Securities & Exchange Commission v. Hemp, Inc. et al

Filing 50

ORDER Granting 46 Joint Stipulation for Protective Order. Signed by Magistrate Judge Peggy A. Leen on 10/24/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01413-JAD-PAL Document 46 Filed 10/18/16 Page 1 of 5

Amy J. Oliver (Utah #8785) (admitted pro hac vice)
[e-mail]
Daniel J. Wadley (Utah #10358) (admitted pro hac vice)
[e-mail]
James J. Thibodeau (Utah #15473) (admitted pro hac vice)
[e-mail]
Attorneys for Plaintiff
Securities and Exchange Commission
Salt Lake Regional Office
351 South West Temple
Suite 6.100
Salt Lake City, UT 84101-1950
Tel.: [phone]
Fax: [phone]

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.
HEMP, INC. a Colorado Corporation;
Case No. 2:16-cv-1413 JAD-PAL
BRUCE J. PERLOWIN, an individual; BARRY
K. EPLING, an individual; JED M. PERLOWIN,
JOINT STIPULATION FOR
an individual; FERRIS HOLDING, INC., a private PROTECTIVE ORDER
Nevada Corporation; HOBBES EQUITIES INC., a
private Nevada Corporation; DIVERSIFIED
INVESTMENTS LLC, a private Nevada Limited
Liability Company; and QUANTUM ECONOMIC
PROTOCOLS LLC, a private Nevada Limited
Liability Company.
Defendants.

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Case 2:16-cv-01413-JAD-PAL Document 46 Filed 10/18/16 Page 2 of 5

WHEREAS, disclosure and discovery activity in the action entitled SEC v. Hemp, Inc., et
al., 2:16-cv-1413 JAD-PAL, currently pending in the United States District Court, District of
Nevada, will likely involve production of confidential, proprietary, and/or personally identifiable
information for which protection from use for any purpose other than prosecuting or defending
this litigation is warranted.
ACCORDINGLY, Plaintiff Securities and Exchange Commission (the “Commission”)
and Defendants Hemp, Inc., Bruce J. Perlowin, Barry K. Epling, Jed M. Perlowin, Ferris
Holding, Inc., Hobbes Equities, Inc., Diversified Investments, LLC, and Quantum Economic
Protocols, LLC, through their respective counsel, hereby stipulate to and petition the Court to
enter the following Stipulated Protective Order.
1.

DEFINITIONS

1.1

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

consultants, retained experts, and support staff.
1.2

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

generated, stored, or maintained (including, among other things, Fed. R. Civ. Proc. 26
disclosures, testimony, transcripts, or tangible things) produced by a Party in discovery in the
course of this litigation, whether voluntarily or in response to a request for production of
documents pursuant to Fed R. Civ. Proc. 34, that are not otherwise publicly available.
1.3

Receiving Party: a Party that receives Discovery Material from a Producing

1.4

Producing Party: a Party that produces Discovery Material in this action.

Party.

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2.

SCOPE

The protection conferred by this Joint Stipulation For Protective Order covers not only
Discovery Material (as defined above), but also any information copied or extracted there from,
as well as all copies, excerpts, summaries, or compilations thereof that might reveal Discovery
Material. The Parties agree to stamp or otherwise mark Discovery Material with the term
“Confidential”.
3.

DURATION

Even after termination of this litigation, the confidentiality obligations imposed by this
Joint Stipulation For Protective Order shall remain in effect until a Producing Party agrees
otherwise in writing or a court order otherwise directs.
4.

ACCESS TO AND USE OF DISCLOSURE OR DISCOVERY MATERIAL

4.1

The Parties agree not to disclose Discovery Material received from a Producing

Party, other than for purposes related to this litigation.
4.2

The Parties agree that Discovery Material received from a Producing Party may

be used for purposes related to this litigation, including use in depositions in this litigation, use in
connection with expert witnesses and consultants, and may be submitted and/or referenced in
filings and arguments made to the Court in this case.
4.3

Nothing in this Joint Stipulation For Protective Order shall alter the Parties’

obligations under Federal Rule of Civil Procedure 5.2.
4.4

The Parties agree that no Party shall disclose Discovery Material for purposes not

related to this litigation, including disseminating or disclosing Discovery Material to the media,
making such information available to the public and/or posting such information on the internet.
Notwithstanding this paragraph, nothing in this Joint Stipulation For Protective Order shall

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Case 2:16-cv-01413-JAD-PAL Document 46 Filed 10/18/16 Page 4 of 5

restrict the dissemination of any document which is publicly available by virtue of being filed
with the Court in the course of this litigation.
4.5

The Parties agree to redact personally identifiable information from all Discovery

Material electronically filed with the Court in this case as required by LR IC 6-l. The Parties
may file Discovery Material with the Court under seal as permitted by LR IA 10-5.
4.6

Disclosure of “Disclosure or Discovery Material” by the Commission.

Notwithstanding the above paragraphs, nothing in this Joint Stipulation For Protective Order
shall be construed to limit or otherwise abrogate the Commission’s ability to makes its files
available as described in the “Routine Uses of Information” section of SEC Form 1662, a copy
of which is attached hereto as Exhibit A, or to comply with any other statutory obligation. The
Commission may disclose Discovery Material in a manner consistent with the “Routine Uses of
Information” section of SEC Form 1662 or to comply with any other statutory or regulatory
obligation without notifying or seeking permission from the Producing Party.

IT IS SO STIPULATED.

Dated: October 18, 2016

s/Amy J. Oliver
Amy J. Oliver
Daniel J. Wadley
James J. Thibodeau
Attorneys for Plaintiff
Securities and Exchange Commission

Dated: October 18, 2016

s/Jonathan D. Bletzacker
Brent R. Baker
Jonathan D. Bletzacker
Attorney for Jed Perlowin, Diversified Investments
LLC, Quantum Economic Protocols LLC

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Dated: October 18, 2016

s/ Timothy J. Coley
Thomas A. Sporkin
Timothy J. Coley
Attorney for Bruce Perlowin, Hemp Inc., Barry
Epling, Ferris Holding, Inc., Hobbes Equities Inc.

IT IS SO ORDERED.

______________________________
HONORABLE PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE
October 24, 2016
DATED: ______________________

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