H&H Pharmaceuticals, LLC v. Cambrex Charles City, Inc. et al

Filing 37

ORDER granting 36 Stipulation to Amend 21 Confidentiality and Protective Order. Signed by Magistrate Judge Cam Ferenbach on 11/1/2018. (Copies have been distributed pursuant to the NEF - MMM)

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TAMARA BEATTY PETERSON, ESQ., Bar No. 5218
[e-mail]
NIKKI L. BAKER, ESQ., Bar No. 6562
[e-mail]
BENJAMIN K. REITZ, ESQ., Bar No. 13233
[e-mail]
PETERSON BAKER, PLLC
10001 Park Run Drive
Las Vegas, NV 89145
Telephone: [phone]
Facsimile: 702.786.1002

Attorneys for Defendants Cambrex Charles City, Inc. and
Cambrex North Brunswick, Inc.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
H&H PHARMACEUTICALS, LLC, a
Nevada limited liability company,

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10001 Park Run Driv e
Las Veg as, NV 8914 5
702.786.1001

PETERSON BAKER, PLLC

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Plaintiff,

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v.

Case No.: 2:16-cv-02946-RFB-VCF

STIPULATION AND ORDER TO AMEND
CONFIDENTIALITY AND PROTECTIVE
ORDER [ECF NO. 21]

CAMBREX CHARLES CITY, INC.
AND/OR CAMBREX NORTH
BRUNSWICK, INC.; DOES I through X;
and ROE CORPORATIONS XI through
XX, inclusive,
Defendants.

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Defendants Cambrex Charles City, Inc., and Cambrex North Brunswick, Inc., (collectively,

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"Cambrex"), by and through its counsel of record, Peterson Baker, PLLC, and Plaintiff H&H

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Pharmaceuticals, LLC ("H&H"), by and through its counsel of record, Maier Gutierrez &

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Associates, hereby stipulate and agree, subject to this Court's approval, that the Confidentiality and

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Protective Order [ECF No. 21] dated August 30, 2017, be amended to permit the parties to produce

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to each other confidential, proprietary, and trade secret information (the "HIGHLY

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CONFIDENTIAL INFORMATION") under a heightened confidentiality standard that restricts

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access to the produced information to outside attorneys and outside experts, and prohibits the

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employees, officers, or owners of Cambrex and H&H from viewing the opposing party's HIGHLY

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CONFIDENTIAL INFORMATION. The parties stipulate and agree as follows:

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1.

On September 10, 2018, H&H served interrogatories and requests for production of

documents on Cambrex (the "H&H Discovery Requests").

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2.

On October 16, 2018, and beyond, the parties met and conferred regarding

Cambrex's objections to the H&H Discovery Requests. Cambrex has identified specific concerns

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regarding the disclosure of confidential, proprietary and trade secret information ("HIGHLY

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CONFIDENTIAL INFORMATION") to the employees, officers, and/or owners of H&H, a

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potential competitor. See, e.g., Phillips v. General Motors Corp., 307 F. 3d 1206, 1211 (9th Cir.

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2003); Am. Heavy Moving & Rigging Co. v. Robb Techs., L.L.C., No. 2:04CV00933-JCM(GWF),

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2006 WL 2085407, at *3 (D. Nev. July 25, 2006); Advanced Semiconductor Prods., Inc. v. Tau

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Laboratories, Inc., 3 Fed.R.Serv.3d 1389, 229 U.S.P.Q. 222, 224 (N.D. Cal. 1986); Everco Indus.

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v. O.E.M. Prods. Co., 362 F. Supp. 204, 206, 179 U.S.P.Q. 834, 835 (N.D. Ill. 1973).

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10001 Park Run Driv e
Las Veg as, NV 8914 5
702.786.1001

PETERSON BAKER, PLLC

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3.

Cambrex has identified further concerns about disclosing this HIGHLY

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CONFIDENTIAL INFORMATION to H&H in light of the questionable admissibility of this

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information at trial pursuant to NRS 49.325. See also FRE 501.

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4.

Cambrex desires to comply with the H&H Discovery Requests. Given the very

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sensitive nature of the HIGHLY CONFIDENTIAL INFORMATION, Cambrex desires, and H&H

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does not object, to produce the information under an amended protective order which restricts

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access to the HIGHLY CONFIDENTIAL INFORMATION to H&H's outside attorneys and experts

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in this case, and further prohibits H&H's employees, officers, agents and/or owners from viewing

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or otherwise accessing the HIGHLY CONFIDENTIAL INFORMATION.

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5.

By producing in discovery HIGHLY CONFIDENTIAL INFORMATION, the

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parties do not waive any privilege created by NRS 49.325, and do not waive any arguments as to

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the admissibility of any material so designated.

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6.

The HIGHLY CONFIDENTIAL INFORMATION shall not be used at any

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deposition, or otherwise disclosed to any persons, other than those permitted by this stipulation and

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order, except as permitted by further order of the Court.

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…

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WHEREFORE, the parties respectfully request that this Court enter an Order amending the
Confidentiality and Protective Order [ECF No. 21], to include the following provisions:

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a.

The term "HIGHLY CONFIDENTIAL INFORMATION" is Confidential

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Information or Items (as defined in ECF No. 21) to which access is restricted to

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Outside Counsel (as defined in ECF No. 21) and Experts (as defined in ECF No.

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21), provided that such Expert is not a current employee of a direct competitor of a

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party named in this action, and provided that such Expert has complied with Section

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VI(2)(c) of the Confidentiality and Protective Order [ECF No. 21];

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b.

The employees, officers, agents and/or owners of each party are not

INFORMATION.

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10001 Park Run Driv e
Las Veg as, NV 8914 5
702.786.1001

permitted

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PETERSON BAKER, PLLC

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c.

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CONFIDENTIAL INFORMATION.

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d.

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Order covers not only Protected Material, but also any information copied or

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extracted therefrom, as well as all copies excerpts, summaries, or compilations

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thereof, testimony, conversations, or presentations by Parties or Counsel to or in

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Court or in other settings that might reveal Protected Material.

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e.

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documentary form, including in written responses to discovery requests, the

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Producing Party shall affix the legend "HIGHLY CONFIDENTAL –

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ATTORNEYS' AND EXPERTS' EYES ONLY" on each page that contains the

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HIGHLY CONFIDENTIAL INFORMATION.

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f.

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conflict with the original Confidentiality and Protective Order [ECF No. 21], this

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Amended Confidentiality and Protective Order shall apply.

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view

the

opposing

party's

HIGHLY

CONFIDENTIAL

The term "Protected Material" is revised to include any HIGHLY

The protection conferred by this Amended Confidentiality and Protective

To

designate

HIGHLY

CONFIDENTIAL

INFORMATION

in

Where the terms of this Amended Confidentiality and Protective Order

…

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to

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Dated this 31st day of October, 2018.
PETERSON BAKER, PLLC

MAIER GUTIERREZ & ASSOCIATES

By: /s/ Tamara Beatty Peterson___________
TAMARA BEATTY PETERSON, ESQ.
Nevada Bar No. 5218
[e-mail]
NIKKI L. BAKER, ESQ.
Nevada Bar No. 6562
[e-mail]
BENJAMIN K. REITZ, ESQ.,
Nevada Bar No. 13233
[e-mail]
10001 Park Run Drive
Las Vegas, NV 89145
Telephone: [phone]
Facsimile: 702.786.1002

By: /s/ Stephen G. Clough_______________
JOSEPH A. GUTIERREZ, ESQ.
Nevada Bar No. 9046
[e-mail]
STEPHEN G. CLOUGH, ESQ.
Nevada Bar No. 10549
[e-mail]
8816 Spanish Ridge Avenue
Las Vegas, Nevada 89148
Telephone: [phone]
Facsimile: 702.629.7925

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10001 Park Run Driv e
Las Veg as, NV 8914 5
702.786.1001

PETERSON BAKER, PLLC

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Attorneys for Plaintiff H&H Pharmaceuticals,
LLC

Attorneys for Defendants Cambrex Charles
City, Inc. and Cambrex North Brunswick, Inc.

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IT IS SO ORDERED.
_________________________________________
UNITED STATES MAGISTRATE JUDGE
11-1-2018
Dated: ______________

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