Lucero v. Smith-Palluck Associates Corp.

Filing 19

STIPULATED PROTECTIVE ORDER re 18 Stipulation for Protective Order. Signed by Magistrate Judge Carl W. Hoffman on 12/26/2017. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-01399-JAD-CWH Document 18 Filed 12/22/17 Page 1 of 9

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Michael Kind, Esq. (SBN: 13903)
KAZEROUNI LAW GROUP, APC
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148
Phone: [phone] x7
Fax: [phone]
[e-mail]
Sara Khosroabadi (SBN: 13703)
HYDE & SWIGART
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148
Phone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff David Lucero

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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David Lucero,

Case No. 2:17-cv-01399-JAD-CWH
Plaintiff,

[PROPOSED] STIPULATED
PROTECTIVE ORDER

v.
Smith-Paluck Associates Corp.
d/b/a/ Las Vegas Athletic Clubs,
Defendant.

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IT IS HEREBY STIPULATED by and between Plaintiff David Lucero
(“Plaintiff”) and Defendant Smith-Paluck Associates Corp. d/b/a/ Las Vegas Athletic
Clubs (collectively, the “Parties”), by and through their counsel of record, as follows:
WHEREAS, documents and information have been and may be sought,
produced or exhibited by and among the parties to this action relating to trade secrets,
confidential research, development, technology or other proprietary information

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{00129172;1}_____________________________________________________________________________________________
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PROTECTIVE ORDER

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CASE NO. 2:17-cv-01399-JAD-CWH

Case 2:17-cv-01399-JAD-CWH Document 18 Filed 12/22/17 Page 2 of 9

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belonging to the defendants and/or personal income, credit and other confidential

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information of Plaintiff.
THEREFORE, an Order of this Court protecting such confidential information

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shall be and hereby is made by this Court on the following terms:

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1.

This Order shall govern the use, handling and disclosure of all documents,

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testimony or information produced or given in this action which are designated

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to be subject to this Order in accordance with the terms hereof.

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2.

Any party or non-party producing or filing documents or other materials in this

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action may designate such materials and the information contained therein

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subject to this Order by typing or stamping on the front of the document, or on

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the portion(s) of the document for which confidential treatment is designated,

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“Confidential.”

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3.

To the extent any motions, briefs, pleadings, deposition transcripts, or other

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papers to be filed with the Court incorporate documents or information subject

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to this Order, the party filing such papers shall designate such materials, or

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portions thereof, as “Confidential,” and shall file them with the clerk under seal;

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provided, however, that a copy of such filing having the confidential

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information deleted therefrom may be made part of the public record. Any

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party filing any document under seal must comply with the requirements of

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Local Rules.

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4.

All documents, transcripts, or other materials subject to this Order, and all

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information derived therefrom (including, but not limited to, all testimony,

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deposition, or otherwise, that refers, reflects or otherwise discusses any

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information designated Confidential hereunder), shall not be used, directly or

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indirectly, by any Party, commercial or competitive purposes or for any

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purpose whatsoever other than solely for the preparation and trial of this action

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in accordance with the provisions of this Order.

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{00129172;1}_____________________________________________________________________________________________
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PROTECTIVE ORDER

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Case 2:17-cv-01399-JAD-CWH Document 18 Filed 12/22/17 Page 3 of 9

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5.

All depositions or portions of depositions taken in this action that contain

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confidential information may be designated as “Confidential” and thereby

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obtain the protections accorded other confidential information. The parties shall

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have twenty-one (21) days from the date a deposition is taken, or fourteen (14)

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days from the date a deposition transcript is received, whichever date is greater,

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to serve a notice to all parties designating portions as “Confidential.” Until

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such time, all deposition testimony shall be treated as confidential information.

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To the extent any designations are made on the record during the deposition,

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the designating party need not serve a notice re-designating those portions of

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the transcript as confidential information. Any party may challenge any such

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designation in accordance with Paragraph 14 of this Order.

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6.

Except with the prior written consent of the individual or entity designating a

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document or portions of a document as “Confidential,” or pursuant to prior

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Order after notice, any document, transcript or pleading given “Confidential”

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treatment under this Order, and any information contained in, or derived from

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any such materials (including but not limited to, all deposition testimony that

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refers, reflects or otherwise discusses any information designated confidential

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hereunder) may not be disclosed other than in accordance with this Order and

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may not be disclosed to any person other than: (a) the Court and its officers; (b)

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parties to this litigation; (c) counsel for the parties, whether retained counsel or

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in-house counsel and employees of counsel assigned to assist such counsel in

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the preparation of this litigation; (d) fact witnesses subject to a proffer to the

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Court or a stipulation of the parties that such witnesses need to know such

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information; (e) present or former employees of the producing party in

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connection with their depositions in this action (provided that no former

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employees shall be shown documents prepared after the date of his or her

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departure); and (f) experts specifically retained as consultants or expert

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witnesses in connection with this litigation.
{00129172;1}_____________________________________________________________________________________________
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PROTECTIVE ORDER

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7.

Documents produced pursuant to this Order shall not be made available to any

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person designated in Subparagraph 6 (f) unless he or she shall have first read

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this Order, agreed to be bound by its terms, and signed the attached Declaration

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of Compliance.

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8.

Third parties who are the subject of discovery requests, subpoenas or

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depositions in this case may take advantage of the provisions of this Protective

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Order by providing the parties with written notice that they intend to comply

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with and be bound by the terms of this Protective Order.

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9.

All persons receiving any or all documents produced pursuant to this Order

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shall be advised of their confidential nature. All persons to whom confidential

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information and/or documents are disclosed are hereby enjoined from

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disclosing same to any person except as provided herein, and are further

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enjoined from using same except in the preparation for and trial of the above-

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captioned action between the named parties thereto. No person receiving or

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reviewing such confidential documents, information or transcript shall

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disseminate or disclose them to any person other than those described above in

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Paragraph 6 and for the purposes specified, and in no event, shall such person

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make any other use of such document or transcript.

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10.

or materials designated “Confidential.”

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Nothing in this Order shall prevent a party from using at trial any information

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This Order has been agreed to by the parties to facilitate discovery and the

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production of relevant evidence in this action. Neither the entry of this Order,

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nor the designation of any information, document, or the like as “Confidential,”

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nor the failure to make such designation, shall constitute evidence with respect

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to any issue in this action.

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12.

Inadvertent failure to designate any document, transcript, or other materials

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“Confidential” will not constitute a waiver of an otherwise valid claim of

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confidentiality pursuant to this Order, so long as a claim of confidentiality is
{00129172;1}_____________________________________________________________________________________________
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PROTECTIVE ORDER

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promptly asserted after discovery of the inadvertent failure. If a party

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designates a document as “Confidential” after it was initially produced, the

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receiving party, on notification of the designation, must make a reasonable

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effort to assure that the document is treated in accordance with the provisions

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of this Order, and upon request from the producing party certify that the

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designated documents have been maintained as confidential information.

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13.

Within sixty (60) days after the final termination of this litigation, all

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documents, transcripts, or other materials afforded confidential treatment

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pursuant to this Order, including any extracts, summaries or compilations taken

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therefrom, but excluding any materials which in the good faith judgment of

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counsel are work product materials, shall be returned to the Producing Party.

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In lieu of return, the parties may agree to destroy the documents, to the extent

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practicable.

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In the event that any party to this litigation disagrees at any point in these

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proceedings with any designation made under this Protective Order, the parties

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shall first try to resolve such dispute in good faith on an informal basis. If the

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dispute cannot be resolved, the party objecting to the designation may seek

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appropriate relief from this Court. During the pendency of any challenge to the

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designation of a document or information, the designated document or

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information shall continue to be treated as “Confidential” subject to the

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provisions of this Protective Order. The designating party shall have the burden

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of proving that any document designated as CONFIDENTIAL is entitled to

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such protection.

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15.

Nothing herein shall affect or restrict the rights of any party with respect to its

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own documents or to the information obtained or developed independently of

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documents, transcripts and materials afforded confidential treatment pursuant

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to this Order.

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{00129172;1}_____________________________________________________________________________________________
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PROTECTIVE ORDER

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16.

The Court retains the right to allow disclosure of any subject covered by this

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stipulation or to modify this stipulation at any time in the interest of justice.

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IT IS SO STIPULATED.

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DATED this 22nd day of December 2017.
KAZEROUNI LAW GROUP, APC
By: /s/ Michael Kind
Michael Kind, Esq.
6069 S. Fort Apache Rd., Ste 100
Las Vegas, NV 89148
Attorneys for Plaintiff
KLEIN MOYNIHAN TURCO LLP

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By: /s/ Neil E. Asnen
Neil Asnen, Esq. (admitted pro hac vice)
450 Seventh Avenue, 40th Floor
New York, NY 10123

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LEAVITT LAW FIRM

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Dennis M. Leavitt, Esq.
Frank A. Leavitt, Esq.
229 Las Vegas Blvd. S.
Las Vegas, NV 89101
Attorneys for Defendant

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IT IS SO ORDERED:

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______________________________________
UNITED STATES MAGISTRATE JUDGE

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December 26, 2017

DATED:____________________________

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{00129172;1}_____________________________________________________________________________________________
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PROTECTIVE ORDER

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CASE NO. 2:17-cv-01399-JAD-CWH

Case 2:17-cv-01399-JAD-CWH Document 18 Filed 12/22/17 Page 7 of 9

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EXHIBIT A

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DECLARATION OF COMPLIANCE

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I, _____________________________________, declare as follows:

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1.

My address is ______________________________.

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2.

My present employer is _______________________________

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______________________.
3.

My present occupation or job description is ________________

______________________.
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I have received a copy of the Stipulated Protective Order entered

in this action on _______________, 20___.
5.

I have carefully read and understand the provisions of this

Stipulated Protective Order.
6.

I will comply with all provisions of this Stipulated Protective

Order.
7.

I will hold in confidence, and will not disclose to anyone not

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qualified under the Stipulated Protective Order, any information, documents

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or other materials produced subject to this Stipulated Protective Order.

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8.

I will use such information, documents or other materials

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produced subject to this Stipulated Protective Order only for purposes of this

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present action.

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9.

Upon termination of this action, or upon request, I will return and

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deliver all information, documents or other materials produced subject to this

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Stipulated Protective Order, and all documents or things which I have

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prepared relating to the information, documents or other materials that are

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subject to the Stipulated Protective Order, to my counsel in this action, or to

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counsel for the party by whom I am employed or retained or from whom I

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received the documents.

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{00129172;1}_____________________________________________________________________________________________
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PROTECTIVE ORDER

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10.

I hereby submit to the jurisdiction of this Court for the purposes of

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enforcing the Stipulated Protective Order in this action. I declare under penalty of

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perjury under the laws of the United States that the following is true and correct.

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Executed this ____ day of _____________, 2017 at __________________.

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Signature:

Firm:

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Name:

Address:

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Position:

Phone:

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{00129172;1}_____________________________________________________________________________________________
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PROTECTIVE ORDER

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Case 2:17-cv-01399-JAD-CWH Document 18 Filed 12/22/17 Page 9 of 9

CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on December 22, 2017, the foregoing Stipulated
Protective Order was served via CM/ECF to all parties appearing in this case.

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KAZEROUNI LAW GROUP, APC

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By: /s/ Michael Kind
Michael Kind, Esq.
6069 S. Fort Apache Rd., Ste. 100
Las Vegas, NV 89148

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{00129172;1}_____________________________________________________________________________________________
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PROTECTIVE ORDER

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CASE NO. 2:17-cv-01399-JAD-CWH