Galaxy Gaming, Inc. v. In Bet Gaming, Inc. et al

Filing 22

STIPULATED PROTECTIVE ORDER Granting 21 STIPULATION for Protective Order. Signed by Magistrate Judge Cam Ferenbach on 3/24/15. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

Michael D. Rounds
Nevada Bar No. 4734
Adam K. Yowell
Nevada Bar No. 11748
Ryan J. Cudnik
Nevada Bar No. 12948
WATSON ROUNDS, P.C.
10000 West Charleston Blvd., Suite 240
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and Counter-Defendant
Galaxy Gaming, Inc.
Robert C. Ryan
Nevada Bar No. 7164
HOLLAND & HART, LLP
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511
Telephone: [phone]
Facsimile: [phone]
Bryce K. Kunimoto
Nevada Bar No. 7781
HOLLAND & HART, LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants and Counterclaimants
In Bet Gaming, Inc. and In Bet, LLC

18
UNITED STATES DISTRICT COURT

19

DISTRICT OF NEVADA

20
21
22

GALAXY GAMING, INC., a Nevada
Corporation,

23

Plaintiff and Counterclaim Defendant,

24

Case No. 2:14-cv-01956-RFB-VCF
STIPULATED PROTECTIVE ORDER

v.

25
26
27

IN BET GAMING, INC., a New Jersey
corporation, IN BET, LLC, a Connecticut
limited liability company,
Defendants and Counterclaimants.

28
-1-

1
2

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the following Protective
Order has been entered by the Court.

3

Proceedings and Information Governed

4

1.

5
6
7
8
9

This Order and any amendments or modifications hereto (“Protective Order”)

shall govern any document, information or other thing furnished by any party, to any other party,
and includes non-parties who receive a subpoena in connection with this action. The information
protected includes, but is not limited to, answers to interrogatories, answers to requests for
admission, responses to requests for production of documents, deposition transcripts and

10

videotapes, deposition exhibits, and other writings or things produced, given or filed in this

11

action that are designated by a party as “Confidential Information” or “Confidential Attorney

12

Eyes Only Information” in accordance with the terms of this Order, as well as to any copies,

13
14

excerpts, abstracts, analyses, summaries, descriptions, or other forms of recorded information
containing, reflecting, or disclosing such information.

15
16
17

Designation and Maintenance of Information
2.

For purposes of this Protective Order, (a) the “Confidential Information”

18

designation shall mean that the document is comprised of trade secrets or commercial

19

information which is not publicly known and is of technical or commercial advantage to its

20

possessor, in accordance with Fed.R.Civ.P. 26(c)(7), or other information required by law or

21
22
23
24

agreement to be kept confidential; and (b) the “Confidential Attorney Eyes Only” designation
shall mean that the document is comprised of information that the producing party deems
especially sensitive, which may include, but is not limited to, confidential research and

25

development, financial, technical, marketing, any other sensitive trade secret information, or

26

information capable of being utilized for the preparation or prosecution of a patent application

27

dealing with such subject matter. Confidential Information and Confidential Attorney Eyes Only

28

Information does not include, and this Protective Order shall not apply to, information that is
-2-

1

already in the knowledge or possession of the party to whom disclosure is made unless that party

2

is already bound by agreement not to disclose such information, or information that has been

3

disclosed to the public or third persons in a manner making such information no longer

4

confidential.

5
6
7
8
9

3.

Documents and things produced during the course of this litigation within the

scope of paragraph 2(a) above, may be designated by the producing party as containing
Confidential Information by placing on each page and each thing a legend substantially as
follows:

10

CONFIDENTIAL INFORMATION

11

SUBJECT TO PROTECTIVE ORDER

12
13
14

Documents and things produced during the course of this litigation within the scope of
paragraph 2(b) above may be designated by the producing party as containing Confidential
Attorney Eyes Only Information by placing on each page and each thing a legend substantially

15
16

as follows:
CONFIDENTIAL ATTORNEY EYES ONLY

17

INFORMATION SUBJECT TO PROTECTIVE ORDER

18
19
20
21
22
23
24

4.

A party may designate information disclosed at a deposition as Confidential

Information or Confidential Attorney Eyes Only Information by requesting the reporter to so
designate the transcript or any portion thereof at the time of the deposition.

If no such

designation is made at the time of the deposition, any party shall have twenty-one (21) calendar
days after the date of the deposition to designate, in writing to the other parties and to the court

25

reporter, whether the transcript is to be designated as Confidential Information or Confidential

26

Attorneys Eyes Only Information. If no such designation is made at the deposition or within

27

such twenty-one (21) calendar day period (during which period, the transcript shall be treated as

28

Confidential Attorneys Eyes Only Information, unless the disclosing party consents to less
-3-

1

confidential treatment of the information), the entire deposition will be considered devoid of

2

Confidential Information or Confidential Attorneys Eyes Only Information. Each party and the

3

court reporter shall attach a copy of any final and timely written designation notice to the

4

transcript and each copy thereof in its possession, custody or control, and the portions designated

5

in such notice shall thereafter be treated in accordance with this Protective Order. It is the

6
7
8
9
10

responsibility of counsel for each party to maintain materials containing Confidential
Information or Confidential Attorney Eyes Only Information in a secure manner and
appropriately identified so as to allow access to such information only to such persons and under
such terms as is permitted under this Protective Order.

11

Inadvertent Failure to Designate

12

5.

13
14

The inadvertent failure to designate or withhold any information as confidential or

privileged will not be deemed to waive a later claim as to its confidential or privileged nature, or
to stop the producing party from designating such information as confidential at a later date in

15
16
17

writing and with particularity.

The information shall be treated by the receiving party as

confidential from the time the receiving party is notified in writing of the change in the

18

designation.

19

documents that it later designates in accordance with this paragraph.

20
21
22
23
24

The producing party will be responsible for supplying substitute copies of

Challenge to Designations
6.

A receiving party may challenge a producing party’s designation at any time.

Any receiving party disagreeing with a designation may request in writing that the producing
party change the designation. The producing party shall then have fourteen (14) calendar days

25

after receipt of a challenge notice to advise the receiving party whether or not it will change the

26

designation. If the parties are unable to reach agreement after the expiration of this fourteen (14)

27

calendar day timeframe, and after the conference required under Local Rule 26.7, the receiving

28

party may at any time thereafter seek a Court Order to alter the confidential status of the
-4-

1

designated information. Until any dispute under this paragraph is ruled upon by the Court, the

2

designation shall remain in full force and effect and the information shall continue to be

3

accorded the confidential treatment required by this Protective Order.

4

Disclosure and Use of Confidential Information

5

7.

6
7
8
9
10

Only Information may only be used for purposes of preparation, trial and appeal of this action.
Confidential Information or Confidential Attorney Eyes Only Information may not be used under
any circumstances for prosecuting any patent application, for patent licensing or for any other
purpose.
8.

11
12
13
14

Information designated as Confidential Information or Confidential Attorney Eyes

This Protective Order shall not bar or otherwise restrict outside counsel for a party

from rendering advice to his or her client with respect to this action and, in the course thereof,
referring to or relying upon his or her examination of Confidential Information or Confidential
Attorney Eyes Only Information if such disclosure would be contrary to this Protective Order.

15
9.

16
17

No party or non-party shall file or submit for filing as part of the Court record any

documents under seal without requesting leave of Court pursuant to Local Rule 10-5(b).

18

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

19

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

20

Court.

21
22
23
24
25

10.

Number and Labeling. All documents and other materials (including copies)

produced in discovery in this litigation shall be given unique production numbers (commonly
referred to as “Bates” numbers) by the producing party. Each producing party shall use a unique
production number prefix to identify the producing party as delineated here:

26

Prefix:

Producing Party:

27

INBET

In Bet Gaming, Inc. and In Bet, LLC

28

GALX

Galaxy Gaming, Inc.
-5-

1

11.

Subject to paragraph 15 below, Confidential Information may be disclosed by the

2

receiving party only to the following individuals provided that such individuals are informed of

3

the terms of this Protective Order: (a) the parties to the proceeding, and the employees of the

4

parties; (b) counsel of record in this proceeding, the employees of such counsel, outside vendors

5

employed by such counsel for depositions or for purposes of scanning, reproducing, or numbering

6
7
8
9
10
11

documents, information, or things, and independent testifying or non-testifying experts or trial
consultants retained by such counsel or by the parties in connection with this proceeding; (c) the
person producing such materials; (d) the person who is the proprietor or source of such materials; and
(e) the Court.

12.

Subject to paragraph 15 below, Confidential Attorney Eyes Only Information may

12

be disclosed by the receiving party only to the following individuals provided that such

13

individuals are informed of the terms of this Protective Order: (a) outside counsel of record in

14

this action, the employees of such counsel, outside vendors employed by such counsel for

15
16

depositions or for purposes of scanning, reproducing, or numbering documents, information, or
things, and independent testifying or non-testifying experts or trial consultants retained by such

17
18
19
20

counsel or by the parties in connection with this proceeding; (b) the person producing such
materials; (c) the person who is the proprietor or source of such materials; and (d) the Court.
13.

Further, prior to disclosing Confidential Information or Confidential Attorney

21

Eyes Only Information to a receiving party’s proposed expert or consultant, the receiving party

22

shall provide to the producing party a signed Confidentiality Agreement in the form attached as

23
24
25
26

Exhibit A, the resume or curriculum vitae of the proposed expert or consultant, the expert or
consultant’s business affiliation, and any current and past consulting relationships in the industry.
The producing party shall thereafter have fourteen (14) calendar days from receipt of the

27

Confidentiality Agreement to object to any proposed individual. Such objection must be made

28

for good cause and in writing, stating with particularity the reasons for objection. Failure to
-6-

1

object within fourteen (14) calendar days shall constitute approval. If the parties are unable to

2

resolve any objection, the receiving party may apply to the Court to resolve the matter. There

3

shall be no disclosure to any proposed individual during the fourteen (14) calendar day objection

4

period, unless that period is waived by the producing party, or if any objection is made, until the

5

parties have resolved the objection, or the Court has ruled upon any resultant motion.

6
7
8
9

14.

Counsel shall be responsible for the adherence by third-party vendors to the terms

and conditions of this Protective Order. Counsel may fulfill this obligation by obtaining a signed
Confidentiality Agreement in the form attached as Exhibit A.
15.

10

Confidential Information or Confidential Attorney Eyes Only Information may be

11

disclosed to a person, not already allowed access to such information under this Protective Order,

12

if:

13
14

a.

the information was previously received or authored by the person or was

authored or received by a director, officer, employee or agent of the company for which the

15
16
17
18
19
20
21
22
23
24

person is testifying as a Rule 30(b)(6) designee;
b.

the designating party is the person or is a party for whom the person is a director,

officer, employee, consultant or agent; or
c.

counsel for the party designating the material agrees that the material may be

disclosed to the person.
In the event of disclosure under this paragraph, only the reporter, the person, his or her
counsel, the judge and persons to whom disclosure may be made, and who are bound by the
Protective Order, may be present during the disclosure or discussion of Confidential Information.

25

Disclosure of material pursuant to this paragraph shall not constitute a waiver of the confidential

26

status of the material so disclosed.

27

Non-Party Information

28

16.

The existence of this Protective Order shall be disclosed to any person producing
-7-

1

documents, tangible things or testimony in this action who may reasonably be expected to desire

2

confidential treatment for such documents, tangible things or testimony. Any such person may

3

designate documents, tangible things or testimony confidential pursuant to this Protective Order.

4

Filing Confidential Documents With the Court

5

17.

6
7
8
9

Documents designated Confidential Information and Confidential Attorneys Eyes

Only Information, or court papers containing information that has been so designated, shall be
filed with the Court in accordance with Local Rule 10-5(b), or such other policies and procedures
adopted by the Court and in effect at the time of the filing.

10

No Prejudice

11

18.

12
13
14

Producing or receiving confidential information, or otherwise complying with the

terms of this Protective Order, shall not (a) operate as an admission by any party that any
particular Confidential Information contains or reflects trade secrets or any other type of
confidential or proprietary information; (b) prejudice the rights of a party to object to the

15
16
17

production of information or material that the party does not consider to be within the scope of
discovery; (c) prejudice the rights of a party to seek a determination by the Court that particular

18

materials be produced; (d) prejudice the rights of a party to apply to the Court for further

19

protective orders; or (e) prevent the parties from agreeing in writing to alter or waive the

20

provisions or protections provided for herein with respect to any particular information or

21
22
23
24

material.
Modification of the Protective Order
19.

Any party may apply to the Court for a modification of this Protective Order, and

25

nothing in this Protective Order shall be construed to prevent a party from seeking such further

26

provisions or protections provided for herein with respect to any particular information or

27

material.

28
-8-

1
2

Conclusion of Litigation
20.

Within sixty (60) calendar days after final judgment in this action, including the

3

exhaustion of all appeals, or within sixty (60) calendar days after dismissal pursuant to a

4

settlement agreement, each party or other person subject to the terms of this Protective Order

5

shall be under an obligation to destroy or return to the producing party all materials and

6
7
8
9

documents containing Confidential Information or Confidential Attorney Eyes Only Information,
and to certify to the producing party such destruction or return. However, outside counsel for
any party shall be entitled to retain all court papers, trial transcripts, exhibits and attorney work

10

provided that any such materials are maintained and protected in accordance with the terms of

11

this Protective Order.

12
13
14

Other Proceedings
21.

By entering this Protective Order and limiting the disclosure of information in this

case, the Court does not intend to preclude another court from finding that information may be

15
16
17

relevant and subject to disclosure in another case.

Any person or parties subject to this

Protective Order that may be subject to a motion to disclose another party’s information

18

designated Confidential pursuant to this Protective Order, shall promptly notify that party of the

19

motion so that it may have an opportunity to appear and be heard on whether that information

20

should be disclosed.

21
22
23
24

Remedies
22.

It is Ordered by the Court that this Protective Order will be enforced by the

sanctions set forth in Rule 37(b) of the Federal Rules of Civil Procedure and such other sanctions

25

as may be available to the Court, including the power to hold parties or other violators of this

26

Protective Order in contempt.

27

violation of this Protective Order are fully preserved.

28

23.

All other remedies available to any person(s) injured by a

Any party may petition the Court for good cause shown, in the event such party
-9-

1
2
3

desires relief from a term or condition of this Order.
Respectfully submitted,
HOLLAND & HART LLP

WATSON ROUNDS

/s/ Robert C. Ryan
Robert C. Ryan (7164)
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511
Bryce K. Kunimoto (7781)
Ryan Loosvelt (8550)
9555 Hillwood Drive, 2nd Floor
Las Vegas, Nevada 89134

/s/ Michael D. Rounds
Michael D. Rounds (4734)
Adam K. Yowell (11748)
Ryan J. Cudnik (12948)
Steven A. Caloiaro (12344)
10000 West Charleston Blvd., Suite 240
Las Vegas, Nevada 89135

4
5
6
7
8
9
10
11
12
13
14
15

Attorneys for Plaintiff and Counter-Defendant
Galaxy Gaming, Inc.

Christopher B. Hadley (pro hac vice)
HOLLAND & HART LLP
222 South Main St., Suite 2200
Salt Lake City, UT 84101
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants and
Counterclaimants In Bet Gaming, Inc.
and In Bet, LLC

16
17
18
19

ORDER
IT IS SO ORDERED.
DATED this 24th day of March, 2015.

20
21
22

U.S. MAGISTRATE JUDGE

23
24
25
26
27
28
- 10 -

__________

EXHIBIT A

1
2

UNITED STATES DISTRICT COURT

3

DISTRICT OF NEVADA

4
5

GALAXY GAMING, INC., a Nevada
Corporation,

6

Plaintiff and Counterclaim Defendant,

7

Case No. 2:14-cv-01956-RFB-VCF
CONFIDENTIALITY AGREEMENT

v.

8
9
10

IN BET GAMING, INC., a New Jersey
corporation, IN BET, LLC, a Connecticut
limited liability company,
Defendants and Counterclaimants.

11
12
13

I hereby affirm that:
1.

Information, including documents and things, designated as “Confidential

14

Information,” or “Confidential Attorney Eyes Only Information,” as defined in the Protective

15

Order entered in the above-captioned action (hereinafter “Protective Order”), is being provided

16

to me pursuant to the terms and restrictions of the Protective Order.

17
18
19
20

2.

I have been given a copy of and have read the Protective Order.

3.

I am familiar with the terms of the Protective Order and I agree to comply with

and to be bound by such terms.

21

4.

I submit to the jurisdiction of this Court for enforcement of the Protective Order.

22

5.

I agree not to use any Confidential Information or Confidential Attorney Eyes

23
24
25

Only Information disclosed to me pursuant to the Protective Order except for purposes of the
above-captioned litigation and not to disclose any such information to persons other than those
specifically authorized by said Protective Order, without the express written consent of the party

26
27
28

who designated such information as confidential or by order of this Court. I also agree to notify
any stenographic, clerical or technical personnel who are required to assist me of the terms of
- 11 -

1
2

this Protective Order and of its binding effect on them and me.
6.

I understand that I am to retain all documents or materials designated as or

3

containing Confidential Information or Confidential Attorney Eyes Only Information in a secure

4

manner, and that all such documents and materials are to remain in my personal custody until the

5

completion of my assigned duties in this matter, whereupon all such documents and materials,

6
7
8
9
10

including all copies thereof, and any writings prepared by me containing any Confidential
Information or Confidential Attorney Eyes Only Information are to be returned to counsel who
provided me with such documents and materials.
DATED this ___ day of _________ , 2015.

11
12

BY:

13
14
15
16
17

7668816_1

18
19
20
21
22
23
24
25
26
27
28
- 12 -

__________________________________