RKF Retail Holdings, LLC v. Tropicana Las Vegas, Inc.
Filing
28
ORDER Granting 27 Protective Order. Signed by Magistrate Judge George Foley, Jr on 11/09/2015. (Copies have been distributed pursuant to the NEF - NEV)
Case 2:14-cv-01232-APG-GWF Document 27 Filed 10/30/15 Page 1 of 7
CAMPBELL & WILLIAMS
DONALD J. CAMPBELL, ESQ. (1216)
djc@campbellandwilliams.com
J. COLBY WILLIAMS, ESQ. (5549)
jcw@campbellandwilliams.com
700 South Seventh Street
Las Vegas, Nevada 89101
Telephone: (702) 382-5222
Facsimile: (702) 382-0540
PRYOR CASHMAN LLP
Perry M. Amsellem, Esq. (admitted pro hac vice)
pamsellem@pryorcashman.com
Benjamin K. Semel, Esq. (admitted pro hac vice)
bsemel@pryorcashman.com
7 Times Square
New York, New York 10022
Telephone: (212) 421-4100
Facsimile: (212) 798-6386
Attorneys for Plaintiff RKF Retail Holdings, LLC
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RKF RETAIL HOLDINGS, LLC, a Delaware
limited-liability company,
Plaintiff,
v.
Case No.: 2:14-cv-01232-APG-GWF
TROPICANA LAS VEGAS, INC., a Nevada
corporation,
Defendant.
TROPICANA LAS VEGAS, INC., a Nevada
corporation,
Counterclaimant,
v.
RKF RETAIL HOLDINGS, LLC, a Delaware
limited-liability company; DOES 1-5; and ROES
1-5, inclusive,
Counterdefendants.
[PROPOSED] PROTECTIVE ORDER
Case 2:14-cv-01232-APG-GWF Document 27 Filed 10/30/15 Page 2 of 7
The parties having agreed to the following terms of confidentiality, and the Court having
found that good cause exists for issuance of an appropriately-tailored confidentiality order
governing the pre-trial phase of this litigation, it is therefore hereby
ORDERED that any person subject to this Order — including without limitation the
parties to this action, their representatives, agents, experts and consultants, all third parties
providing discovery in this action, and all other interested persons with actual or constructive
notice of this Order — shall adhere to the following terms:
1.
Any person subject to this Order who receives from any other person any
information of any kind — whether in documents, testimony, or any other form — provided in
the course of this litigation (“Discovery Material”) that is designated as “Confidential” pursuant
to the terms of this Order shall not disclose such Confidential Discovery Material to anyone else
except as expressly permitted by this Order.
2.
The person producing any given Discovery Material may designate as
“Confidential” any Discovery Material or portion of Discovery Material that contains non-public
business, commercial, financial, or personal information, the public disclosure of which is either
restricted by law or could, in the good faith opinion of the producing person, adversely affect a
person’s privacy obligations or policies, business, commercial, financial, or personal interests.
3.
With respect to the Confidential portion of any Discovery Material other than
deposition transcripts and exhibits, the producing person or that person’s counsel may designate
such portion as “Confidential” by stamping or otherwise clearly marking as “Confidential” the
document or protected portion of the document in a manner that will not interfere with legibility
or audibility. Deposition testimony may be designated as Confidential either on the record
during the deposition or within 10 days of receipt of the transcript.
2
Case 2:14-cv-01232-APG-GWF Document 27 Filed 10/30/15 Page 3 of 7
4.
At any time prior to the trial of this action, any Discovery Material inadvertently
produced without limitation may be designated by the producing person as Confidential by
informing all parties in writing that the Discovery Materials should be treated as Confidential
under this Order.
5.
No person subject to this Order other than the producing person shall disclose any
of the Discovery Material designated as Confidential by the producing person to any other
person, except:
a.
the parties to this action;
b.
counsel retained specifically for this action, including any paralegal, clerical,
and other assistant employed by such counsel and assigned to this matter;
c.
as to any document, its author, its addressee, and any other person indicated
on the face of the document as having received a copy;
d.
any witness called to testify at deposition or any witness whom counsel for
a party in good faith believes may be called to testify at trial or deposition in
this action, provided such person has first executed a Non-Disclosure
Agreement in the form attached to this Order;
e.
any person retained by a party to serve as an expert witness or otherwise
provide specialized advice to counsel in connection with this action,
provided such person has first executed a Non-Disclosure Agreement in the
form attached to this Order;
f.
stenographers engaged to transcribe depositions conducted in this action;
and
g.
the Court and its support personnel.
3
Case 2:14-cv-01232-APG-GWF Document 27 Filed 10/30/15 Page 4 of 7
6.
Prior to any disclosure of any Confidential Discovery Material to any person
referred to in subparagraphs 5(d) or 5(e) above, such person shall be provided by counsel with a
copy of this Order and shall sign a Non-Disclosure Agreement in the form attached to this Order.
Counsel shall retain each signed Non-Disclosure Agreement.
7.
All Confidential Discovery Material filed with the Court, and all portions of
pleadings, motions, or other papers filed with the Court that disclose such Confidential
Discovery Material, shall be filed under seal with the Clerk of the Court in the manner provided
by the Court’s “Sealed Records Filing Instructions”. The parties will use their reasonable best
efforts to minimize the filing of Discovery Materials under seal.
8.
Any party who either objects to any designation of confidentiality, or who
requests further limits on disclosure (such as “attorneys’ eyes only” in appropriate
circumstances), may at any time prior to the trial of this action serve upon counsel for the
designating person a written notice stating with particularity the grounds of the objection or
request. If the parties cannot reach a prompt agreement respecting the objection, the parties may
seek a ruling from the Court.
9.
Each person who has access to Discovery Material that has been designated as
Confidential shall take all due precautions to prevent the unauthorized or inadvertent disclosure
of such material.
10.
If, in connection with this litigation, a party inadvertently discloses information
subject to a claim of attorney-client privilege or work-product protection (“Inadvertently
Disclosed Information”), such disclosure shall not constitute or be deemed a waiver or forfeiture
of any claim of privilege or work-product protection with respect to the Inadvertently Disclosed
Information and its subject matter.
4
Case 2:14-cv-01232-APG-GWF Document 27 Filed 10/30/15 Page 5 of 7
11.
If a disclosing party makes a claim of inadvertent disclosure, the receiving party
shall, within five business days, return or destroy all copies of the Inadvertently Disclosed
Information, and provide a certification of counsel that all such information has been returned or
destroyed. A receiving party may move the Court for an Order compelling production of the
Inadvertently Disclosed Information. The motion shall be filed under seal and shall not assert as
a ground for entering such an Order the fact or circumstances of the inadvertent production.
12.
This Order shall survive the termination of the litigation. Within 30 days of the
final disposition of this action, all Discovery Material designated as “Confidential,” including
copies, shall be returned promptly to the producing person, or, upon permission of the producing
person, destroyed.
13.
The Court does not retain jurisdiction over orders such as this after the litigation is
concluded.
14.
This Stipulation and Order shall not be construed as an admission by any party
that any document or other evidence is discoverable, relevant, or admissible or as a waiver of any
right to object to the discoverability, relevance, or admissibility of any document or other
evidence. There are no intended beneficiaries of this Stipulation and Order other than the parties
to this action and the Court, and no other person shall acquire any right hereunder.
[SIGNATURES ON NEXT PAGE]
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Case 2:14-cv-01232-APG-GWF Document 27 Filed 10/30/15 Page 6 of 7
KRAVITZ, SCHNITZER & JOHNSON,
CHTD.
CAMPBELL & WILLIAMS
Martin J. Kravitz, Esq.
Melanie D. Morgan, Esq.
8985 S. Eastern Ave., Ste. 200
Las Vegas, NV 89123
Telephone: (702) 362-6666
DONALD J. CAMPBELL, ESQ. (1216)
J. COLBY WILLIAMS, ESQ. (5549)
700 South Seventh Street
Las Vegas, Nevada 89101
Telephone: (702) 382-5222
Facsimile: (702) 382-0540
- and -
- and -
GLASER WEIL JACOBS
HOWARD AVCHEN & SHAPIRO
PRYOR CASHMAN LLP
By:
/s/ Andrew Baum
Patricia L. Glaser, Esq.
pglaser@glaserweil.com
Andrew Baum, Esq.
abaum@glaserweil.com
10250 Constellation Blvd., 19th Floor
Los Angeles, CA 90067
Telephone: (310) 553-3000
Facsimile: (310)785-3598
By: /s/ Benjamin K. Semel
Perry M. Amsellem, Esq. (admitted pro hac vice)
pamsellem@pryorcashman.com
Benjamin K. Semel, Esq. (admitted pro hac vice)
bsemel@pryorcashman.com
7 Times Square
New York, New York 10022
Telephone: (212) 421-4100
Facsimile:
(212) 798-6386
Attorneys for Defendant/Counterclaimant,
Tropicana Las Vegas, Inc.
Attorneys for Plaintiff/Counterdefendant
RKF Retail Holdings, LLC
IT IS SO ORDERED:
UNITED E FOLEY, JR.
GEORGE
GEORGE
E G STATES DISTRICT [MAGISTRATE]
GE
Y, JR.
Y, JR
JUDGE States Magistrate Judge
United
DATED: November 9, 2015
6
Case 2:14-cv-01232-APG-GWF Document 27 Filed 10/30/15 Page 7 of 7
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RKF RETAIL HOLDINGS, LLC, a Delaware
limited-liability company,
Plaintiff,
v.
Case No.: 2:14-cv-01232-APG-GWF
TROPICANA LAS VEGAS, INC., a Nevada
corporation,
Defendant.
TROPICANA LAS VEGAS, INC., a Nevada
corporation,
Counterclaimant,
v.
NON-DISCLOSURE AGREEMENT
RKF RETAIL HOLDINGS, LLC, a Delaware
limited-liability company; DOES 1-5; and ROES
1-5, inclusive,
Counterdefendants.
I,
, acknowledge that I have read and understand the
Stipulation and Order for the Production and Exchange of Confidential Information in this action
(the “Order”). I agree that I will not disclose any Confidential Discovery Material produced in
this litigation to anyone other than for purposes of this litigation and that at the conclusion of the
litigation I will return all discovery information to the party or attorney from whom I received it.
By acknowledging these obligations under the Order, I understand that I am submitting myself to
the jurisdiction of the United States District Court for the District of Nevada for the purpose of
any issue or dispute arising under this Non-Disclosure Agreement and that my willful violation
of any term of the Order could subject me to punishment for contempt of Court.
Dated: __________
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