Aevoe Corp. v. i-Blason LLC

Filing 45

PROTECTIVE ORDER. Signed by Magistrate Judge Carl W. Hoffman on 5/27/2015. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-00149-RFB-CWH Document 43-1 Filed 05/26/15 Page 2 of 17

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JEFFREY A. SILVESTRI, ESQ.
Nevada Bar No. 5779
JOSEPHINE BINETTI MCPEAK, ESQ.
Nevada Bar No. 7994
McDONALD CARANO WILSON LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, NV 89102
Telephone [phone]
Facsimile [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
AEVOE CORP.

2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
PHONE [phone] • FAX [phone]

McDONALD • CARANO • WILSON LLP

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AEVOE CORP., a California corporation,

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Case No. 2:15-cv-00149-RFB-CWH
PLAINTIFF AEVOE CORP.’S
[PROPOSED] PROTECTIVE ORDER

Plaintiff,

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vs.

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I-BLASON LLC, a Georgia corporation,

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Defendant.

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Plaintiff Aevoe Corp. requests that the Court enter the [Proposed] Protective Order below,

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which contains the same provisions as the Protective Order entered and amended by the Court in the

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related case Aevoe Corp. v. AE Tech Co., Ltd., no. 2:12-cv-00053-GMN-NJK (ECF 155, Nov. 9,

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2012; ECF 334, Jul. 10, 2013).
PROTECTIVE ORDER

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1.

PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this action are likely to involve production of

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confidential, proprietary, or private information for which special protection from public disclosure

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and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly,

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the parties hereby stipulate to and petition the court to enter the following Stipulated Protective
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STIPULATED AND [PROPOSED] PROTECTIVE ORDER

Case 2:15-cv-00149-RFB-CWH Document 43-1 Filed 05/26/15 Page 3 of 17

or responses to discovery and that the protection it affords from public disclosure and use extends

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only to the limited information or items that are entitled to confidential treatment under the

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applicable legal principles. The parties further acknowledge, as set forth in Section 12.4 below, that

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this Stipulated Protective Order does not entitle them to file confidential information under seal;

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Local Rule 10-5 sets forth the procedures that must be followed when a party seeks permission from

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the court to file material under seal.

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Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures

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2.

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DEFINITIONS
2.1

Challenging Party: a Party or Non-Party that challenges the designation of

information or items under this Order.
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"CONFIDENTIAL" Information or Items: information (regardless of how it is

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generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of

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Civil Procedure 26(c).

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2.3

Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well

as their support staff).
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Designating Party: a Party or Non-Party that designates information or items that it

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produces in disclosures or in responses to discovery as "CONFIDENTIAL" or "HIGHLY

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CONFIDENTIAL – ATTORNEYS' EYES ONLY."

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2.5

Disclosure or Discovery Material: all items or information, regardless of the medium

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or manner in which it is generated, stored, or maintained (including, among other things, testimony,

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transcripts, and tangible things), that are produced or generated in disclosures or responses to

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discovery in this matter.

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2.6

Expert: a person with specialized knowledge or experience in a matter pertinent to the

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litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a

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consultant in this action, (2) is not a past or current employee of a Party or a current employee of a

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Party's competitor, and (3) at the time of retention, is not anticipated to become an employee of a

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Party or of a Party's competitor, and (4) is a person to whom the Party that retained this person seeks

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STIPULATED AND [PROPOSED] PROTECTIVE ORDER

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to disclose information designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL –

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ATTORNEYS' EYES ONLY by another Party or Non-Party.

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2.7

"HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY" Information or Items:

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extremely sensitive "Confidential Information or Items," disclosure of which to another Party or

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Non-Party would create a substantial risk of serious harm that could not be avoided by less

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restrictive means.

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2.8

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does not include Outside Counsel of Record or any other outside counsel.

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House Counsel: attorneys who are employees of a party to this action. House Counsel

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Non-Party: any natural person, partnership, corporation, association, or other legal

entity not named as a Party to this action.

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2.10

Outside Counsel of Record: attorneys who are not employees of a party to this action

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but are retained to represent or advise a party to this action and have appeared in this action on

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behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.

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2.11

consultants, retained experts, and Outside Counsel of Record (and their support staffs).

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Party: any party to this action, including all of its officers, directors, employees,

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Producing Party: a Party or Non-Party that produces Disclosure or Discovery

Material in this action.

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2.13

Professional Vendors: persons or entities that provide litigation support services (e.g.,

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photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing,

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storing, or retrieving data in any form or medium) and their employees and subcontractors.

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2.14

Protected Material: any Disclosure or Discovery Material that is designated as

"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY."

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2.15

Receiving Party: a Party that receives Disclosure or Discovery Material from a

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Producing Party.

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3.

SCOPE

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The protections conferred by this Stipulation and Order cover not only Protected Material (as

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defined above), but also (1) any information copied or extracted from Protected Material; (2) all

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copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
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STIPULATED AND [PROPOSED] PROTECTIVE ORDER

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However, the protections conferred by this Stipulation and Order do not cover the following

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information: (a) any information that is in the public domain at the time of disclosure to a Receiving

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Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of

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publication not involving a violation of this Order, including becoming part of the public record

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through trial or otherwise; and (b) any information known to the Receiving Party prior to the

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disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the

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conversations, or presentations by Parties or their Counsel that might reveal Protected Material.

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information lawfully and under no obligation of confidentiality to the Designating Party.

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4.

DURATION

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Even after final disposition of this litigation, the confidentiality obligations imposed by this

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Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order

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otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and

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defenses in this action, with or without prejudice; and (2) final judgment herein after the completion

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and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the

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time limits for filing any motions or applications for extension of time pursuant to applicable law.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party or

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Non-Party that designates information or items for protection under this Order must take care to

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limit any such designation to specific material that qualifies under the appropriate standards. To the

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extent it is practical to do so, the Designating Party must designate for protection only those parts of

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material, documents, items, or oral or written communications that qualify – so that other portions of

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the material, documents, items, or communications for which protection is not warranted are not

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swept unjustifiably within the ambit of this Order.

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Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown

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to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily

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encumber or retard the case development process or to impose unnecessary expenses and burdens on

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other parties) expose the Designating Party to sanctions.

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STIPULATED AND [PROPOSED] PROTECTIVE ORDER

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If it comes to a Designating Party's attention that information or items that it designated for

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protection do not qualify for protection at all or do not qualify for the level of protection initially

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asserted, that Designating Party must promptly notify all other Parties that it is withdrawing the

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mistaken designation.

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5.2

Manner and Timing of Designations. Except as otherwise provided in this Order (see,

Discovery Material that qualifies for protection under this Order must be clearly so designated

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e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or

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before the material is disclosed or produced.

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Designation in conformity with this Order requires:
(a)

for information in documentary form (e.g., paper or electronic documents, but

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excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party

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affix the legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES

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ONLY" to each page that contains protected material. If only a portion or portions of the material on

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a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s)

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(e.g., by making appropriate markings in the margins) and must specify, for each portion, the level

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of protection being asserted.

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A Party or Non-Party that makes original documents or materials available for inspection

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need not designate them for protection until after the inspecting Party has indicated which material it

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would like copied and produced. During the inspection and before the designation, all of the material

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made available for inspection shall be deemed "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES

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ONLY." After the inspecting Party has identified the documents it wants copied and produced, the

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Producing Party must determine which documents, or portions thereof, qualify for protection under

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this Order. Then, before producing the specified documents, the Producing Party must affix the

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appropriate legend ("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES

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ONLY") to each page that contains Protected Material. If only a portion or portions of the material

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on a page qualifies for protection, the Producing Party also must clearly identify the protected

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portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each portion,

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the level of protection being asserted.
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STIPULATED AND [PROPOSED] PROTECTIVE ORDER

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(b)

for testimony given in deposition or in other pretrial or trial proceedings, that

proceeding, all protected testimony and specify the level of protection being asserted. When it is

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impractical to identify separately each portion of testimony that is entitled to protection and it

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appears that substantial portions of the testimony may qualify for protection, the Designating Party

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may invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right

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to have up to 40 days after the completion of the deposition to identify the specific portions of the

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the Designating Party identify on the record, before the close of the deposition, hearing, or other

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testimony as to which protection is sought and to specify the level of protection being asserted. Only

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those portions of the testimony that are appropriately designated for protection within the 40 days

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shall be covered by the provisions of this Stipulated Protective Order. Alternatively, a Designating

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Party may specify, at the deposition or up to 40 days after the completion of the deposition if that

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period is properly invoked, that the entire transcript shall be treated as "CONFIDENTIAL" or

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"HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY."

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Transcripts containing Protected Material shall have an obvious legend on the title page that

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the transcript contains Protected Material, and the title page shall be followed by a list of all pages

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(including line numbers as appropriate) that have been designated as Protected Material and the level

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of protection being asserted by the Designating Party. The Designating Party shall inform the court

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reporter of these requirements. Any transcript that is prepared before the expiration of a 40-day

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period for designation shall be treated during that period as if it had been designated "HIGHLY

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CONFIDENTIAL – ATTORNEYS' EYES ONLY" in its entirety unless otherwise agreed. After the

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expiration of that period, the transcript shall be treated only as actually designated.

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(c)

for information produced in some form other than documentary and for any

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other tangible items, that the Designating Party affix in a prominent place on the exterior of the

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container or containers in which the information or item is stored the legend "CONFIDENTIAL" or

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"HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY." If only a portion or portions of the

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information or item warrant protection, the Designating Party, to the extent practicable, shall identify

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the protected portion(s) and specify the level of protection being asserted. At the time of production,

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the Designating Party shall also provide, to the extent practicable, a written summary that identifies
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STIPULATED AND [PROPOSED] PROTECTIVE ORDER

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information designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL – ATTORNEYS'

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EYES ONLY" pursuant to this section.

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5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

to secure protection under this Order for such material. Upon timely correction of a designation, the

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Receiving Party must make reasonable efforts to assure that the material is treated in accordance

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with the provisions of this Order.

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designate qualified information or items does not, standing alone, waive the Designating Party's right

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6.

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CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation of

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confidentiality at any time. Unless a prompt challenge to a Designating Party's confidentiality

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designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens,

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or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a

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confidentiality designation by electing not to mount a challenge promptly after the original

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designation is disclosed.

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6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution process

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by providing written notice of each designation it is challenging and describing the basis for each

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challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must

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recite that the challenge to confidentiality is being made in accordance with this specific paragraph

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of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must

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begin the process by conferring directly (in voice to voice dialogue; other forms of communication

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are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging

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Party must explain the basis for its belief that the confidentiality designation was not proper and

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must give the Designating Party an opportunity to review the designated material, to reconsider the

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circumstances, and, if no change in designation is offered, to explain the basis for the chosen

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designation. A Challenging Party may proceed to the next stage of the challenge process only if it

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has engaged in this meet and confer process first or establishes that the Designating Party is

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unwilling to participate in the meet and confer process in a timely manner.

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6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court

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intervention, the Challenging Party shall file and serve a motion to de-designate confidentiality. The

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Challenging Party may file a motion challenging a confidentiality designation at any time if there is

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good cause for doing so, including a challenge to the designation of a deposition transcript or any

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portions thereof. Any motion brought pursuant to this provision must be accompanied by a

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competent declaration affirming that the movant has complied with the meet and confer

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requirements imposed by the preceding paragraph and comply with the Local Rules.

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The burden of persuasion in any such challenge proceeding shall be on the Designating

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Party. Frivolous challenges and those made for an improper purpose (e.g., to harass or impose

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unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.

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Unless the Designating Party has waived the confidentiality designation by failing to file a motion to

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retain confidentiality as described above, all parties shall continue to afford the material in question

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the level of protection to which it is entitled under the Producing Party's designation until the court

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rules on the challenge.

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ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed or

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produced by another Party or by a Non-Party in connection with this case only for prosecuting,

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defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to

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the categories of persons and under the conditions described in this Order. When the litigation has

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been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL

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DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at a location and in a
secure manner that ensures that access is limited to the persons authorized under this Order.
7.2

Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise ordered by

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the court or permitted in writing by the Designating Party, a Receiving Party may disclose any

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information or item designated "CONFIDENTIAL" only to:

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(a)

the Receiving Party's Outside Counsel of Record in this action, as well as

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employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the

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information for this litigation;

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(b)

the officers, directors, and employees (including House Counsel) of the

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Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed

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the "Confidentiality Agreement" (Exhibit A);

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(c)

Experts (as defined in this Order) of the Receiving Party to whom disclosure

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is reasonably necessary for this litigation and who have signed the "Confidentiality Agreement"

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(Exhibit A);

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(d)

the court and its personnel;

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(e)

court reporters and their staff, and Professional Vendors to whom disclosure is

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reasonably necessary for this litigation;

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(f)

professional jury or trial consultants who have signed the Confidentiality

Agreement (Exhibit A); and

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(g)

the author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the information, including persons

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designated pursuant to Federal Rule of Civil Procedure 30(b)(6).

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7.3

Disclosure of "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY"

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Information or Items. Unless otherwise ordered by the court or permitted in writing by the

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Designating Party, a Receiving Party may disclose any information or item designated "HIGHLY

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CONFIDENTIAL – ATTORNEYS' EYES ONLY" only to:

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(a)

the Receiving Party's Outside Counsel of Record in this action, as well as

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employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the

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information for this litigation;

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(b)

Experts of the Receiving Party (1) to whom disclosure is reasonably necessary

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for this litigation, (2) who have signed the Confidentiality Agreement (Exhibit A), and (3) as to

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whom the procedures set forth in paragraph 7.4(a), below, have been followed;

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(c)

the court and its personnel;
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(d)

reasonably necessary for this litigation;

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court reporters and their staff, and Professional Vendors to whom disclosure is

(e)

professional jury or trial consultants who have signed the Confidentiality

Agreement (Exhibit A); and

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(f)

the author or recipient of a document containing the information or a

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custodian or other person who otherwise possessed or knew the information, including persons

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designated pursuant to Federal Rule of Civil Procedure 30(b)(6) by the Designating Party.

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7.4

Procedures for Approving or Objecting to Disclosure of "HIGHLY CONFIDENTIAL

– ATTORNEYS' EYES ONLY" Information or Items to Experts.
(a)

Unless otherwise ordered by the court or agreed to in writing by the

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Designating Party, a Party that seeks to disclose to an Expert (as defined in this Order) any

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information or item that has been designated "HIGHLY CONFIDENTIAL–ATTORNEYS' EYES

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ONLY" pursuant to paragraph 7.3(c) first must make a written request to the Designating Party that

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(1) identifies the general categories of "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES

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ONLY" information that the Receiving Party seeks permission to disclose to the Expert, (2) sets

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forth the full name of the Expert and the city and state of his or her primary residence, (3) attaches a

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copy of the Expert's current resume, (4) identifies the Expert's current employer(s), (5) identifies

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each person or entity from whom the Expert has received compensation or funding for work in his or

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her areas of expertise or to whom the expert has provided professional services in connection with a

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litigation during the preceding five years, and (6) identifies (by name and number of the case, filing

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date, and location of court) any litigation in connection with which the Expert has offered expert

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testimony, including through a declaration, report, or testimony at a deposition or trial, during the

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preceding five years.

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(b)

A Party that makes a request and provides the information specified in the

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preceding respective paragraphs may disclose the subject Protected Material to the identified Expert

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unless, within 10 days of delivering the request, the Party receives a written objection from the

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Designating Party. Any such objection must set forth in detail the grounds on which it is based.

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(c)

A Party that receives a timely written objection must meet and confer with the

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Designating Party (through direct voice to voice dialogue) to try to resolve the matter by agreement

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within five days of the written objection. If no agreement is reached, the Designating Party shall

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have five additional days to seek a protective order; if the Designating Party timely seeks a

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protective order, the Receiving Party shall not produce any information in its possession or control

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that is subject to the confidentiality agreement with the Expert before a determination by the court.

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In addition, any such motion must be accompanied by a competent declaration describing the

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parties' efforts to resolve the matter by agreement (i.e., the extent and the content of the meet and

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confer discussions) and setting forth the reasons advanced by the Designating Party for its refusal to

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approve the disclosure.

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In any such proceeding, the Designating Party opposing disclosure to the Expert shall bear

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the burden of proving that the risk of harm that the disclosure would entail (under the safeguards

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proposed) outweighs the Receiving Party's need to disclose the Protected Material to its Expert.

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8.

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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER
LITIGATION

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If a Party is served with a subpoena or a court order issued in other litigation that compels

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disclosure of any information or items designated in this action as "CONFIDENTIAL" or "HIGHLY

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CONFIDENTIAL – ATTORNEYS' EYES ONLY," that Party must:

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(a)

promptly notify in writing the Designating Party. Such notification shall

include a copy of the subpoena or court order;

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(b)

promptly notify in writing the party who caused the subpoena or order to issue

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in the other litigation that some or all of the material covered by the subpoena or order is subject to

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this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to be pursued by

the Designating Party whose Protected Material may be affected.1

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The purpose of imposing these duties is to alert the interested parties to the existence of this
Protective Order and to afford the Designating Party in this case an opportunity to try to protect its
confidentiality interests in the court from which the subpoena or order issued.
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designated in this action as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL – ATTORNEYS'

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EYES ONLY" before a determination by the court from which the subpoena or order issued, unless

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the Party has obtained the Designating Party's permission. The Party served with the subpoena or

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court order shall immediately notify the Designating Party of the determination and ask the

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Designating Party if the Designating Party intends to seek review of the determination. Nothing in

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these provisions should be construed as authorizing or encouraging a Party in this action to disobey a

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The Party served with the subpoena or court order shall not produce any information

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lawful directive from another court.

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9.

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A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS
LITIGATION
(a)

The terms of this Order are applicable to information produced by a Non-Party in this

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action and designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL – ATTORNEYS'

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EYES ONLY." Such information produced by Non-Parties in connection with this litigation is

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protected by the remedies and relief provided by this Order. Nothing in these provisions should be

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construed as prohibiting a Non-Party from seeking additional protections.

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(b)

In the event that a Party is required, by a valid discovery request, to produce a Non-

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Party's confidential information in its possession, and the Party is subject to an agreement with the

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Non-Party not to produce the Non-Party's confidential information, then the Party shall:

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1.

promptly notify in writing the Requesting Party and the Non-Party that some

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or all of the information requested is subject to a confidentiality agreement

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with a Non-Party;

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2.

promptly provide the Non-Party with a copy of the Stipulated Protective

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Order in this litigation, the relevant discovery request(s), and a reasonably

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specific description of the information requested; and

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3.
(c)

make the information requested available for inspection by the Non-Party.

If the Non-Party fails to object or seek a protective order from this court within 14

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days of receiving the notice and accompanying information, the Receiving Party may produce the

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Non-Party's confidential information responsive to the discovery request. If the Non-Party objects to
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Case 2:15-cv-00149-RFB-CWH Document 43-1 Filed 05/26/15 Page 14 of 17

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production or timely seeks a protective order, the Receiving Party shall not produce any information

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in its possession or control that is subject to the confidentiality agreement with the Non-Party before

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a determination by the court.2

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10.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

Material to any person or in any circumstance not authorized under this Stipulated Protective Order,

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the Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized

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2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
PHONE [phone] • FAX [phone]

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

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McDONALD • CARANO • WILSON LLP

5

disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c)

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inform the person or persons to whom unauthorized disclosures were made of all the terms of this

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Order, and (d) request such person or persons to execute the Confidentiality Agreement that is

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attached hereto as Exhibit A.

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11.

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INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED
MATERIAL

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When a Producing Party gives notice to Receiving Parties that certain inadvertently produced

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material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties

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are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to

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modify whatever procedure may be established in an e-discovery order that provides for production

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without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), the Receiving

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Party shall not use electronically stored information ("ESI") or any inadvertently produced

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information that the Producing Party asserts is attorney-client privileged or work product protected

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to challenge the privilege or protection. Pursuant to Federal Rule of Evidence 502(d), the inadvertent

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production of a privileged or work product is not a waiver in the pending case or in any other federal

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or state proceeding. The mere production of ESI in a litigation as part of a mass production shall not

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itself constitute a waiver for any purpose.

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The purpose of this provision is to alert the interested parties to the existence of confidentiality
rights of a Non-Party and to afford the Non-Party an opportunity to protect its confidentiality
interests in this court.
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Case 2:15-cv-00149-RFB-CWH Document 43-1 Filed 05/26/15 Page 15 of 17

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12.

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MISCELLANEOUS
12.1

Right to Further Relief. Nothing in this Order abridges the right of any person to seek

its modification by the court in the future.

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12.2

Right to Assert Other Objections. By stipulating to the entry of this Protective Order

information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no

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Party waives any right to object on any ground to use in evidence of any of the material covered by

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2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
PHONE [phone] • FAX [phone]

no Party waives any right it otherwise would have to object to disclosing or producing any

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McDONALD • CARANO • WILSON LLP

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this Protective Order.

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12.3

Export Control. Disclosure of Protected Material shall be subject to all applicable

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laws and regulations relating to the export of technical data contained in such Protected Material,

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including the release of such technical data to foreign persons or nationals in the United States or

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elsewhere. The Producing Party shall be responsible for identifying any such controlled technical

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data, and the Receiving Party shall take measures necessary to ensure compliance.

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12.4

Filing Protected Material. Without written permission from the Designating Party or a

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court order secured after appropriate notice to all interested persons, a Party may not file in the

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public record in this action any Protected Material. A Party that seeks to file under seal any Protected

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Material must comply with Local Rule 10-5. Protected Material may only be filed under seal

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pursuant to a court order authorizing the sealing of the specific Protected Material at issue.

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If the sole ground for a motion to seal is that the opposing party (or non-party) has designated

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a document as confidential, the opposing party (or non-party) shall file a declaration establishing

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good cause for the sealing along with a proposed order, or shall withdraw the designation. The

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declaration shall be filed within seven days of service on the opposing party (or non-party) of the

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request for a sealing order. If the declaration is not filed as required, the Court may order the

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document filed in the public record.

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13.

FINAL DISPOSITION

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Within 90 days after the final disposition of this action, as defined in paragraph 4, each

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Receiving Party must return all Protected Material to the Producing Party or destroy such material.

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As used in this subdivision, "all Protected Material" includes all copies, abstracts, compilations,
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STIPULATED AND [PROPOSED] PROTECTIVE ORDER

Case 2:15-cv-00149-RFB-CWH Document 43-1 Filed 05/26/15 Page 16 of 17

the Protected Material is returned or destroyed, the Receiving Party must submit a written

3

certification to the Producing Party (and, if not the same person or entity, to the Designating Party)

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by the 90 day deadline that (1) identifies (by category, where appropriate) all the Protected Material

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that was returned or destroyed and (2) affirms that the Receiving Party has not retained any copies,

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abstracts, compilations, summaries or any other format reproducing or capturing any of the Protected

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Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all

8
2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
PHONE [phone] • FAX [phone]

summaries, and any other format reproducing or capturing any of the Protected Material. Whether

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McDONALD • CARANO • WILSON LLP

1

pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda,

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correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant

10

and expert work product, even if such materials contain Protected Material. Any such archival copies

11

that contain or constitute Protected Material remain subject to this Protective Order as set forth in

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Section 4 (DURATION).

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ORDER

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IT IS SO ORDERED.
Dated: May 27, 2015
DATED:

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By:
RICHARD F. BOULWARE United States District
United States Magistrate Judge
Judge

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STIPULATED AND [PROPOSED] PROTECTIVE ORDER

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EXHIBIT A

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CONFIDENTIALITY AGREEMENT

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2300 WEST SAHARA AVENUE• SUITE 1200 • LAS VEGAS, NEVADA
PHONE [phone] • FAX [phone]

McDONALD • CARANO • WILSON LLP

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I hereby affirm that:
Information, including documents and things, designated as "Confidential Information," or
"Confidential Attorney Eyes Only Information," as defined in the Protective Order entered in this
action, Aevoe Corp. v. i-Blason LLC, Case No. 2: 15-cv-00149-RFB-CWH (D. NV), (hereinafter
"Protective Order"), is being provided to me pursuant to the terms and restrictions of the Protective
Order.
I have been given a copy of and have read the Protective Order. I am familiar with the terms
of the Protective Order and I agree to comply with and to be bound by such terms.
I submit to the jurisdiction of this Court for enforcement of the Protective Order.

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I agree not to use any Confidential Information or Confidential Attorney Eyes Only
Information disclosed to me pursuant to the Protective Order except for purposes of the abovecaptioned 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 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 this Protective Order and
of its binding effect on them and me.
I understand that I am to retain all documents or materials designated as or containing
Confidential Information or Confidential Attorney Eyes Only Information in a secure manner, and
that all such documents and materials are to remain in my personal custody until the completion of
my assigned duties in this matter, whereupon all such documents and materials, 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
Date:

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City and State where sworn and signed:
Printed name:
[printed name]

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Signature:
[signature]
SF:387945.5

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STIPULATED AND [PROPOSED] PROTECTIVE ORDER