Tekce v. Autonation Inc.

Filing 19

PROTECTIVE ORDER. Signed by Magistrate Judge Cam Ferenbach on 10/2/2017. (Copies have been distributed pursuant to the NEF - SLD)

1
2
3
4
5
6
7
8

PATRICK H. HICKS, ESQ., Bar # 004632
TIMOTHY W. ROEHRS, ESQ., Bar # 9668
LITTLER MENDELSON, P.C.
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
Telephone:
702.862.8800
Fax No.:
702.862.8811
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
JRJ INVESTMENTS, INC. d/b/a AUTONATION VOLKSWAGEN
LAS VEGAS
UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11
12
13
14
15
16

CIHAT TEKCE, individually,

Case No. 2:17-cv-01449-JAD-VCF

Plaintiff,
vs.

STIPULATED PROTECTIVE ORDER

JRJ INVESTMENTS, INC. d/b/a
AUTONATION VOLKSWAGEN LAS
VEGAS, a Nevada corporation,
Defendant.

17
18

Plaintiff CIHAT TEKCE and Defendant JRJ INVESTMENTS, INC. d/b/a AUTONATION

19

VOLKSWAGEN LAS VEGAS, by and through their undersigned counsel, hereby stipulate that in

20

order to protect the confidentiality of confidential information obtained by the parties in connection

21

with this case, the parties agree as follows:

22

1.

Any party may designate as “confidential” (by stamping the relevant page or labeling

23

the item or as otherwise set forth herein) any item, document or response to discovery, which that

24

party considers in good faith to contain information involving: personal and confidential information

25

of third-parties or non-parties; trade secrets; or sensitive and/or confidential business or financial

26

information of the parties, subject to protection under the Federal Rules of Civil Procedure or

27

Nevada law (“Confidential Information”). Where a document or response consists of more than one

28

page, the first page and each page on which confidential information appears shall be so designated.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

1

2.

A party may designate documents, items, or information disclosed during a

2

deposition, in response to written discovery as “confidential” by so indicating in said response or on

3

the record at the deposition and requesting the preparation of a separate transcript of such material.

4

Additionally a party may designate in writing, within twenty (20) days after receipt of said responses

5

or of the deposition transcript for which the designation is proposed, that specific pages of the

6

transcript and/or specific responses be treated as “confidential” information. Any other party may

7

object to such proposal, in writing or on the record. Upon such objection, the parties shall follow the

8

procedures described in paragraph 8 below. After any designation made according to the procedure

9

set forth in this paragraph, the designated documents or information shall be treated according to the

10

designation until the matter is resolved according to the procedures described in paragraph 8 below,

11

and counsel for all parties shall be responsible for making all previously unmarked copies of the

12

designated material in their possession or control with the specified designation.

13

3.

All Confidential Information produced or exchanged in the course of this case (other

14

than information that is publicly available) shall be used by the party to whom the information is

15

produced solely for the purpose of this case.

16

4.

Except with the prior written consent of other parties, or upon prior order of this

17

Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to

18

any person other than:

19
20

(a)

counsel for the respective parties to this litigation, including in-house counsel

and co-counsel retained for this litigation;

21

(b)

employees of such counsel;

22

(c)

any officer or employee of a party, to the extent deemed necessary by Counsel

23
24

for the prosecution or defense of this litigation;
(d)

consultants or expert witnesses retained for the prosecution or defense of this

25

litigation, provided that each such person shall execute a copy of the Certification annexed to this

26

Order as Exhibit “A” (which shall be retained by counsel to the party so disclosing the Confidential

27

Information and made available for inspection by opposing counsel during the pendency or after the

28

termination of the action only upon good cause shown and upon order of the Court) before being
2.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

1

shown or given any Confidential Information;

2

(e)

any authors or recipients of the Confidential Information;

3

(f)

the Court, Court personnel, and court reporters; and

4

(g)

witnesses (other than persons described in paragraph 4(e)). A witness shall

5

sign the Exhibit A Certification before being shown a confidential document.

6

Information may be disclosed to a witness who will not sign the Certification only in a deposition at

7

which the party who designated the Confidential Information is represented or has been given notice

8

that Confidential Information shall be designated “Confidential” pursuant to paragraph 2 above.

9

Witnesses shown Confidential Information shall not be allowed to retain copies.

10

5.

Confidential

Any persons receiving Confidential Information shall not reveal or discuss such

11

information to or with any person who is not entitled to receive such information, except as set forth

12

herein.

13

6.

A party seeking to file a document with Confidential Information under seal must file

14

a motion to seal that complies with the requirements of LR IA 10-5 and the directives set forth in

15

Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006).

16

7.

A party may designate as “Confidential” documents or discovery materials produced

17

by a non-party by providing written notice to all parties of the relevant document numbers or other

18

identification within thirty (30) days after receiving such documents or discovery materials. Any

19

party may voluntarily disclose to others without restriction any information designated by that party

20

as confidential, although a document may lose its confidential status if it is made public.

21

8.

If a party contends that any material is not entitled to confidential treatment, such

22

party may at any time give written notice to the party who designated the material. The party who

23

designated the material shall have twenty-five (25) days from the receipt of such written notice to

24

apply to the Court for an order designating the material as confidential. The party seeking the order

25

has the burden of establishing that the document is entitled to protection.

26

9.

Notwithstanding any challenge to the designation of material as Confidential

27

Information, all documents or items shall be treated as such and shall be subject to the provisions

28

hereof unless and until one of the following occurs:
3.

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

1
2

(a)

the party that claims that the material is Confidential Information withdraws

such designation in writing; or

3

(b)

the party that claims that the material is Confidential Information fails to

4

apply to the Court for an order designating the material confidential within the time period specified

5

above after receipt of a written challenge to such designation; or

6

(c)

7

10.

the Court rules the material is not confidential.

All provisions of this Order restricting the communication or use of Confidential

8

Information shall continue to be binding after the conclusion of this action, unless otherwise agreed

9

or ordered. Upon conclusion of the litigation, a party in the possession of Confidential Information,

10

other than that which is contained in pleadings, correspondence, and deposition transcripts, shall

11

either (a) return such documents or items no later than thirty (30) days after conclusion of this action

12

to counsel for the party who provided such information, or (b) destroy such documents within the

13

time period upon consent of the party who provided the information and certify in writing within

14

thirty (30) days that the documents have been destroyed.

15

11.

The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use

16

of documents at trial.

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///

LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

4.

1

12.

Nothing herein shall be deemed to waive any applicable privilege or work product

2

protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material

3

protected by privilege or work product protection.

4

Dated: October 2, 2017

Dated: October 2, 2017

5

Respectfully submitted,

Respectfully submitted,

/s/ Stephen G. Clough
JOSEPH A. GUTIERREZ, ESQ.
STEPHEN G. CLOUGH, ESQ.
MAIER GUTIERREZ & ASSOCIATES

/s/ Timothy W. Roehrs
PATRICK H. HICKS, ESQ.
TIMOTHY W. ROEHRS, ESQ.
LITTLER MENDELSON, P.C.

Attorneys for Plaintiff
CIHAT TEKCE

Attorneys for Defendant
JRJ INVESTMENTS, INC. d/b/a AUTONATION
VOLKSWAGEN LAS VEGAS

6
7
8
9
10
11
12

ORDER

13

IT IS SO ORDERED.

14

October 2
Dated: _____________________, 2017.

15
16
17

_______________________________________
Cam Ferenbach
United States Magistrate Judge

18
19

Firmwide:150270558.1 025300.2056

20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

5.

1

EXHIBIT A

2

CERTIFICATION

3

I hereby certify my understanding that Confidential Information is being provided to

4

me pursuant to the terms and restrictions of the Protective Order in CIHAT TEKCE v. JRJ

5

INVESTMENTS, INC. d/b/a AUTONATION VOLKSWAGEN LAS VEGAS, Case No. 2:17-cv-

6

01449-JAD-VCF. I have been given a copy of that Order and read it. I agree to be bound

7

by the Order. I will not reveal the Confidential Information to anyone, except as allowed

8

by the Order. I will maintain all such Confidential Information – including copies, notes, or

9

other transcriptions made therefrom – in a secure manner to prevent unauthorized access

10

to it. No later than thirty (30) days after the conclusion of this action, I will return the

11

Confidential Information – including copies, notes or other transcriptions made therefrom –

12

to the counsel who provided me with the Confidential Information. I hereby consent to the

13

jurisdiction of the United States District Court for the purpose of enforcing the Protective

14

Order.

15
16
17
18
19
20
21
22
23
24
25
26
27
28
LITTLER MENDELSON, P.C.
ATTORNEYS AT LAW
3960 Howard Hughes Parkway
Suite 300
Las Vegas, NV 89169-5937
702.862.8800

DATED: _________________________

Firmwide:150271268.1 025300.2056

___________________________________