AC Media Group, LLC et al v. Sprocket Media, Inc. et al
Filing
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ORDER Granting 19 Stipulated Protective Order and Confidentiality Agreement. Signed by Magistrate Judge George Foley, Jr on 2/16/17. (Copies have been distributed pursuant to the NEF - MR)
Case 2:16-cv-02145-APG-GWF Document 19 Filed 02/15/17 Page 1 of 9
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Patrick Byrne, Esq.
Nevada Bar No. 7636
Michael Paretti, Esq.
Nevada Bar No. 13926
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: (702) 784-5200
Email: pbyrne@swlaw.com
mparetti@swlaw.com
Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
Snell & Wilmer
L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0
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AC MEDIA GROUP, LLC, a Nevada limited
liability corporation; and CREEL PRINTING
& PUBLISHING CO., INC., a Nevada
corporation;
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Plaintiffs,
Case No.
2:16-cv-02145-APG-GWF
Judge Andrew P. Gordon
Magistrate Judge George W. Foley
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v.
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SPROCKET MEDIA INC., a foreign
corporation; and KYLE H.
WALKENHORST, an individual,
STIPULATED PROTECTIVE ORDER
AND CONFIDENTIALITY
AGREEMENT
Defendants.
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WHEREAS, Plaintiffs AC Media Group, LLC and Creel Printing & Publishing Co., Inc.
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(collectively “Plaintiffs”) and Defendants Sprocket Media Inc. and Kyle H. Walkenhorst
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(collectively “Defendants”) (individually, the “Party,” and collectively, the “Parties”) recognize
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that, pursuant to discovery or otherwise during the course of the lawsuit between Plaintiffs and
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Defendants (“this Action”), the Parties may be required to disclose financial information, trade
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secrets, or other confidential and proprietary information within the meaning of Fed. R. Civ. P.
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26(c);
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Case 2:16-cv-02145-APG-GWF Document 19 Filed 02/15/17 Page 2 of 9
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WHEREAS the Parties, through Counsel, have stipulated to this Stipulated Protective
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Order and Confidentiality Agreement (“Protective Order”) pursuant to Fed. R. Civ. P. 26(c) to
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prevent disclosure of such confidential and proprietary information; and
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WHEREAS the Parties agree that this Protective Order shall be effective and binding
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throughout all proceedings relating to this Action, and shall apply to all discovery in this Action,
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including discovery of non-parties, who shall be entitled to designate documents or testimony in
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accordance with this Protective Order.
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IT IS ORDERED AS FOLLOWS:
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1.
All information that has been provided by the Parties in the course of this
Snell & Wilmer
Action or will be produced by the Parties in the course of this Action shall be used solely for the
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L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0
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purpose of preparation and trial of this Action and for no other purpose whatsoever, and shall not
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be disclosed to any person except in accordance with the terms of this Protective Order.
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2.
A Party or Parties who are producing, using or disclosing (“Producing
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Party”) information or documents (as defined by Fed. R. Civ. P. 34(a)) or any summaries or
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compilations derived there from, including but not limited to productions of documents, answers
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to interrogatories, responses to requests for admissions, deposition testimony, exhibits, and all
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other discovery, regardless of format (“Discovery Material”) may designate the Discovery
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Material produced, used or disclosed in connection with this Action as “CONFIDENTIAL,”
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subject to the protections and requirements of this Protective Order, if so designated in writing to
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the other Parties by affixing, or causing to be affixed, such designation to any document or piece
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of information, or orally if recorded as part of a deposition, pursuant to the terms of this
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Protective Order. The Parties are in the process of discussing the use of a “CONFIDENTIAL
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ATTORNEYS’ EYES ONLY” designation. The Parties reserve the right to submit an amended
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stipulated protective order and confidentiality agreement or submit briefing regarding an
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Attorneys’ Eyes Only designation at a later date.
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3.
Any Discovery Material designated as “CONFIDENTIAL” shall be
maintained as confidential, not to be disclosed, and shall be used by the Party or Parties receiving
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Case 2:16-cv-02145-APG-GWF Document 19 Filed 02/15/17 Page 3 of 9
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such Discovery Material (“Receiving Party”) solely in connection with this Action and shall not
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be disclosed to anyone other than:
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A.
The Court, including court personnel, any court exercising appellate
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jurisdiction over this Action, and stenographers transcribing a
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deposition;
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B.
Employees for a Receiving Party to whom it is necessary that the
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material be shown for purposes of this Action and who have signed
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a Declaration in the form of Exhibit A attached;
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C.
Outside counsel of record who are signatories to this Protective
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Order for a Receiving Party and employees of such attorneys and
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LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0
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law firms to whom it is necessary that the material be shown for
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purposes of this Action;
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D.
Independent technical experts, consultants, investigators, or
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advisors of a Receiving Party, who are qualified by knowledge,
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skill, experience, training or education and retained by outside
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counsel to assist in the preparation or trial of this Action and to
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whom it is necessary that the information be disclosed, and who
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have signed a Declaration in the form of Exhibit A attached;
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E.
Document contractors, electronic discovery contractors, exhibit
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contractors, graphic art contractors and jury consultants who are
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engaged by outside counsel to assist in the preparation or trial of
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this Action and to whom it is necessary that the material be shown
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for purposes of this Action, and who have signed a Declaration in
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the form of Exhibit A attached; and
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F.
Potential witnesses to the extent the Discovery Material was
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authored by or addressed to the person or such person is established
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Case 2:16-cv-02145-APG-GWF Document 19 Filed 02/15/17 Page 4 of 9
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as knowledgeable of such information or contents of the Discovery
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Material prior to disclosing the Discovery Material.
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4.
In the case of a document or thing, a designation of “CONFIDENTIAL”
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shall be accomplished by marking every page of the document or conspicuously marking the
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thing with the appropriate legend “CONFIDENTIAL” in a manner that shall not interfere with the
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legibility of the information contained in the Discovery Material.
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5.
As set forth in this paragraph and its subparts, information conveyed or
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discussed in testimony at a deposition shall be subject to this Protective Order, provided that it is
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designated as “CONFIDENTIAL” orally or in writing either at the time of the deposition or after
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LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0
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receipt by the Parties of the transcript, as provided in this Protective Order.
A.
For
such
time
as
any
Discovery
Material
designated
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“CONFIDENTIAL” are disclosed in a deposition, the Party whose
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information or document is to be disclosed shall have the right to
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exclude from attendance at that portion of the deposition any person
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who is not entitled to receive such information or document
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pursuant to this Protective Order.
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B.
In the event that a party believes that “CONFIDENTIAL”
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information will be disclosed during a deposition, counsel for the
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Party may designate on the record that all or specific portions of the
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deposition transcript, and the information contained therein, is to be
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treated as “CONFIDENTIAL”
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C.
If not orally designated during a deposition, a Party shall have
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seven (7) days after receiving a copy of the deposition transcript in
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which to designate all or specific portions of the transcript as
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“CONFIDENTIAL,” as appropriate. If, within such seven (7) days,
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no
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“CONFIDENTIAL,” all Parties shall be permitted to use such
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portions of the transcript and the information contained therein with
Party
designates
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portions
of
the
transcript
as
Case 2:16-cv-02145-APG-GWF Document 19 Filed 02/15/17 Page 5 of 9
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no restrictions of confidentiality except as otherwise required by
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this Protective Order.
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6.
In the case of expert reports, if any Discovery Material designated
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“CONFIDENTIAL” pursuant to this Protective Order is specifically identified in, paraphrased, or
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attached to an expert’s report, the report shall be marked on its cover as “CONFIDENTIAL,” the
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portion of the report reflecting such information shall be stamped “CONFIDENTIAL,” and
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access to the portion so designated shall be limited pursuant to the terms of this Protective Order.
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The Party retaining the expert shall be responsible for the initial stamping of such report.
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7.
All “CONFIDENTIAL” Discovery Material in any affidavits, motions,
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briefs, memoranda, or other papers filed with any court shall be designated as
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L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0
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“CONFIDENTIAL” and filed under seal, with an affidavit explaining, in general terms, the
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information that is protected. In the event that any “CONFIDENTIAL” Discovery Material is
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filed, included in, or referred to in any paper filed with the Court, counsel responsible for such
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filing shall notify the Clerk of the Court in accordance with the Court’s procedures at the time of
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filing that such paper contains “CONFIDENTIAL” Discovery Material protected by this Order,
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and shall notify the other Parties of the confidential nature of the filing. The Clerk of the Court
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shall keep such “CONFIDENTIAL” Discovery Material under seal until further order of the
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Court; provided, however, that access to such Discovery Material filed with the Court shall be
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afforded to the Court and to counsel of record in this matter.
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8.
Nothing in this Protective Order shall be construed to restrict the use or
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disclosure of “CONFIDENTIAL” Discovery Material at trial or any other court proceeding;
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provided, however, that the use or disclosure of “CONFIDENTIAL” Discovery Material at trial
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or any other court proceeding shall be addressed by this Court at the appropriate time. Counsel
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for the Parties agree to confer in good faith about procedures for handling Discovery Material
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designated “CONFIDENTIAL” during trial or any hearing in open Court of this action, including
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the possibility of an additional order.
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9.
Nothing shall be designated as “CONFIDENTIAL” if it is information that:
A.
is in the public domain at the time of disclosure;
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Case 2:16-cv-02145-APG-GWF Document 19 Filed 02/15/17 Page 6 of 9
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B.
becomes part of the public domain through no action or fault of the
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other Parties, the Receiving Party, or counsel, or any expert, or
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other person to whom disclosure is permitted pursuant to this
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Protective Order;
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C.
was in the rightful and lawful possession of the Receiving Party at
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the time of disclosure on a non-confidential basis from a source
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other than the Producing Party, provided that such source is not
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bound by a confidentiality agreement with the Producing Party; or
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D.
is lawfully received by the Receiving Party at a later date from a
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Party without restriction as to disclosure, provided such Party has
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L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0
10
the right to make the disclosure to the Receiving Party.
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10.
The failure of a producing party to designate Discovery Material as
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“CONFIDENTIAL” in accordance with this Protective Order, and the failure of a Receiving
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Party to object to such a designation, shall not preclude the Party at a later time from
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subsequently designating or objecting to the designation of such Discovery Material as
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“CONFIDENTIAL.” The Parties understand and acknowledge that a Producing Party's failure to
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designate Discovery Material as “CONFIDENTIAL” at or within the time specified in this
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Protective Order relieves the other Parties of any obligation of confidentiality until the
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designation is actually made.
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Unless otherwise permitted, within ninety (90) days after the conclusion of
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this lawsuit, including all appeals there from, all documents designated as “CONFIDENTIAL,”
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all copies of documents designated as “CONFIDENTIAL,” and all excerpts there from in the
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possession, custody or control of the Receiving Parties, and their experts, investigators, advisors,
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or consultants shall be destroyed or returned to counsel for the Producing Party. However,
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outside counsel may retain pleadings, attorney and consultant work product, and depositions for
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archival purposes only; those materials shall not be disclosed to anyone. Upon request, a Party
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and its counsel shall separately provide written certification to the Producing Party that the
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actions required by this paragraph have been completed.
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Case 2:16-cv-02145-APG-GWF Document 19 Filed 02/15/17 Page 7 of 9
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12.
Notwithstanding anything in this Protective Order to the contrary, the
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confidentiality obligations of this Protective Order shall not prohibit the disclosure by any Party
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of any Discovery Material required to be disclosed by any law, regulation, order, or rule of any
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governmental authority; provided, however, that if a Party is required to disclose the Discovery
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Material designated as confidential pursuant to any law, regulation, order or rule of any
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governmental authority, the Party shall give immediate advance written notice of any such
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requested disclosure to the counsel of the other Party or Parties to afford the original Producing
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Party the opportunity to seek legal protection from the disclosure of such Discovery Material.
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13.
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This Protective Order shall be without prejudice to the right of any Party:
A.
to have determined by motion, at any time, whether any Discovery
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LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0
11
Material has been improperly designated as “CONFIDENTIAL,” in
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which event, the Party asserting confidentiality shall have the
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burden of establishing the confidentiality of the Discovery Material;
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and
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B.
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to apply to the Court for relief from any of the requirements of this
Protective Order, for good cause.
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14.
The attorneys of record for the respective Receiving Parties shall retain the
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original, executed Declarations (in the form of Exhibit A attached) that have been executed by
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any person to whom Discovery Material designated as “CONFIDENTIAL,” pursuant to this
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Protective Order.
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15.
If discovery is sought of a person or entity not a party to this Action
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(“Third Party”) requiring disclosure of such Third Party's information that may properly be
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designated
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“CONFIDENTIAL,” and it will be accorded the same protection as the Parties’
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“CONFIDENTIAL” information.
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16.
“CONFIDENTIAL,”
the
Third
Party
may
designate
such
information
In the event that any Discovery Material designated as “CONFIDENTIAL”
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is disclosed, through inadvertence or otherwise, to any person not authorized under this Protective
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Order, then the Party who disclosed the Discovery Material (“Disclosing Party”) shall use its best
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Case 2:16-cv-02145-APG-GWF Document 19 Filed 02/15/17 Page 8 of 9
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efforts to bind such person to the terms of this Protective Order; and the Disclosing Party shall
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(a) promptly inform such person of all the provisions of this Protective Order; (b) identify such
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person immediately to the Party or Third Party that designated the document as
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“CONFIDENTIAL”; and (c) request such person to sign a Declaration in the form of Exhibit A.
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The executed Declaration shall be promptly served upon the Party or Third Party designating the
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Discovery Material as “CONFIDENTIAL.”
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17.
All references to “days” in this Protective Order shall be construed
pursuant to the provisions of Fed. R. Civ. P. 6.
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18.
This Protective Order may be executed in any number of counterparts, all
Snell & Wilmer
of which, upon complete execution thereof by the Parties, collectively shall be deemed to be the
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L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0
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original.
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19.
The Parties agree to abide by and be bound by the terms of this Protective
Order upon signature as if the Protective Order had been entered on that date.
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Written notice provided under this Protective Order shall be by way of
regular U.S. mail and electronic mail, with a copy to all counsel of record.
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The Court shall retain jurisdiction over the Parties for the purpose of
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ensuring compliance with this Protective Order and granting such amendments, modifications,
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and additions to this Protective Order and such other and further relief as may be necessary, and
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any Party may apply to the Court at any time for an amendment, modification, or addition to this
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Protective Order. This Protective Order shall survive the final disposition of this Action, by
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judgment, dismissal, settlement, or otherwise.
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22.
The Parties may, by stipulation, provide for exceptions to this Protective
Order and any Party may seek an order of this Court modifying this Protective Order.
16th
SO ORDERED this _____ day of February, 2017.
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_______________________
UNITED STATES DISTRICT JUDGE
STATES MAGISTRATE JUDGE
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Case 2:16-cv-02145-APG-GWF Document 19 Filed 02/15/17 Page 9 of 9
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RESPECTFULLY SUBMITTED,
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/s/ Michael Paretti
Patrick G. Byrne (Nevada #7636)
Michael Paretti (Nevada #13926)
3883 Howard Hughes Parkway
Suite 1100
Las Vegas, Nevada 89169
Telephone: (702) 784-5201
Facsimilie: (702) 784-5252
Email: pbyrne@swlaw.com
mparetti@swlaw.com
/s/ Justin Karczag
Justin P. Karczag (Nevada # 12414)
111201 S. Eastern Ave.,
Suite 100
Henderson, Nevada 89052
Telephone: (714) 556-1700
Facsimilie: (714) 546-5005
jkarczag@foleybezek.com
Attorneys for Plaintiffs
AC Media Group, LLC and Creel Printing &
Publishing Co., Inc.
Attorneys for Defendants Sprocket Media Inc.,
and Kyle H. Walkenhorst
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Snell & Wilmer
L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEV ADA 89 169
(702)784-520 0
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