documents generated as a

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result of this Litigation, including correspondence, handwritten notes, emails, deposition and

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Court transcripts, and documents filed with the Court, subject to the terms of this Protective

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Order.

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IT IS SO STIPULATED.

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Dated: January 12, 2012

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Michael D. Rounds (Nevada Bar No. 4734)
Ryan Johnson (Nevada Bar No. 9070)
WATSON ROUNDS
777 North Rainbow Blvd., Suite 350
Las Vegas, NV 89107
Telephone: [phone]
[e-mail]
[e-mail]

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Of Counsel:
s/ Steve W. Berman
Steve W. Berman (admitted pro hac vice)
Andrew M. Volk (admitted pro hac vice )
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Nicholas S. Boebel (admitted pro hac vice )
HAGENS BERMAN SOBOL SHAPIRO LLP
5001 Chowen Ave. S., Ste. 2000
Minneapolis, MN 55410
Telephone: [phone]
Attorneys for Plaintiff Integrated
Technological Systems, Inc.

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STIPULATED PROTECTIVE ORDER – 6
005005-12 496664 V1

W. WEST ALLEN
[e-mail]
LEWIS AND ROCA LLP
3993 Howard Hughes Pkwy, Suite 600
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
s/ J. Bennett Clark
J. BENNETT CLARK (admitted pro hac vice)
[e-mail]
AMEER GADO (admitted pro hac vice)
[e-mail]
BRYAN CAVE LLP
211 N. Broadway, Ste. 3600
St. Louis, Missouri 63102
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant/Counterclaimant
Green Dot Corporation

Case 2:11-cv-01626-RCJ -PAL Document 27

Filed 01/12/12 Page 7 of 9

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IT IS SO ORDERED

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_____________________________________
UNITED STATES MAGISTRATE JUDGE

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January 13, 2012
DATE:__________________________

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STIPULATED PROTECTIVE ORDER – 7
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Filed 01/12/12 Page 8 of 9

ATTACHMENT A

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AGREEMENT TO BE BOUND TO STIPULATED PROTECTIVE ORDER

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I,

, do solemnly swear that I am fully

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familiar with the terms of the Stipulated Protective Order entered in Integrated Technological

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Systems, Inc. v. Green Dot Corporation, United States District Court, District of Nevada, Civil

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Action No. 2:11-cv-01626-RCJ-PAL, and hereby agree to comply with and be bound by the

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terms and conditions of said Order unless and until modified by further Order of this Court. I

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hereby consent to the jurisdiction of said Court for purposes of enforcing this order.

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Dated:______________________

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STIPULATED PROTECTIVE ORDER – 8
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Signed________________________

Case 2:11-cv-01626-RCJ -PAL Document 27

Filed 01/12/12 Page 9 of 9

CERTIFICATE OF SERVICE

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On January 12, 2012, I caused to be electronically filed the foregoing with the Clerk of

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the Court using the CM/ECF system, which will send notification of such filing to the following

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attorneys of record:

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W. West Allen
[e-mail], [e-mail], [e-mail], [e-mail]
Steve W. Berman
[e-mail]
Nicholas S. Boebel
[e-mail]
James B. Clark
[e-mail], [e-mail]
Ameer Gado
[e-mail], [e-mail]
Ryan E. Johnson
[e-mail], [e-mail],
[e-mail]
Michael D Rounds
[e-mail], [e-mail],
[e-mail], [e-mail]
Andrew M. Volk
[e-mail], [e-mail]

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HAGENS BERMAN SOBOL SHAPIRO LLP

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By: s/ Steve W. Berman
Steve W. Berman (admitted pro hac vice)

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STIPULATED PROTECTIVE ORDER – 9
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