Finnerty v. Stryker Corporation et al

Filing 24

PROTECTIVE ORDER Granting 23 MOTION for Protective Order filed by Howmedica Osteonics Corp. Signed by Magistrate Judge George Foley, Jr on 3/28/2014. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:14-cv-00114-GMN-GWF Document 23 Filed 03/27/14 Page 1 of 12

1

2
a

J
4
5

6

Justin S. Hepworth, Esq.
Nevada Bar No. 10080

SNELL&WILMERrrp.
3883 Howard Hughes Parkway, Suite 1000
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]

Vaughn A, Crawford
Nevada Bar No. 7665

SNELL&V/ILMERrr.p
One Arizona Center

7
8

400 E. Van Buren
Phoenix, AZ 85004
Tel: [phone]
Fax: [phone]

9

Attorneys
o
o

Howmedica Osteonics Corporation

10

=
@

n;-I
(l.,

þr

11

i

TINITED STATES DISTRICT COURT

T2

DISTRICT OF NEVADA

.o

ìã
Él ø14^
I

'i
-

I oao:

€

r ugal
r Zö?:i

> i| eãsi
È t*ó+
-F.,'¿

-r I l)o=

c)I :;

Êl
u)'

13

14

CHRISTOPHER P. FINNERTY,
individually,

4a

;'

o
o

Case

No. 2:14-cv

-001

1

4-GMN-GWF

Plaintiffl,

15

STIPULATED PROTECTIVE ORDER

16

VS

l7

HOWMEDICA OSTEONICS
CORPORATION, a New Jersey
corporation, also known as STRYKER

l8
l9

ORTHOPEDICS; DOES 1 through 15,
inclusive; and ROE BUSINESS ENTITIES
1 through 15, inclusive,

20

Defendants.

2I
22

Based on the stipulation appearing below, the Court finds that good cause exists for the

23

entry of this Stipulated Protective Order ("Protective Order") in that the preparation and trial of

24

this action will require discovery of documents, testimony, information, or things claimed by one

25

or more of the parties to contain confidential business or commercial information, and the ends

26

of justice will be served by entry of an order setting forth procedures for and rules governing

l 8956784

Case 2:14-cv-00114-GMN-GWF Document 23 Filed 03/27/14 Page 2 of 12

1

discovery, copying, use and return of documents, deposition transcripts, interrogator answers and

2

other materials. Accordingly,

J

IT IS HEREBY ORDERED. ADJUDGED AND DECREED:

1.

4

All information which is or has been produced or discovered in the above titled

5

action and designated "Confidential" or "Trade Secret" shall be used by the receiving party

6

solely for the prosecution or defense of this action, and shall not be used by any such party, their

7

counsel of record or any other person to whom such material is disclosed for any other pu{pose,

8

unless the information is available to the general public without breach of the terms of this

9

Protective Order, or is the subject of written agreements between the parties' counsel regarding

10

its use in relation to litigation.

2

2.

4

L

11

¡-{

0)

I
f,

è

|

| *Ò.*3s
I

T2

means documents and other information provided in the course of discovery of this action that

@

13

are designated as "ConfTdential" or "Trade Secret" pursuant to the terms of this Protective

14

Order, or that have been previously designated as such

15

"documents" as used herein shall be interpreted broadly to encompass hard-copy and imaged

16

documents as well as electronically stored information ("ESI") of any

17

Order is applicable to all forms of discovery, including but not limited to deposition testimony,

18

answers to interrogatories, documents produced in response to requests for production, responses

t9

to

20

documents recorded on computer disks. As used herein, a "party" or the "palties" means a

2l

person/entity or persons/entities subject to this Protective Order.

.I öEiÊ
a Fàài
:.Ø2

'|
I
I
a) I

V)

As used in this Protective Order, the term "Conf,rdential Discovery Material"

-o

I

>røiî
í9fP
irut>
A_<i

o

in other similar cases. The term

I

O

request

3.

22

for

disclosure, responses

to

requests

for

type. This Protective

admission, medical records, and any

Any party who receives any Conhdential Discovery Material in the course of

23

discovery in this action shall not disclose such Confidential Discovery Material to anyone else

24

except as expressly permitted by this Protective Order.

4.

25

26

Documents or other discovery material may be designated as "Confidential" or

"Trade Secret" only to the extent that it consists of or includes trade secret'or confidential

.|

-L1

8956784

Case 2:14-cv-00114-GMN-GWF Document 23 Filed 03/27/14 Page 3 of 12

1

research development, competitive, proprietary or commercial information, including, but not

2

limited to, financial information, information relating to ownership or control of any non-public

a

J

company, and any information protected from disclosure

4

governmental regulation, as well as any other type of information given confidential status by the

5

Court. Any failure to designate a document "Trade Secret" shall not waive trade secret for any

6

document otherwise designated as "ConfTdential" pursuant to this Protective Order, and shall

7

not waive or preclude any future "Trade Secret" designation.

5.

8

9

by any privacy or other law or

Confidential information includes information that would identify patients and

persons (excluding Plaintiff) associated with adverse events involving human drugs, medical

2l

o

10

devices, and research subjects. See

C.F.R. $314.430; 21 C.F.R. $20.63. Defendants shall not

!

11

be compelled to disclose this identifying information and may redact this identifying information

12

from discovery material before production, provided, however, that such defendant shall

13

maintain an un-redacted copy of such discovery material for any further review by the Courl.

9
¡<
c-)

)

I .-:

l3s
I

øia¿
I ^¿<^
rg?,<.;

I r *-9å
L

, >røi1

"U l?9^<3
q)

V)

|
I

^¿

þ.s
ù
o
t
o

6.

T4

The Producing Party may designate the document as Confidential Discovery

15

Material by stating or otherwise clearly marking the document as "Confidential" or "Trade

I6

Secret" in such a manner that will not interfere with legibility or audibility.

1.

I7

To the extent that Confidential Discovery material stored or recorded in the form

18

of electronic or magnetic media (including information, files,

t9

any digital or analog machine-readable device, computers, Internet sites, discs, netlorks, or

20

tapes ("Electronic Discovery Material") is produced

2I

Electronic Discovery Material may designate it as confidential by cover letter referring generally

22

to the Electronic Discovery Material, and/or by designation in the accompanying load file.

23

Vy'henever a party

24

confidential Electronic Discovery Material to hardcopy or image form, that party shall mark each

25

page of the hardcopy or image form with the

in such form, the party producing such

to whom confidential Electronic Discovery Material is produced reduces the

"Confidential" andlor "Trade Secret" designation.

26

-3
t89s6'784

databases or programs stored on

-

Case 2:14-cv-00114-GMN-GWF Document 23 Filed 03/27/14 Page 4 of 12

8.

1

With respect to deposition transcripts and exhibits, a party may indicate on

the

2

record that a question calls for Confidential Discovery Material, in which case the transcript of

J

the question and ans\,ver shall be bound in a separate volume and marked as "Confîdential"

4

andlor "Trade Secret" by the court reporter. Altematively, the party may designate information

5

disclosed at the deposition as conf,tdential by notifying the other party(ies) in writing within

6

thirty (30) days of receipt of the transcript of the specific pages and lines which are to

7

designated confidential. During such thirty (30) day period, the entire transcript shall be treated

8

as Confidential Discovery Material. For convenience, the parties may agree that entire

9

deposition transcripts shall be treated as Confidential Discovery Material.

9.

10
2
a

ti

C)

I
L

I

I
)

otaõ
I -a<^
I O:<.ì
": t-9å
j []ð>1

"ã | ?aiR
lirv'
c) | :>

I3*
V) I sj
o
o

Third parties to this action may elect to avail themselves of, and agree to be bound

11

by, the terms and conditions of this Protective Order as if they had stipulated to it at the time of

12

entry. Such third parties must agree to be bound by this Protective Order in writing.

.:3

lsa
I

be

10.

13

Documents and information produced

by a third party shall be treated

as

I4

Confìdential Discovery Material for thirty (30) calendar days after production, in order to allow

15

the parties to review and assess documents and information for confidentiality and designation.

T6

1

1. If at any time prior to the trial of this action a party realizes that previously
or other materials should be designated as Conflidential Discovery

17

undesignated documents

18

Material, the party may so designate by advising all other parties in writing. The designated

19

documents or material

20

this Protective Order. Upon receipt of such designation in wiring, each party shall take

21

reasonable and appropriate action to notify any and all recipients of such Confidential Discovery

22

Material about the protected status of that material and shall retrieve the newly designated

23

Confidential Discovery Material from any person who is not permitted by this Protective Order

24

to have such material.

25

12.

26

will

thereafter be treated as Confidential Discovery Material pursuant to

Inadvertent production or other disclosure of documents subject to work-product

immunity, the attorney-client privilege, or other legal privilege that protects information from

-418956't84

Case 2:14-cv-00114-GMN-GWF Document 23 Filed 03/27/14 Page 5 of 12

1

2

recipient shall destroy notes and work product reflecting the contents of such materials. No

7

fuither use or disclosure shall be made of the inadvertently-produced materials, and the recipient

8

shall take all reasonable and appropriate steps to retrieve the materials, and all copies, from any

9

person to whom the recipient has provided them.

=
o

information need not wait for notice from the Producing Party before complying with the above

l2

)

and is expected to comply with the requirements of this paragraph as soon as

I3

should be known that the document and information contained therein is privileged and/or

I4

protected. If the party returning such material does not agree with the privilege designation, the

15

party returning such material must write a letter to the Producing Party, setting forth the reason

t6

for believing the material in question is not privileged. If the issue cannot be resolved between

t7

the parties, the Producing Party shall move the Court, within ten (10) days of the completion of

18

such meet-and-confer efforts, to rule on the material's status and shall produce a copy of the

l9

document

20

information shall not operate as a waiver in any other federal or state proceeding, and the parties'

2l

agreement regarding the effect

22

binding on non-parties.

-,4

3a
-4.<^
ú)o¿

I Oi(e

u - ÍÅ>1
*.9å
>rdî

^<:

l4ø
U) r <j
ù
o

it is known or

,

-.j

c)

Any party or individual having inadvertently received privileged or protected

l1

!

I ?9

13.

10

o

dð

and shall delete the material and all copies from any litigation-support or other database. The

6

1

Producing Pafty's option, return or destroy the inadvertently-produced materials and all copies,

5

!

inadvertent production. Upon notification, the Receiving Party shall immediately, at the

4

I
I

that the Producing Party notices the Receiving Party in writing when it becomes aware of such

J

¡<
q)

discovery shall not constitute a waiver of the immunity, privilege, or other production, provided

T

o

to the Court for in camera inspection. Any inadvertent disclosure of privileged

14.

23

of inadvertent disclosure of privileged information shall

be

Any party producing documents in this action must simultaneously produce

if

a

24

privilege log,

25

privilege. The privilege log will identify every document withheld on the basis of privilege by:

26

(1) author; (2) date; (3) recipients(s); (4) type of document; and (5) privilege asserted. If only

any document has been withheld from production based on the assertion of

-5I

8956784

a

Case 2:14-cv-00114-GMN-GWF Document 23 Filed 03/27/14 Page 6 of 12

I

portion of the document is privileged, the Producing Party will only withhold that poftion which

2

is privileged, by redaction if possible. A log must be produced with each production and each

J

Producing Party must produce an updated privilege log within

4

determination that additional documents need to be added.

15.

5

6

a

reasonable time

of

the

No parly other than the party designating material as Confidential Discovery

Material shall disclose such material to any other person, except as follows:

(a)

7

Counsel for the parties in the specific action in which the documents are to be

8

9
a

I

produced, including any paralegal, clerical, and other staff employed by counsel
for work on this action;

(b)

10

o

b

HA",a
u,, I

Él

äã

4 I ø14tt1 | u)A¿

With respect to a specific document, the document's author, addressees, and any
other person shown on the face of the document as having received a copy;

11

(c)

12

Any witness who counsel for party in good faith believes may be called to testify

> i| 9l{t
È j t'ú+
ugal

13

at

I af()!
-(!,, I
=l-r$ >

t4

disclosure agreement in the form attached to this Protective Order as Exhibit A.

çn' o
;'

15

However,

t6

subcontractor or consultant of an entity that is presently engaged in the research,

17

development, manufacture, or sale of any product that competes with, or is similar

18

to, any product(s) addressed in documents produced as Confidential Discovery

19

Material, the party seeking the testimony must also first receive written consent of

20

counsel for the party disclosing the Conf,rdential Discovery Material, or obtain an

2I

order from the Court permitting the disclosure to said witness;

^v
l<J I >*021
| -/v<e

t
o

(d)

22

trial or deposition in this action, provided such person has first executed

if

a non-

the witness is currently an employee, officer, director, contractor,

Any person retained by a party to serve as an expert consultant or witness or

23

otherwise provide specialized advise to counsel in connection with this action,

24

provided such person has first executed a non-disclosure agreement in the form

25

attached;

26

618956784

Case 2:14-cv-00114-GMN-GWF Document 23 Filed 03/27/14 Page 7 of 12

(e)

1

Insurers and indemnitors

to the extent reasonably necessary to

defend and

evaluate the claims;

2

(Ð
(g)
16.

J

4
5

Ofhcial court reporters; and
The Court, mediators, and support personnel.

Prior to any disclosure of Confidential Discovery Material to any person referred

6
7

attached as Exhibit A hereto. The non-disclosure agreement

9

I

with a copy of this Protective Order and shall sign a non-disclosure agreement in the form

8

o

to in subparagraphs (c) or (d) of paragraph 14 above, the person shall be provided by

this Protective Order and agrees to be bound by its terms. All non-disclosure agreements will be

i

2^

At the conclusion of this

maintained throughout this action by the attorneys obtaining them.

11

action, upon a showing of good cause and necessity, any party may seek an order requiring

I2

production of non-disclosure agreements, but nothing in this Order is intended to modify or shift

13

any burden of proof or privilege relating to the motion or authorize discovery of experts or their

t4

identities.

"1"d

<E]
HI
:r
6a<¡l
I d-o:
f,

state that the person has read

10

o

¡<
() I

will

counsel

¡ ,,Er:

ÉrËrà5
a ¡!Ìz@
ø i;Ë;ã
I ?YÁts
-0)t :>

Él ?ç
u)' o
;'
t
o
O

17.

15

Prior to filing any documents with the Court that contain any portion of any

t6

Protected Document or information taken from any Protected Document, that party must file a

t7

motion for an order sealing the documents consistent with the Ninth Circuit opinions of

18

Kqmakana v. City and County of Honolulu,447 F.3d I 772, ll78-79 (9th Cir. 2006) and Pintos

t9

Pacific Creditors Association,605 F.3d 665, 678 (9th Cit. 2010) and consistent with Local Rule

20

10-5(b). A copy of the motion to seal must be setved on all parties that have appeared in the

21

case. When hling the motion, the filing party will cite to the Court the grounds for f,rling the

22

Conf,rdential Discovery Material under seal. The parties agree that any motion will be narrow in

23

scope

24

expressly authorized by

25

should be resolved before Confidential Discovery Material or any document containing or

26

referencing it is filed with the Court. For any item of Confidential Discovery Material for which

to

ensure that the only information withheld from public inspection

information

law. Whenever possible, disputes regarding confidentiality designations

n
189s6784

is

v.

Case 2:14-cv-00114-GMN-GWF Document 23 Filed 03/27/14 Page 8 of 12

I

a

2

referencing it will be filed under seal (at least provisionally).

designation dispute has not been resolved, that item and any document containing or

18.

a

J

Any attorney wishing to file or submit to the Court any Confidential Discovery

4

Material, or any affidavits, memoranda, exhibits or other papers containing or making reference

5

to Confidential Discovery Material, then such attomey shall flrrst consider whether redacting

6

portions of such materials that contain or refer to confidential information is practical and will

7

protect the Confidential Discovery Material while leaving other non-conflrdential information

8

meaningful, as required by Foltz v. State Farm Mut. Auto. Ins. Co.,331 F.3d 1122 (9thCir,

9

2003). If so, redacted versions of such materials shall be filed with the Court according to the

10

standard fi ling procedures.

=

!

lr)

Ht

<s

Material, or requesting further limits on disclosure (such as "attorney eyes only"), may at any

):Ø7(i

13

time prior to the trial of this action serve upon counsel for interested parties a written notice

I r=,--\-r1.rI

t4

stating with particularity the reasons for the objection. If agreement cannot promptly be reached,

15

the dispute will be submitted to the Court pursuant to the Court's ordinary procedures for

T6

handling discovery disputes.

t7

"Confidential" or "Trade Sectet" shall remain and be treated as Conf,rdential Discovery Material

18

pursuant to this Protective Order.

=lHråi
sî;ä?õ
a)I :;
Êl àp
u)';'
d
-

Any party objecting to the designation of any material as Confidential Discovery

I2

I ø(4^
t- | ø=a¿;
-a
'

19.

11

bi I '-g

o
o
o

20.

19

20

Until a dispute is resolved, the material designated

as

Each person who has access to Confidential Discovery Material shall take all

necessary precautions to prevent the unauthorized or inadvertent disclosure of such material.

21,

21

This Protective Order shall survive the termination of this action. 'Within thirty

22

(30) days of the final disposition of this action, which includes the conclusion of any and all

23

appeals,

24

format), shall promptly be retumed to the Producing Pafty or, with the permission of the

25

Producing Party, be destroyed.

all Confidential Discovery Material, and all copies (including those in

26

-8
I

895ó784

electronic

Case 2:14-cv-00114-GMN-GWF Document 23 Filed 03/27/14 Page 9 of 12

22.

1

The Court shall retain jurisdiction over all persons and parties subject to this

2

Protective Order to the extent necessary to modifr this Protective Order, enforce its obligations,

a

or to impose sanctions for any violation.

J

23.

4
5

Nothing in this Protective Order shall prevent any party from seeking further or

additional protection, or removing protection, for Confidential Discover Material.

24.

6

Additional parties may be added to this action as allowed under the applicable

7
8

agree to be bound by the terms of this Protective Order as

9
a

Rules of Civil Procedure. Before receiving Confidential Discovery Material, a new party must

time of entry. No newly added party shall have access to Conflrdential Discovery Material until

10

o

!

o)l Îs

ìã
Ël ø14I

a

r>

dd
-

25.

11

Any discovery material designated as "Trade Secret" shall be treated in all

Material. Should any manufacturers and distributors of

t2

respects as Confidential Discovery

13

medical devices be joined as a party to this litigation, as to those manufacturers and distributors,

T4

any "Trade Secret" discovery material shall only be produced to counsel (including in-house

15

counsel) as defined in paragraph 14(a), and not any other employees of those parties. The

t6

purpose of this paragraph is to prevent manufacturers and distributors of medical devices from

t7

having access to the other's trade secret discovery material, except as needed by counsel

18

defending this action.

d-O=

> i t'ú+
'Ê

the party had stipulated to it at the

the party is subject to the terms of this Protective Order.

2
L¡f

if

i eãsi

iI .1-(1!-;Eãã

()II :;
lø
-1

u)' o
t"
E

o

26.

t9

Nothing in this Protective Order shall prevent the Receiving Party from using

20

Confidential Discovery Material in any case in which the Producing Party is a defendant and in

2T

which a Protective Order has been entered, by a Court of competent jurisdiction, and is

22

applicable to said Conf,rdential Discovery Material. Furthermore, the Receiving Party may share,

23

discuss, and exchange such Confidential Discovery Material with counsel involved in active

24

litigation against the Producing Party, as long as a protective order with comparable terms or

25

protection for such Confidential Discovery Material has been entered in that other litigation.

26

However, before the Receiving Party may share, discuss, and exchange such Confidential

-9
I

8956784

Case 2:14-cv-00114-GMN-GWF Document 23 Filed 03/27/14 Page 10 of 12

1

Discovery material with such counsel, notice shall be provided to counsel for that Producing

2

Pafty, identifying the Confidential Discovery Material to be shared or exchanged, the counsel

J

with whom the exchange is to be made, and the litigation in which that other counsel is involved.

4

The Producing Parly shall then be permitted ten (10) days from the date of that notice to object to

5

said exchange of material or their content.

6

may not share, discuss, and exchange such Confidential Discovery Material.

27.

7

If such objection

is timely made, the Receiving Party

The provisions of this Protective Order shall not affect, nor does this Order limit,

8

the use or admissibility of Confidential Discovery Material (or references to that material)

9

evidence at trial, or during any arbitration, mediation, hearing, or similar proceeding in this

o

10

action or as party of the record on appeal, provided that either party may seek appropriate Order

!

11

of the Court to protect such Confidential Discovery Material at trial or other such addressed

t2

proceedings. Absent court order to the contrary, the use or production of Confidential Discovery

13

Material attrial by any

T4

maintain the conf,rdentiality of that material, does not waive the protection of such Confidential

15

Discovery Material required under this Protective Order in subsequent proceedings or in any

t6

other case,

as

2
¡<

()
)-{

|

f
..9

l3a

*?x.
öfi3
È EÈ>1
I

t ¡ *-9å
L

|

J Uu-r

"ã I àË?p
a) tq(t) I if
o
I
o

28.

t7

pat1_y,

under seal or under such other terms as required by the Court to

The Protective Order is intended to comport with the requirements of the Health

("HIPAA"). Any identifiable health information

18

Insurance Portability and Accountability Act

19

shall be automatically deemed "Confidential" and shall be treated as Confidential Discovery

20

Material under the terms of this Order, without being stamped as "Confidential" by the

2t

producing party. Nothing in this Order shall prevent a party from objecting that documents do

22

not contain individually identifiable health information, or are not otherwise subject to

23

requirements of HIPAA.

29.

24

the

Nothing in this Protective Order shall preclude aparty from using or disclosing its

25

own Confidential Discovery Material in any manner it sees fit, without the prior consent of any

26

other party and without waiving its "Confidential" or "Trade Secret" status.

-10r

8956784

Case 2:14-cv-00114-GMN-GWF Document 23 Filed 03/27/14 Page 11 of 12

30,

I

Any party served with a subpoena or other notice compelling production of

2

Confidential Discovery Material shall immediately give written notice

a

to

Producing Party.

J

31.

4

counsel for the

A party who learns of an unauthorized or inadvertent disclosure of Confidential

it or by any person to whom the party has disclosed

5

Discovery Material by

6

Discovery Material pursuant to this Protective Order shall immediately (a) issue written notice of

7

the unauthorized or inadvertent disclosure to the producing party; (b) use best efforts to retrieve

8

all copies of the Conf,rdential

9

disclosure; (c) inform all persons to whom unauthorized or inadvertent disclosure was made of

10

the terms of this Protective Order; and (d) use best efforts to secure a non-disclosure agreement

11

in the form attached as Exhibit A hereto from all persons to whom the unauthorized disclosure

l3a
I n7*.

I2

was made.

r tèli

13

DATED this 27ú day of March,2}l4.

a

Discovery Material subject

to

unauthorized

Confidential

or

inadvertent

2
L

)

¡-r
c.) |
¿i

I
L

. _e

I öe?R

oã , s:Ed1

l?e^<=

c-)

V)

I

I

ô;^

ãs
o

t4

/s/ Brett A. Carter
BRETT A. CARTER, ESQ.
Nevada Bar No. 5904
7408 West Sahara Avenue
Las Vegas, Nevada 89111
Attorneys for Plaintiff FINNERTY

15

T

o
o

BENSON, BERTOLDO, BAKER

& CARTER, CHTD.

16

I7
18

t9

DATED tItts2T'h day of March,2}I4.

SNELL & WILMER, LLP
/s/ Justin S. Hepworth
JUSTIN S. HEPWORTH, ESQ.
NevadaBarNo. 10080
3883 Howard Hughes Parkway; Suite 1100
Las Vegas, Nevada 89169
Attomeys for Defendants HOV/MEDICA

20

2t
22

IT IS SO ORDERED:
¿J

24

UNITED STATES MAGISTRATE JUDGE
25

26

DATED:

March 28, 2014

- 11189s6784

Case 2:14-cv-00114-GMN-GWF Document 23 Filed 03/27/14 Page 12 of 12

CERTIFICATE OF SERVICE

I

I

2

I

hereby declare under penalty of perjury, that

I am over the age of eighteen (18)

am not a party to, nor interested in, this action. On this date,

J

and

4

and correct copy

5

XXXXX

caused to be served a true

indicated:

6

I

of the foregoing STIPULATED PROTECTIVE ORDER by the method

Electronic Service via CM/ECF

7

U. S, Mail

8

U.S. Certified Mail

9
10
11

Brett A. Carter
BENSON, BERTOLDO, BAKER & CARTER, CHTD
7408 West Sahara Avenue
Las Vegas, Nevada 89117
Attorneys þr Plaintiff

t2
l¡r
ol l
c

Í;t

?
y

;ô
Øc
i;

ia MI

13

DATED this 27tr' day of March, 2014.

-3

te t;dtì 14
J T ", Of
,z i 341: l5
+ lSir:

ãlrl ij
dl
UDI

Ë

Ë

t6
t7

Tuttle
An Employee of Snell & V/ilmer

18

I9
20

2t
22
23

24
25

26
27
28

t90Í243

years,

Case 2:14-cv-00114-GMN-GWF Document 23-1 Filed 03/27/14 Page 1 of 2

EXHIBIT A

E,XHIBIT A

H:\Exhibit SIip sheets.doc

Case 2:14-cv-00114-GMN-GWF Document 23-1 Filed 03/27/14 Page 2 of 2

EXHIBIT A TO STIPULATED PROTECTIVE ORDER

I
2

UNITED STATES DISTRICT COURT

J

DISTRICT OF NEVADA

4
5

CHRISTOPHER P. FINNERTY,
individually,

ACKNOWLEDGEMENT OF
STIPULATED PROTECTIVE ORDER

7

VS

8

HOWMEDICA OSTEONICS

9
10

=
D

I
;.o
ìã

l^i
(lJl

Él
r- I ø?i4^
- I A1!;
É:ÉÍil
L

I

CORPORATION, a New Jersey
corporation, also known as STRYKER
ORTHOPEDICS; DOES 1 through 15,
inclusive; and ROE BUSINESS ENTITIES
1 through 15, inclusive,

11

Defendants.
12

rìÉ3:

U J UDêT

æ l zËp3
I '\-r1a:
I -;¡i-0)l :>

Ël Vç
v) o
;o
o

No. 2:14-cv-001 I 4-GMN-GWF

Plaintiff,

6

o

Case

I,

13

, acknowledge that

I have read and understand

14

the Stipulated Protective Order ("Protective Order") in this action governing the non-disclosure

15

of those portions of Confidential Discovery Material that have been designated as Conf,rdential

16

or Trade Secret, or contain individually identifiable health information. I agree that I will not

17

disclose such Confidential Discovery Material to anyone except as expressly permitted by the

18

Protective Order and only for purposes of this action, and that at the conclusion of the action I

t9

will return all such Confidential Discovery Material to the party or attomey from whom I

20

received

21

am submitting myself to the jurisdiction of the United States District Court for the District of

22

Nevada for the purpose of any issue or dispute arising hereunder and that my willful violation

23

of any term of the Protective Order could subject me to punishment for contempt of Court.

it. By acknowledging these obligations under the Protective Order, I understand

DATED this

24

day

of

20t4

25

26

-12I

8956784

that I