Aerodynamics Incorporated et al v. Caesars Entertainment Operating Company, Inc. et al

Filing 165

ORDER Granting 162 Stipulated Amended Confidentiality Agreement and Protective Order. Signed by Magistrate Judge Peggy A. Leen on 1/17/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:15-cv-01344-JAD-PAL Document 164 Filed 01/09/17 Page 1 of 15

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HOBART LINZER LLP
C. Dana Hobart, Esq. (CA Bar No. 125139) (Admitted Pro Hac Vice)
Mary H. Chu, Esq. (CA Bar No. 156459) (Admitted Pro Hac Vice)
777 S. Figueroa St., Ste. 4000
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
FENNEMORE CRAIG, P.C.
Christopher H. Byrd, Esq. (NV Bar No. 1633)
Anthony W. Austin, Esq. (NV Bar No. 10850)
300 S. Fourth Street, Ste. 1400
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Aerodynamics Incorporated
and ADI Holdings Company, Inc.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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AERODYNAMICS INCORPORATED, a
Michigan corporation; ADI HOLDINGS
COMPANY INC., a Georgia corporation,
Plaintiffs,

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v.

Case No. 2:15-cv-1344-JAD-PAL

STIPULATED AMENDED
CONFIDENTIALITY AGREEMENT
AND PROTECTIVE ORDER;

[PROPOSED] ORDER THEREON

CAESARS ENTERTAINMENT
OPERATING COMPANY, INC., a Delaware
corporation; STEVEN MARKHOFF, an
individual; INTERNATIONAL
MANAGEMENT SOLUTIONS LLC, a
Delaware corporation; VIA AIRLINES, INC.,
a Colorado corporation; VIA AIR, LLC, a
Delaware corporation; and AMOS VIZER, an
individual,
Defendants.

Case 2:15-cv-01344-JAD-PAL Document 164 Filed 01/09/17 Page 2 of 15

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COME NOW, Plaintiffs Aerodynamics Incorporated (“ADI”) and ADI Holdings Company,

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Inc. (collectively “ADI” or “Plaintiffs”), by and through their undersigned, and Defendants Caesars

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Entertainment Operating Company, Inc. (“Caesars”), Steven Markhoff (“Markhoff”), International

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management Solutions, LLC (“International Management Solutions”), Via Airlines, Inc. (“Via

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Airlines”), Via Air, LLC (“Via Air”), and Amos Vizer (“Vizer”) (collectively “Defendants”), by and

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through their undersigned counsel of record, hereby enter into this Stipulated Confidentiality

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Agreement and Protective Order pursuant to FRCP 26(c) and FRCP 29. Plaintiffs and Defendants

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are collectively referred to as the “Parties” in this Stipulation and individually as “Party.”

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The Parties agree that good cause exists to protect the confidential nature of the information

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contained in documents, interrogatory responses, responses, responses to requests for admission, or

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deposition testimony. This action concerns claims for misappropriation of trade secrets and breach

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of nondisclosure agreements. The parties may request and/or exchange documents and information

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relating to aircraft lease/sale terms, financial information, FAA manuals, customer lists and

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agreements, agreements with vendors and suppliers of air charter companies, business plans,

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budgets, strategies, and other trade secret or confidential information not generally known to third

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parties. Thus, the Parties have agreed and stipulated to the entry of this Order for the protection of

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business records, information, financial records, trade secrets, confidential records, commercial

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information, and related information produced or otherwise disclosed by the Parties in this action.

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Whereas, the Parties desire to produce certain documents or other materials which contain

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proprietary and/or confidential information;
It is hereby stipulated and agreed, by and between the Parties hereto, through their respective
counsel of record, that:
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Applicability of this Protective Order. Subject to Section 2 below, this Protective

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Order does not and will not govern any trial proceedings in this action but will otherwise be

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applicable to and govern the handling of documents, depositions, deposition exhibits, interrogatory

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responses, responses to requests for admissions, responses to requests for production of documents,

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and all other discovery obtained pursuant to Federal Rules of Civil Procedure or other legal process

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by or from, or produced on behalf of, a party or witness in connection with this action (this
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information hereinafter shall be referred to as “Discovery Material”). As used herein, “Producing

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Party” or “Disclosing Party” shall refer to the parties and nonparties that give testimony or produce

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documents or other information in connection with this action; “Receiving Party” shall refer to the

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parties in this action that receive such information, and “Authorized Recipient” shall refer to any

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person or entity authorized by Sections 8 and 9 of this Protective Order to obtain access to

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Confidential Information, Highly Confidential Information, or the contents of such Discovery

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Material.

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2.

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No Waiver. This Protective Order is entered solely for the purpose of facilitating the

exchange of documents and information among the parties to this action without involving the Court

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unnecessarily in the process. Nothing in this Protective Order, nor the production of any

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information or document under the terms of this Protective Order, nor any proceedings pursuant to

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this Protective Order shall be deemed to be a waiver of any rights or objections to challenge the

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authenticity or admissibility of any document, testimony or other evidence at trial. Additionally,

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this Protective Order will not prejudice the right of any party or nonparty to oppose production of

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any information on the ground of attorney-client privilege; work product doctrine or any other

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privilege or protection provided under the law.

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3.

Designation of Information. Any Producing Party may designate Discovery

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Material that is in its possession, custody, or control produced to a Receiving Party as

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“Confidential” or “Highly Confidential” under the terms of this Protective Order if the Producing

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Party in good faith reasonably believes that such Discovery Material contains nonpublic,

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confidential information as defined in Sections 4 and 5 below.

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4.

Confidential Information. For the purposes of this Order, “Confidential

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Information” shall mean all information or material which is or has been produced or disclosed to a

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Receiving Party during the course of this litigation, whether embodied in physical objects,

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documents, or the factual knowledge of persons, which has been designated in writing as

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“Confidential” by the Disclosing Party. “Confidential Information” means any information that

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constitutes, reflects, or discloses nonpublic information, trade secrets, know-how, or other financial,

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proprietary, commercially sensitive, confidential business, marketing, regulatory, or strategic
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information, the disclosure of which the Disclosing Party (or its affiliates, personnel, or clients) and

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which is not publicly known and cannot be ascertained from an inspection of publically available

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sources, documents, material, or devices. Confidential Information shall also include sensitive

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personal information that is not otherwise publically available, such as home addresses; social

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security numbers; dates of birth; employment personnel files; medical information; home telephone

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records/numbers; employee disciplinary records; family court documents sealed by the family court

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pursuant to NRS 125.110 or designated Confidential by agreement of the parties to the family court

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proceeding at issue; wage statements or earnings statements; employee benefits data; tax records;

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and other similar personal financial information. Any Party that produces information during

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discovery in this action and has a good faith and reasonable basis for claiming that such information

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constitutes confidential and/or proprietary information may designate such information as

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“Confidential.”

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5.

Highly Confidential Information. For the purposes of this Order, “Highly

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Confidential Information” is any Confidential Information as defined in Section 4 above that also

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includes (a) extremely sensitive, highly confidential, nonpublic information, consisting either of

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trade secrets or proprietary or other highly confidential business, financial, regulatory, private, or

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strategic information (including information regarding business plans, technical data, and nonpublic

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designs), the disclosure of which would create a substantial risk of competitive, business, or

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personal injury to the Disclosing Party, and/or (b) nonpublic documents or information reflecting the

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substance of conduct or communications that are the subject of state, federal, or foreign government

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investigation. Any Party that produces information during discovery in this action and has a good

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faith and reasonable basis for claiming that such information constitutes confidential and/or

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proprietary information may designate such information as “Highly Confidential.” A party may re-

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designate material originally “CONFIDENTIAL” as “HIGHLY CONFIDENTIAL” by giving notice

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of such a re-designation to all parties.

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Designating Confidential Information or Highly Confidential Information.

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Confidential documents shall be so designated by stamping copies of the document (whether

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produced in hard copy or electronic form) to a party with the legend “CONFIDENTIAL” or
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“HIGHLY CONFIDENTIAL.” Stamping the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL” on the cover of any multi-page document shall designate all pages of the

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document as confidential, unless otherwise indicated by the Producing Party. If Confidential or

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Highly Confidential Information is produced via an electronic form on a computer readable medium

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(e.g., CD-ROM), other digital storage medium, or via Internet transmission, the Producing Party or

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Designating Party shall affix in a prominent place on the storage medium or container file on which

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the information is stored, and on any container(s) for such medium, the legend “Includes

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CONFIDENTIAL INFORMATION” or “Includes HIGHLY CONFIDENTIAL INFORMATION.”

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Nothing in this section shall extend confidentiality or the protections associated therewith to any

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information that does not otherwise constitute “Confidential Information” or “Highly Confidential

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Information” as defined in Sections 4 and 5 herein.

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Inadvertent Failure to Designate. A Party’s inadvertent or unintentional failure to

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designate information as Confidential shall not be deemed, by itself, to be a waiver of the right to so

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designate such discovery materials as Confidential Information or Highly Confidential Information.

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Within a reasonable time of learning of any such inadvertent failure, the Producing Party shall notify

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all Receiving Parties of such inadvertent failure and take such other steps as necessary to correct

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such failure after becoming aware of it. Disclosure of such discovery materials to any other person

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prior to later designation of the discovery materials in accordance with this section shall not violate

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the terms of this Protective Order. However, immediately upon being notified of an inadvertent

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failure to designate, all parties shall treat such information as though properly designated, and shall

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take any actions necessary to prevent any future unauthorized disclosure, use, or possession.

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Persons Authorized to Receive Confidential Information. Confidential

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Information produced pursuant to this Protective Order may be disclosed or made available only to

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the Court, its employees, other court personnel, any discovery referee, mediator or other official who

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may be appointed by the Court, and to the persons below:

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a.

A party, or officers, directors, employees, and agents of a party deemed

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necessary by counsel to aid in the prosecution, defense, or settlement of this

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action;
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b.

Counsel for a party (including in house attorneys, outside attorneys associated

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with a law firm(s) of record, and paralegal, clerical, and secretarial staff

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employed by such counsel);

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c.

Consultants or expert witnesses (together with their support staff) retained for

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the prosecution or defense of this litigation, provided that such an expert or

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consultant is not a current employee of a direct competitor of a party named in

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this action;

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d.

Court reporter(s) and videographers(s) employed in this action;

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e.

Any authors or recipients of the Confidential or Highly Confidential

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Information;
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A witness at any deposition or other proceeding in this action, who shall

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acknowledge prior to being shown confidential information that they will

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abide by the Protective Order; and

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g.

Any other person as to whom the parties in writing agree or that the Court in
these proceedings so designates.

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Any person to whom Confidential Information is disclosed pursuant to subparts (a) through

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(f) hereinabove shall be advised that the Confidential Information is being disclosed pursuant to an

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order of the Court, that the information may not be disclosed by such person to any person not

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permitted to have access to the Confidential Information pursuant to this Protective Order, and that

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any violation of this Protective Order may result in the imposition of such sanctions as the Court

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deems proper. Any person to whom Confidential Information is disclosed pursuant to subpart (c) or

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(g) of this section shall also be required to execute a copy of the form Exhibit A (which shall be

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maintained by the counsel of record for the party seeking to reveal the Confidential Information) in

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advance of being shown the Confidential Information. No party (or its counsel) shall discourage any

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persons from signing a copy of Exhibit A. If a person refuses to execute a copy of Exhibit A, the

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party seeking to reveal the Confidential Information shall seek an order from the Court directing that

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the person be bound by this Protective Order. In the event of the filing of such a motion,

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Confidential Information may not be disclosed to such person until the Court resolves the issue.
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Proof of each written agreement provided for under this Section shall be maintained by each of the

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parties while this action is pending and disclosed to the other parties upon good cause shown and

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upon order of the Court.

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Persons Authorized to Receive Highly Confidential Information. “HIGHLY

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CONFIDENTIAL “ documents and information may be used only in connection with this case and

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may be disclosed only to the Court and the persons listed in subsections (b), (d), (e) and (g) of

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Section 8 above, but shall not be disclosed to a party, or an employee of a party, unless otherwise

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agreed or ordered. Any person to whom Highly Confidential Information is disclosed pursuant to

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sub-sections (d) or (g) of Section 8 above shall also be required to execute a copy of the form

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Exhibit A.

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Use of Confidential Information or Highly Confidential Information. Except as

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provided herein, Confidential Information and Highly Confidential Information designated or

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marked shall be maintained in confidence, used solely for the purposes of this action, to the extent

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not otherwise prohibited by an order of the Court, shall be disclosed to no one except those persons

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identified herein in Sections 8 and 9, and shall be handled in such manner until such designation is

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removed by the Designating Party or by order of the Court. Confidential or Highly Confidential

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information produced by another party shall not be used by any Receiving Party for any commercial,

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competitive or personal purpose. Nothing in this Protective Order shall govern or restrict a

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Producing Party’s use of its own Confidential or Highly Confidential Information in any way.

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Use of Confidential Information and Highly Confidential Information in

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Depositions. Counsel for any party shall have the right to disclose Confidential or Highly

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Confidential Information at depositions, provided that such disclosure is consistent with this

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Protective Order, including Sections 8 and 9. Any counsel of record may request that all persons not

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entitled under Sections 8 and 9 of this Protective Order to have access to Confidential Information or

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Highly Confidential Information leave the deposition room during the confidential portion of the

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deposition. Failure of such other persons to comply with a request to leave the deposition shall

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constitute substantial justification for counsel to advise the witness that the witness need not answer

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the question where the answer would disclose Confidential Information or Highly Confidential
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Information. Additionally, at any deposition session, (1) upon inquiry with regard to the content of

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any discovery material(s) designated or marked as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL;” (2) whenever counsel for a party deems that the answer to a question may result

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in the disclosure or revelation of Confidential or Highly Confidential Information; and/or (3)

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whenever counsel for a party deems that the answer to any question has resulted in the disclosure or

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revelation of Confidential or Highly Confidential Information, counsel to any party may designate

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portions of a deposition transcript and/or video of any deposition (or any other testimony) as

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containing Confidential or Highly Confidential Information in accordance with this Order by a

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statement on the record during the deposition or by notifying all other parties in writing, within

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thirty (30) calendar days of receiving the transcript or video that it contains Confidential or Highly

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Confidential Information and designating the specific pages, lines, and/or counter numbers as

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containing Confidential or Highly Confidential Information. If a designation is made via a

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statement on the record during a deposition, counsel must follow up in writing within thirty (30)

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calendar days of receiving the transcript or video, identifying the specific pages, lines, and/or

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counter numbers containing the Confidential or Highly Confidential Information. If no

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confidentiality designations are made within the thirty calendar (30) day period, the entire transcript

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shall be considered nonconfidential. During the thirty (30) day period, the entire transcript and

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video shall be treated as Confidential Information (or Highly Confidential Information). All

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originals and copies of deposition transcripts that contain Confidential Information or Highly

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Confidential Information shall be prominently marked “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL “ on the cover thereof and, if and when filed with the Court, the portions of such

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transcript so designated shall be redacted and/or filed under seal as appropriate. Counsel must

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designate portions of a deposition transcript as “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL” within thirty calendar (30) days of receiving the transcript. Any DVD or other

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digital storage medium containing Confidential or Highly Confidential deposition testimony shall be

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labeled in accordance with the provisions of Section 6.

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12.

Notice to Non-Parties. The Parties agree that documents produced by non-parties in

this action should be afforded the same protection contemplated by the parties in this Order. Prior to
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obtaining any information, documents, or items produced by a non-party voluntarily or in response

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to a subpoena or court order, the Party intending to receive the information from a non-party shall

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provide the non-party with a copy of this Stipulated Confidentiality Agreement and Protective

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Order. By executing Exhibit "A" to the Stipulated Confidentiality Agreement and Protective Order

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entitled "Acknowledgment and Agreement to Be Bound," any non-party producing such information

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shall be entitled to designate documents as Confidential pursuant to its terms and afforded the same

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protections as the parties as contemplated in the Stipulated Confidentiality Agreement and

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Protective Order.

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13.

Filing of Confidential Information or Highly Confidential Information With

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Court. Any party seeking to file or disclose materials designated as Confidential Information or

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Highly Confidential Information with the Court in this Action must move to file such Confidential

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or Highly Confidential Information redacted and/or under seal. The Designating Party will have the

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burden to provide the Court with any information necessary to support the designation as

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Confidential Information or Highly Confidential Information. Nothing in this section shall preclude

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a party from challenging a designation in accordance with Section 16 below.

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Knowledge of Unauthorized Use or Possession. If a party receiving Confidential

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Information or Highly Confidential Information learns of any possession, knowledge, use or

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disclosure of any Confidential Information or Highly Confidential Information in violation of the

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terms of this Protective Order, the Receiving Party shall immediately notify in writing the party that

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produced the Confidential Information or Highly Confidential Information. The Receiving Party

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shall promptly furnish the Producing Party the full details of such possession, knowledge, use or

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disclosure. With respect to such unauthorized possession, knowledge, use or disclosure the

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Receiving Party shall assist the Producing Party in remedying the disclosure (e.g., by retrieving the

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Confidential Information from an unauthorized recipient) and/or preventing its recurrence.

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15.

Information Not Confidential. The restrictions set forth in this Protective Order

shall not be construed to apply to any information or materials that:
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Were lawfully in the Receiving Party’s possession prior to such information being
designated as Confidential or Highly Confidential Information in this action, and
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that the Receiving Party is not otherwise obligated to treat as confidential,

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including by virtue of the nondisclosure agreement between Caesars and ADI

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dated October 2, 2014, or the IMS Letter of Intent dated February 7, 2015;

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b.

Were obtained without any benefit or use of Confidential or Highly Confidential

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Information from a third party having the right to disclose such information to the

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Receiving Party without restriction or obligation of confidentiality;

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c.

Were independently developed after the time of disclosure by persons who did not

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have access to the Producing Party’s Confidential or Highly Confidential

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Information;

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d.

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not due to any unauthorized act or omission on the part of a Receiving Party; or

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Have been or become part of the public domain by publication or otherwise and

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Under law, have been declared to be in the public domain.
Challenges to Designations. If, at any time, counsel for the Receiving Party

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believes that the Producing Party has unreasonably designated certain information as Confidential

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Information or Highly Confidential Information, the Receiving Party may object in writing to the

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designation within thirty (30) days of the disclosure and designation of Confidential Information or

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Highly Confidential Information at issue. If the Parties are unable to confer and agree on the

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designation, then the Receiving Party may timely file a motion with the Court asserting its challenge

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to the designation. The Party claiming Confidential Information or Highly Confidential Information

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shall have the burden of establishing confidentiality. Any contested information shall continue to be

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treated as confidential and subject to this Protective Order until such time as such motion has been

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ruled upon.

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17.

No Waiver of Privilege. Disclosure (including production) of information after the

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parties’ entry of this Protective Order that a party or nonparty later claims was inadvertent and

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should not have been disclosed because of a privilege, including, but not limited to, the attorney

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client privilege or work product doctrine (“Privileged Information”), shall not constitute a waiver of,

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or estoppel as to, any claim of attorney-client privilege, attorney work product, or other ground for

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withholding production as to which the Disclosing or Producing Party would be entitled in this

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action.

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Effect of disclosure of Privileged Information. The Receiving Party hereby agrees

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to promptly return, sequester, or destroy any Privileged Information disclosed or produced by

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Disclosing or Producing Party upon request by Disclosing or Producing Party regardless of whether

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the Receiving Party disputes the designation of Privileged Information. The Receiving Party may

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sequester (rather than return or destroy) such Privileged Information only if it contends that the

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information itself is not privileged or otherwise protected and it challenges the privilege designation,

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in which case it may only sequester the information until the claim of privilege or other protection is

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resolved. If any party disputes the privilege claim (“Objecting Party”), that Objecting Party shall

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object in writing by notifying the Producing Party of the dispute and the basis therefore. The parties

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thereafter shall meet and confer in good faith regarding the disputed claim within ten (10) court days

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after service of the written objection. In the event that the parties do not resolve their dispute, the

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Objecting Party may bring a motion for a determination of whether a privilege applies within ten

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(10) court days of the meet and confer session, but may only contest the asserted privileges on

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ground other than the inadvertent production of such document(s). In making such a motion, the

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Objecting Party shall not disclose the content of the document(s) at issue, but may refer to the

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information contained on the privilege log. Nothing herein shall relieve counsel from abiding by

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applicable ethical rules regarding inadvertent disclosure and discovery of inadvertently disclosed

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privileged or otherwise protected material. The failure of any party to provide notice or instructions

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under this Paragraph shall not constitute a waiver of, or estoppel as to, any claim of attorney-client

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privilege, attorney work product, or other ground for withholding production as to which the

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Disclosing or Producing Party would be entitled in this action.

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19.

Redaction Allowed. Any Producing Party may redact from the documents or things

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it produces matter that the Producing Party claims is subject to the attorney-client privilege, the

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work product doctrine, a legal prohibition against disclosure, or any other privilege from disclosure.

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Any Producing Party also may redact information that is both personal and nonresponsive, such as a

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social security number. A Producing Party may not withhold nonprivileged, responsive information
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solely on the grounds that such information is contained in a document that includes privileged

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information. The Producing Party shall mark each redaction with a legend stating “REDACTED,”

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and include an annotation indicating the specific reason for the redaction (e.g., “REDACTED—

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Work Product”). All documents redacted based on attorney client privilege or work product

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immunity shall be listed in an appropriate log in conformity with Federal Rule of Civil Procedure

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26(b)(5). Where a document consists of more than one page, the page on which information has

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been redacted shall so be marked. The Producing Party shall preserve an unredacted version of such

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document.

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20.

Inadvertent Production of Non-Discoverable Documents. If a Producing Party

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inadvertently produces a document that contains no discoverable information, the Producing Party

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may request in writing that the Receiving Party return the document, and the Receiving Party will

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return the document. A Producing Party may not request the return of a document pursuant to this

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section if the document contains any discoverable information. If a Producing Party inadvertently

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fails to redact personal information (e.g., a social security number), the Producing Party may provide

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the Receiving Party a substitute version of the document that redacts the personal information, and

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the Receiving Party shall return the original, unredacted document to the Producing Party.

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21.

Reservation of Rights. This Order shall be without prejudice to the rights of the

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Parties to present a motion to the Court under applicable Federal Rules of Civil Procedure for a

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separate protective order as to any particular document or information, including restrictions

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differing from those as specified herein. This Order shall not be deemed to prejudice the Parties in

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any way in any future application for modification of this Order. Such motion, however, shall only

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be made after the Parties have engaged in a good faith effort to resolve the issue prior to any

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application to the Court. Nothing in this Stipulation shall restrict the use or disclosure by a Party of

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information that it alone has designated as Confidential. In addition, this Stipulation shall not limit

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or circumscribe in any manner any rights the Parties (or their respective counsel) may have under

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common law or pursuant to any state, federal, or foreign statute or regulation, and/or ethical rule.

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22.

Other Actions and Proceedings. If a Receiving Party (a) is subpoenaed in another

action, investigation, or proceeding, (b) is served with a demand in another action, investigation, or
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proceeding, or (c) is served with any legal process by one not a party to this Protective Order,

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seeking materials which were produced or designated as Confidential or Highly Confidential

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Information pursuant to this Protective Order, the Receiving Party shall give prompt actual written

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notice by electronic transmission to counsel of record for such Producing Party within five (5)

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business days of receipt of such subpoena, demand or legal process, or such shorter notice as may be

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required to provide other parties with the opportunity to object to the immediate production of the

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requested discovery materials to the extent permitted by law. The burden of opposing enforcement

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of the subpoena shall fall upon the party or nonparty who produced or designated the Discovery

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Material as Confidential or Highly Confidential Information. Unless the party or nonparty who

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produced or designated the Confidential or Highly Confidential Information obtains an order

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directing that the subpoena not be complied with, and serves such order upon the Receiving Party

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prior to production pursuant to the subpoena, the Receiving Party shall be permitted to produce

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documents responsive to the subpoena on the subpoena response date. Compliance by the

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Receiving Party with any order directing production pursuant to a subpoena of any Confidential or

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Highly Confidential Information shall not constitute a violation of this Protective Order. Nothing in

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this Protective Order shall be construed as authorizing a party to disobey a lawful subpoena issued in

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another action.

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23.

Order Survives Termination. This Protective Order shall survive the termination

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of this action, and the Court shall retain jurisdiction to resolve any dispute concerning the use of

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information disclosed hereunder. Upon final termination of this action, including all appeals, and

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upon request by the Producing Party, the Receiving Party shall, at its option, either return to the

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Producing Party or destroy all physical objects and documents which embody Confidential

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Information or Highly Confidential Information and which were received from the Producing Party,

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and shall destroy, in whatever form stored or reproduced, all other physical objects and documents

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produced by the Producing Party to the Receiving Party during the litigation. However, counsel for

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a Party shall be entitled to retain a copy of such Confidential Information or Highly Confidential

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Information, including, but not limited to, pleadings, correspondence, memoranda, notes, and other

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work product materials which contain or refer to such information, provided that all Confidential
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Case 2:15-cv-01344-JAD-PAL Document 164 Filed 01/09/17 Page 14 of 15

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Information embodied in physical objects and document shall remain subject to this Order.

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DATED this 22nd day of December, 2016

DATED this 22nd day of December, 2016

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HOBART LINZER LLP

PISANELLI BICE PLLC

By: /s/ Mary H. Chu
C. Dana Hobart, Esq. (CA Bar No. 125139)
(admitted pro hac vice)
Mary H. Chu, Esq. (CA Bar No. 156459)
(admitted pro hac vice)

By: /s/ M. Magali Mercera
James J. Pisanelli, Esq. (NV Bar No. 4027)
Debra L. Spinelli, Esq. (NV Bar No. 9695)
M. Magali Mercera, Esq. (NV Bar No. 11742)

Anthony W. Austin, Esq. (NV Bar No. 10850)
Christopher H. Byrd, Esq. (NV Bar No. 1633)
Anthony W. Austin, Esq. (NV Bar No. 10850)
FENNEMORE CRAIG, P.C.

Attorneys for Defendants Caesars Entertainment
Operating Company, Inc.

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Attorneys for Plaintiffs Aerodynamics
Incorporated and ADI Holdings Company,
Inc.*
DATED this 22nd day of December, 2016
PEARSON BITMAN LLP

DATED this 22nd day of December, 2016

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SCHWARTZ FLANSBURG PLLC

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By: /s/ Ronnie J. Bitman
Ronnie J. Bitman, Esq. (FL Bar No. 0744891)
(admitted pro hac vice)

By: /s/ Frank M. Flansburg
Frank M. Flansburg III, Esq. (NV Bar No. 6974)
Brian Blankenship, Esq. (NV Bar No. 11522)
Troy P. Domina, Esq. (NV Bar No. 13862)

Matthew T. Dushoff, Esq. (NV Bar No. 4975)
KOLESAR & LEATHAM, CHTD

Attorneys for Defendants Steven Markhoff,
International Management Solutions, LLC

Attorneys for Defendants Via Airlines, Inc., Via
Air, LLC, and Amos Vizer*

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ORDER
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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE,
PEGGY LEEN

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DATED:

January 17, 2017

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* This agreement does not waive any jurisdictional arguments asserted by Defendant Amos Vizer
and Plaintiffs in this action.
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Case 2:15-cv-01344-JAD-PAL Document 164 Filed 01/09/17 Page 15 of 15

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FORM ATTACHMENT “A”
ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
I, ____________________________ [print or type full name], of

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_______________________ [print or type full address], declare under penalty of perjury that I have

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read in its entirely and understand the Stipulated Confidentiality Agreement and Protective Order

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that was issued by the United States District Court, District of Nevada on _______ [date] in the

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action entitled AERODYNAMICS INCORPORATED, et al. v. CAESARS ENTERTAINMENT

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OPERATING COMPANY, INC., et al.; Case No. 2:15-cv-01344. I agree to comply with and to be

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bound by all of the terms of this Stipulated Confidentiality Agreement and Protective Order and I

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understand and acknowledge that failure to so comply could expose me to sanctions and punishment

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in the nature of contempt. I solemnly promise that I will not disclose in any manner any information

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or item that is subject to this Stipulated Confidentiality Agreement and Protective Order to any

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person or entity except in strict compliance with the provisions of this Stipulated Confidentiality

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Agreement and Protective Order.

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I further agree to submit to the jurisdiction of the United States District Court, District of

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Nevada for the purpose of enforcing the terms of this Stipulated Confidentiality Agreement and

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Protective Order, even if such enforcement proceedings occur after termination of this action.

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Date: ________________

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City and State where sworn and signed: ______________________________________

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Printed name: _________________________________

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Signature: ____________________________________

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