ServiceLink NLS, LLC v. Cooper Castle Law Firm, LLC, et al

Filing 44

ORDER Granting 43 Stipulated Protective Order. Signed by Magistrate Judge George Foley, Jr on 12/15/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00005-APG-GWF Document 43 Filed 12/14/16 Page 1 of 11

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MORRIS LAW GROUP
Ryan M. Lower, No. 9108
Email: rml@morrislawgroup .com
Raleigh C. Thompson, No. 11296
Email: rct@morrislawgroup .com
900 Bank of America Plaza
300 South Fourth Street
Las Vegas, Nevada 89101
Telephone: [phone]
BABST, CALLAND, CLEMENTS &
ZOMNIR, P.C.
James D. Miller (pro hac vice)
Email: [e-mail]
Two Gateway Center, 6th Floor
Pittsburgh, PA 15222
Telephone: [phone]
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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Case No. 2:16-cv-00005-APG-GWF

STIPULATED PROTECTIVE
ORDER

COOPER CASTLE LAW FIRM,
LLC d/b/a COOPER CASTLE
LAW FIRM LLP, CAREN CASTLE,)
LAWRENCE CASTLE, AND
)
AARON WAITE,
)
Defendants.

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1.

PURPOSES AND LIMITATIONS

Discovery in this action is likely to involve production of confidential,

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proprietary, or private information for which special protection may be

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warranted. Accordingly, the parties hereby stipulate to and petition the

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court to enter the following Stipulated Protective Order. The parties

Case 2:16-cv-00005-APG-GWF Document 43 Filed 12/14/16 Page 2 of 11

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acknowledge that this Order does not confer blanket protection on all

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disclosures or responses to discovery. The protection it affords from public

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disclosure and use extends only to the limited information or items that are

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entitled to confidential treatment under the applicable legal principles, and

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it does not presumptively entitle parties to file confidential information

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under seal.

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“Confidential” material may include the following documents and

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“CONFIDENTIAL” MATERIAL

tangible things produced or otherwise exchanged’:

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Information regarding the financial affairs of the defendants
including, without limitation, income, expenses, and bank
account information;

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Information protected by Federal Rule of Civil Procedure 5.2;

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•

Information subject to confidentiality agreements with non

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parties or any pre-existing confidentiality agreements between

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the parties;

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•

Information that qualifies as a “trade secret” pursuant to the law

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of the jurisdiction where the trade secret was created, is stored or

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maintained; and

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•

Commercial information that is treated as confidential by the

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producing party and harm to the producing party’s business

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interests may reasonably result if disclosure is not limited to

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certain individuals in accordance with this Order;

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These enumerated categories do not prejudice any party from challenging a
confidentiality designation pursuant to Section 6 of this Order on the basis
that confidential protection is not warranted, even if the information falls
within one of the enumerated categories.
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the terms of this Order.

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Information appropriately marked as “Confidential” pursuant to

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SCOPE

The protections conferred by this agreement cover not only

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confidential material (as defined above), but also (1) any information copied

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or extracted from confidential material; (2) all copies, excerpts, summaries,

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or compilations of confidential material; and (3) any testimony,

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conversations, or presentations by parties or their counsel that might reveal

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confidential material. However, the protections conferred by this agreement

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do not cover information that is in the public domain or becomes part of the

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public domain through trial or otherwise.

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4.

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ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
4.1

Basic Principles. A receiving party may use confidential

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material that is disclosed or produced by another party or by a non-party in

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connection with this case only for prosecuting, defending, or attempting to

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settle this litigation. Confidential material may be disclosed only to the

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categories of persons and under the conditions described in this agreement.

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Confidential material must be stored and maintained by a receiving party at

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a location and in a secure manner that ensures that access is limited to the

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persons authorized under this agreement.

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4.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

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otherwise ordered by the court or permitted in writing by the designating

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party, a receiving party may disclose any confidential material only to:

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(a)

the receiving party’s counsel of record in this action, as

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well as employees of counsel to whom it is reasonably necessary to disclose

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the information for this litigation;

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(b)

the officers, directors, and employees (including in house

counsel) of the receiving party to whom disclosure is reasonably necessary
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for this litigation, unless the parties agree that a particular document or

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material produced is for Attorney’s Eyes Only and is so designated;
(c)

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experts and consultants to whom disclosure is reasonably

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necessary for this litigation and who have signed the “Acknowledgment and

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Agreement to Be Bound” (Exhibit A);
(d)

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the court, court personnel, and court reporters and their

(e)

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copy or imaging services retained by counsel to assist in

staff;
the duplication of confidential material, provided that counsel for the party

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retaining the copy or imaging service instructs the service not to disclose

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any confidential material to third parties and to immediately return all

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originals and copies of any confidential material;

T-I.

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(f)

during their depositions, withesses in the action to whom

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disclosure is reasonably necessary and who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless

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otherwise agreed by the designating party or ordered by the court. Pages of

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transcribed deposition testimony or exhibits to depositions that reveal

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confidential material must be separately bound by the court reporter and

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may not be disclosed to anyone except as permitted under this agreement;

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(g)

the author or recipient of a document containing the

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information or a custodian or other person who otherwise possessed or

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knew the information;

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(h)

other parties, or counsel of record for other parties, in this

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lawsuit who have stipulated to this Order or whose clients are subject to this

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Order (this exception does not include confidential information or

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statements made or exchanged in connection with a mediation or settlement

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to the extent they are considered privileged or protected from discovery

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under federal or state law); or
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(i)

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a Mediator and the Mediator’s staff or other Dispute

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Resolution professional who signed the “Acknowledgment and Agreement

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to Be Bound” (Exhibit A) in order to conduct a mediation between some or

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all of the parties.
4.3

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Filing Confidential Material. Before filing confidential material

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or discussing or referencing such material in court filings, the filing party

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shall make reasonable effort to confer with the designating party to

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determine whether the designating party will remove the confidential

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designation, whether the document can be redacted, or whether a motion to

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seal or stipulation and proposed order is warranted.

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5.

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DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for

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Protection. Each party or non-party that designates information or items for

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protection under this agreement must take care to limit any such

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designation to specific material that qualifies under the appropriate

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standards. The designating party must designate for protection only those

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parts of material, documents, items, or oral or written communications that

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qualify, so that other portions of the material, documents, items, or

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communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this agreement.

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Mass, indiscriminate, or routinized designations are prohibited.

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Designations that are shown to be clearly unjustified or that have been made

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for an improper purpose (e.g., to unnecessarily encumber or delay the case

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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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If it comes to a designating party’s attention that information or items
that it designated for protection do not qualify for protection, the

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designating party must promptly notify all other parties that it is

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withdrawing the mistaken designation.

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5.2

Manner and Timing of Designations. Except as otherwise

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provided in this agreement (see, e.g., second paragraph of section 5.2(a)

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below), or as otherwise stipulated or ordered, disclosure or discovery

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material that qualifies for protection under this agreement must be clearly so

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designated before or when the material is disclosed or produced.
(a)

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Information in documentary form: (e.g., paper or electronic

documents and deposition exhibits, but excluding transcripts of depositions

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or other pretrial or trial proceedings), the designating party must affix the

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word “CONFIDENTIAL” to each page that contains confidential material. If

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only a portion or portions of the material on a page qualifies for protection,

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the producing party also must clearly identify the protected portion(s) (e.g.,

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by making appropriate markings in the margins).
(b)

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Testimony given in deposition or in other pretrial or trial

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proceedings: the parties must identify on the record, during the deposition,

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hearing, or other proceeding, all protected testimony, without prejudice to

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their right to so designate other testimony after reviewing the transcript.

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Any party or non-party may, within fifteen days after receiving a deposition

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transcript, designate portions of the transcript, or exhibits thereto, as

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confidential.
(c)

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Other tangible items: the producing party must affix in a

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prominent place on the exterior of the container or containers in which the

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information or item is stored the word “CONFIDENTIAL.” If only a portion

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or portions of the information or item warrant protection, the producing

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party, to the extent practicable, shall identify the protected portion(s).

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5.3

Inadvertent Failures to Designate. If timely corrected, an

inadvertent failure to designate qualified information or items does not,
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standing alone, waive the designating party’s right to secure protection

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under this agreement for such material. Upon timely correction of a

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designation, the receiving party must make reasonable efforts to ensure that

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the material is treated in accordance with the provisions of this agreement.

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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

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designation of confidentiality at any time. Unless a prompt challenge to a

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designating party’s confidentiality designation is necessary to avoid

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foreseeable, substantial unfairness, unnecessary economic burdens, or a

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significant disruption or delay of the litigation, a party does not waive its

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right to challenge a confidentiality designation by electing not to mount a

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challenge promptly after the original designation is disclosed.

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6.2

Meet and Confer. The parties must make reasonable effort to

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resolve any dispute regarding confidential designations without court

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involvement. Any motion regarding confidential designations or for a

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protective order must include a certification, in the motion or in a

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declaration or affidavit, that the movant has engaged, or reasonably

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attempted to engage, in a good faith meet and confer conference with other

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affected parties in an effort to resolve the dispute without court action. The

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certification must list the date, manner, and participants to the conference.

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A good faith effort to confer requires a face-to-face meeting or a telephone

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conference.

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6.3

Judicial Intervention. If the parties cannot resolve a challenge

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without court intervention, the designating party may file and serve a

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motion to retain confidentiality. The burden of persuasion in any such

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motion shall be on the designating party. Frivolous challenges, and those

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made for an improper purpose (e.g., to harass or impose unnecessary

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expenses and burdens on other parties) may expose the challenging party to
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sanctions. All parties shall continue to maintain the material in question as

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confidential until the court rules on the challenge.

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7.

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PRODUCED IN OTHER LITIGATION, OR REQUESTED BY ANY NEW

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PARTY TO THIS LITIGATION

PROTECTED MATERIAL SUBPOENAED OR ORDERED

If a party is served with a subpoena or a court order issued in other

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litigation that compels disclosure of any information or items designated in

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this action as “CONFIDENTIAL,” that party must:
(a)

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promptly notify the designating party in writing and include a

copy of the subpoena or court order;
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promptly notify in writing the party who caused the subpoena

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or order to issue in the other litigation that some or all of the material

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covered by the subpoena or order is subject to this agreement. Such

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notification shall include a copy of this agreement; and
(c)

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cooperate with respect to all reasonable procedures sought to be

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pursued by the designating party whose confidential material may be

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affected.
If any additional parties are added into this litigation and they request

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access or copies of CONFIDENTIAL material, those additional parties shall

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be subject to each and every of the restrictions on such CONFIDENTIAL

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information set forth herein.

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8.

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UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

If a receiving party learns that, by inadvertence or otherwise, it has

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disclosed confidential material to any person or in any circumstance not

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authorized under this agreement, the receiving party must immediately (a)

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notify in writing the designating party of the unauthorized disclosures, (b)

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use its best efforts to retrieve all unauthorized copies of the protected

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material, (c) inform the person or persons to whom unauthorized
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disclosures were made of all the terms of this agreement, and (d) request

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that such person or persons execute the “Acknowledgment and Agreement

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to Be Bound” that is attached hereto as Exhibit A.

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OTHERWISE PROTECTED MATERIAL

INADVERTENT PRODUCTION OF PRIVILEGED OR

When a producing party gives notice to receiving parties that certain

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inadvertently produced material is subject to a claim of privilege or other

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protection, the obligations of the receiving parties are those set forth in

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Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended

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to modify whatever procedure may be established in an e-discovery order or

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agreement that provides for production without prior privilege review.

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Parties shall confer on an appropriate non-waiver order under Fed. R. Evid.

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502.

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10.

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NON TERMINATION AND RETURN OF DOCUMENTS

Within 60 days after the termination of this action, including all

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appeals, each receiving party must return all confidential material to the

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producing party, including all copies, extracts and summaries thereof.

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Alternatively, the parties may agree upon appropriate methods of

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destruction.

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Notwithstanding this provision, counsel are entitled to retain one

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archival copy of all documents filed with the court, trial, deposition, and

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hearing transcripts, correspondence, deposition and trial exhibits, expert

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reports, attorney work product, and consultant and expert work product,

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even if such materials contain confidential material.

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Case 2:16-cv-00005-APG-GWF Document 43 Filed 12/14/16 Page 10 of 11

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The confidentiality obligations imposed by this agreement shall

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remain in effect until a designating party agrees otherwise in writing or a

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court orders otherwise.

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DATE: December 14, 2016

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MORRIS LAW GROUP

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REISMAN SOROKAC

By /s/ Ryan M. Lower
Ryan M. Lower, No. 9108
Raleigh C. Thompson, No. 11296
900 Bank of America Plaza
300 South Fourth Street
Las Vegas, Nevada 89101

By /s/ Robert R. Warns, III
Joshua H. Reisman, No. 7152
Glenn M. Machado, No. 7802
Robert R. Warns, III, No. 12123
8965 S. Eastern Avenue #382
Las Vegas, Nevada 89123

James D. Miller (pro hac vice)
BABST, CALLAND, CLEMENTS &
ZOMNIR, P.C.
Two Gateway Center, 6th Floor
Pittsburgh, PA 15222

Phillip A. Vaglica (pro hac vice)
VAGLICA & ASSOCIATES, LLC
6782 Potomac St.
Centennial, Colorado 80112

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Attorney for Defendants
Cooper Castle Law Firm, LLC
d/b/a Cooper Castle Law Firm
LLP, Caren Castle, Lawrence
Castle, and Aaron Waite

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Attorneys for Plaintiff

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ORDER

IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE

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DATE: December 15, 2016

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Case 2:16-cv-00005-APG-GWF Document 43 Filed 12/14/16 Page 11 of 11

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EXHIBIT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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I,

[print or type full name], of
[print or type full address], declare under

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penalty of perjury that I have read in its entirety and understand the

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Stipulated Protective Order that was issued by the United States District

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Court for the District of Nevada in the case of ServiceLink NLS, LLC v. Cooper

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Castle Law Firm, LLC et al., 2:16-cv-00005-APG-GWF. I agree to comply with

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

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sanctions and punishment in the nature of contempt. I solemnly promise

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E

and to be bound by all the terms of this Stipulated Protective Order and I

that I will not disclose in any manner any information or item that is subject

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to this Amended Stipulated Protective Order to any person or entity except

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in strict compliance with the provisions of this Order.

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

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Court for the District of Nevada for the purpose of enforcing the terms of

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this Stipulated Protective Order, even if such enforcement proceedings

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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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