Westgate LVH, LLC v. Trustees of the Nevada Resort Association - IATSE Local 720 Pension Trust

Filing 20

PROTECTIVE ORDER. Signed by Magistrate Judge Nancy J. Koppe on 10/11/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 2 3 4 5 6 7 8 9 10 VINCENT J. AIELLO, ESQ. Nevada Bar No. 007970 GREENSPOON MARDER, P.A. 3993 Howard Hughes Parkway Ste. 400 Las Vegas, Nevada 89169 Direct Dial (702) 978-4255 Direct Fax: (954) 333-4285 E-Mail: vincent.aiello@gmlaw.com ANTHONY L. MARTIN, ESQ. Nevada Bar No. 008177 OGLETREE DEAKINS NASH SMOAK & STEWART, P.C. 3800 Howard Hughes Parkway Ste. 1500 Las Vegas, Nevada 89169 Telephone (702) 369-6800 Facsimile (702) 369-6888 E-Mail: anthony.martin@ogletree.com GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 12 Attorneys for Plaintiff Westgate LVH, LLC 13 14 UNITED STATES DISTRICT COURT 15 DISTRICT OF NEVADA 16 17 WESTGATE LVH, LLC, 18 19 CASE NO.: 2:17-cv-01731-RFB-NJK Plaintiff, STIPULATED PROTECTIVE ORDER PURSUANT TO FRCP 26(a)1 vs. 20 21 22 23 TRUSTEES OF THE NEVADA RESOIRT ASSOCIATION, INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES (I.A.T.S.E.) LOCAL 720 PENSION TRUST, 24 Defendants. 25 26 27 Plaintiff, WESTGATE LVH, LLC (“Westgate”), by and through their attorneys of record, Vincent J. Aiello, Esq., of GREENSPOON MARDER, P.A. (“Plaintiff”), and TRUSTEES OF THE 28 1 31986446v1 1 NEVADA RESOIRT ASSOCIATION, INTERNATIONAL ALLIANCE OF THEATRICAL 2 STAGE EMPLOYEES (I.A.T.S.E.) LOCAL 720 PENSION TRUST (collectively referred to as 3 “Defendants”) hereby request the Court enter the following Stipulated Protective Order. This 4 Stipulation is brought pursuant to and in compliance with Local Rule 7-1. 5 The parties are expected to request confidential, non-public information and documents 6 from each other, including but not limited to, attorney-client privileged information, proprietary 7 information, trade-secrets, business operations, account and financial records, non-public business 8 records, and other information and documents regarding certain individuals, who are not, and are 9 not expected to be, individual parties to this action. The parties consider this information and these 10 GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 12 13 14 documents to be private, confidential and privileged from any disclosure. Discovery in this case will most likely require the production of documents, the answering of Interrogatories and Requests for Admission, and the taking of oral and/or written depositions, during which the aforementioned attorney client privileged information, proprietary, trade secret, confidential and/or private information and documents of the parties will be exchanged and 15 disclosed. To facilitate the prompt resolution of disputes over confidentiality and to adequately 16 17 18 19 20 21 protect material entitled to remain privileged and be kept confidential, the parties agree to limit the disclosure and use of attorney client privileged information, confidential, and private information and documents pursuant to this Stipulated Protective Order entered in the above captioned-action on the following terms: DEFINITIONS 22 The following definitions shall apply to this Stipulated Protective Order: 23 A. The “Action” shall refer to in the instant litigation originally filed in the United 24 States District Court for the District of Nevada, Case No.: 2:17-cv-01731-RFB-NJK, and any appeal 25 thereof through final determination. The “Action” does not refer to any “related case” unless 26 ordered by this Court. 27 28 B. “Producing Party” shall mean any person or entity producing documents, information or other materials in the Action, including any Party to the Action or any third parties. 2 31986446v1 1 2 3 C. “Party” or “Parties” shall mean the Plaintiff and Defendants in this Action, and any other person that may become a named Party to the Action. D. “Confidential” information means any information or material that is designated as 4 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEY CLIENT PRIVILEGED” or 5 “OUTSIDE ATTORNEYS’ EYES ONLY” as provided for in this Order. Confidential information 6 7 8 9 shall be defined as such documents, deposition testimony or other information disclosed during discovery in the Action which the Producing Party or another Party reasonably and in good faith contends contains information that should be protected from disclosure pursuant to this Stipulated Protective Order. Any Party may designate any information or documents as Confidential in the 10 reasonable exercise of such Party’s sole discretion; provided, however, by agreeing to this GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 12 13 14 15 16 Stipulated Protective Order, no Party waives the right to challenge any other Party’s designation of any information or document as Confidential. Confidential information may include, but is not limited to, documents, deposition and other testimony, and interrogatory answers as they relate to any non-public financial, trade and/or proprietary information concerning Plaintiff, Defendants and any and all of their affiliates, predecessors, successors, assigns, agents, contractors and attorneys; 17 documents relating to Defendants’ clients, applicants, and prospective clients and applicants 18 (including client complaints and contact information), budgetary information, business plans, 19 strategy and marketing, salary information, pricing information, and agreements with employees 20 and non-parties. 21 E. “Legend” as used herein shall mean a stamp or similar insignia stating 22 “CONFIDENTIAL” “HIGHLY CONFIDENTIAL – ATTORNEY CLIENT PRIVILEGED” or 23 “OUTSIDE ATTORNEYS’ EYES ONLY”. 24 25 26 27 F. When reference is made in this Stipulated Protective Order to any document or Party, the singular shall include the plural, and plural shall include the singular. G. “Outside Counsel” means (i) outside attorneys who appear on the pleadings or docket for the Action as counsel-of-record for a Party, (ii) partners and associates of the law firms 28 3 31986446v1 1 of such attorneys to whom it is reasonably necessary to disclose Confidential information for the 2 Action and who receive Confidential information. 3 4 5 6 7 8 9 H. I. “Outside Attorneys’ Eyes Only” shall mean only to be reviewed by Outside Counsel. DESIGNATION OF INFORMATION AND DOCUMENTS When any document or thing produced under this Stipulated Protective Order is designated as CONFIDENTIAL, HIGHLY CONFIDENTIAL – ATTORNEY CLIENT PRIVILEGED or OUTSIDE ATTORNEYS’ EYES ONLY, a Legend shall be affixed to the first page and all pages containing information for which the Producing Party seeks protection. When information produced in answer to an Interrogatory, or response to a Request for Production or Request for 10 Admission is designated as CONFIDENTIAL, the response or answer shall be preceded with the GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 12 13 14 15 16 appropriate designation. A Producing Party may designate documents, information or material as CONFIDENTIAL, HIGHLY CONFIDENTIAL – ATTORNEY CLIENT PRIVILEGED or OUTSIDE ATTORNEYS’ EYES ONLY, only upon a good faith belief that the documents, information, or material contains material that is Confidential as defined in Section I., D. above. 17 The initial failure to designate information or documents as CONFIDENTIAL in accordance 18 with this Stipulated Protective Order shall not preclude the Producing Party from, at a later date, 19 designating any information or documents as CONFIDENTIAL. The Producing Party may, by 20 written notice to counsel of record for the receiving Party, designate previously produced 21 information or documents as CONFIDENTIAL, which it had inadvertently failed to designate. 22 Upon receipt of such notice, the receiving Party shall promptly mark its copies of the information or 23 documents so designated, and shall, thereafter, treat the information and documents as if it had been 24 designated CONFIDENTIAL and shall restrict the disclosure or use of the information or 25 documents in accordance with this Stipulated Protective Order. If the information or documents 26 have previously been disclosed to non-parties, the Parties shall take reasonable steps to obtain all 27 such previously disclosed information or documents and advise the non-parties to treat the 28 4 31986446v1 1 designated materials in a manner that is consistent with this Stipulated Protective Order and as 2 though the information and documents were originally so designated. 3 II. LIMITATIONS 4 This Stipulated Protective Order shall govern documents, testimony, information and 5 materials generated or produced in response to any method of discovery conducted by any Party to 6 the Action, and used in the prosecution and defense of the Action. 7 8 9 Persons obtaining access to CONFIDENTIAL information under this Stipulated Protective Order shall use the information only for the preparation of and the trial in the Action. Persons shall not use such information for any other purpose, including business, commercial, personal, 10 administrative or judicial proceedings. GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 Nothing in this Stipulated Protective Order shall restrict in any way the use or disclosure by 12 13 14 15 16 a Party of information (a) that is or has become publicly known through no fault of the receiving Party; (b) that is lawfully acquired by or known to the receiving Party independent of the Producing Party; or (c) prior to entry of this Stipulated Protective Order was previously produced, disclosed, and/or provided by the Producing Party or a non-party without an obligation of confidentiality and 17 not by inadvertence or mistake. 18 III. PERMISSIBLE DISCLOSURES/ACCESS 19 Except as set forth herein, Confidential information, and any facts or information contained 20 therein or derived therefrom, shall be disclosed only to the Court on the condition that the Court 21 enters an order similar to this Stipulated Protective Order and/or to: (a) the Parties in the Action, 22 including their officers, directors and employees, but only to the extent that such disclosure is 23 necessary for the conduct of litigation in the Action; (b) Outside Counsel for the Parties hereto and 24 their agents, employees, paralegals, or other secretarial and clerical employees; (c) experts, 25 independent contractors, consultants, or advisors who are employed or retained by, or on behalf of, 26 one or more of the Parties to the Action or their Outside Counsel to assist in preparation of the 27 Action for trial; (d) deponents and their counsel who have a need to review this material during the 28 5 31986446v1 1 course of, or in connection with, depositions taken in or for the Action; (e) stenographic reporters 2 who are involved in depositions, the trial or any hearings or proceedings before the Court in the 3 Action; (f) people who have previously received or created the document; and (g) witnesses in the 4 Action who need to review this material in connection with their testimony in the Action. 5 Confidential information may be disclosed to persons listed in this paragraph only after such person 6 7 8 9 has been shown a copy of this Stipulated Protective Order and agrees to be bound by the terms of this Stipulated Protective Order. IV. DECLASSIFICATION Unless and until otherwise ordered by the Court, or otherwise agreed by the Parties, all 10 documents and other discovery materials designated CONFIDENTIAL, HIGHLY GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 12 13 14 15 16 CONFIDENTIAL – ATTORNEY CLIENT PRIVILEGED or OUTSIDE ATTORNEYS’ EYES ONLY in accordance with Section I., D above, shall be treated as such under this Stipulated Protective Order. In the event that any Party objects to the designation of any document, the objecting Party may seek modification of the designation or the disclosure of the redacted information in accordance with the following procedure: 17 At any time, the receiving Party of any document or information designated 18 CONFIDENTIAL may notify the Producing Party, in writing, that the receiving Party does not 19 concur in the designation or redaction. 20 informally. In the event that such attempts are not successful, the receiving Party may file a motion 21 seeking to remove the designation as CONFIDENTIAL, and the Court shall make an independent 22 determination as to whether or not any given document or information is Confidential and/or 23 properly redacted based upon facts then existing, and in so doing, the Court shall not be bound by 24 any Party’s designation; provided, however, that such documents or discovery material shall be 25 deemed Confidential unless and until the Court rules otherwise. The Party or entity making the 26 designation must show that there is good cause for the document or information to have such 27 protection. The Parties shall attempt to resolve such challenges 28 6 31986446v1 1 V. DESIGNATED INFORMATION AND DOCUMENTS IN DEPOSITIONS 2 In the case where Confidential information or documents are used or revealed during a 3 deposition or if a deponent is asked about or shown documents that have been designated as 4 CONFIDENTIAL, under this Stipulated Protective Order, designation of the transcript or any 5 portion thereof, including the designated documents or other exhibits, as, CONFIDENTIAL, 6 7 8 9 HIGHLY CONFIDENTIAL – ATTORNEY CLIENT PRIVILEGED or OUTSIDE ATTORNEYS’ EYES ONLY, may be made by a statement by a Party, counsel or the witness on the record either during or after conclusion of the deposition. The stenographer transcribing the deposition shall be instructed to affix a Legend to the cover page and all appropriate pages of the transcript, “This 10 transcript portion contains information subject to a Stipulated Protective Order and shall be used GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 12 only in accordance therewith.” A Party or a witness may designate a deposition or trial transcript, or a portion thereof, 13 14 15 16 disclosing, containing or referring to any Confidential information or documents as CONFIDENTIAL, HIGHLY CONFIDENTIAL – ATTORNEY CLIENT PRIVILEGED or OUTSIDE ATTORNEYS’ EYES ONLY by informing counsel for all other Parties to this Action in 17 writing within thirty (30) days after receipt of the transcript as to the specific pages and lines 18 deemed Confidential, and thereafter such pages and lines shall constitute Confidential information 19 or documents pursuant to this Stipulated Protective Order. Upon receipt of such notice, any Party in 20 possession of copies of the transcript with the designated pages and lines shall affix the appropriate 21 Legend thereto. During the 30-day interval following receipt of a transcript, the transcript shall be 22 treated as Confidential. 23 VI. DESIGNATED INFORMATION AND DOCUMENTS IN BRIEFS 24 In the event that any Confidential document or information, or information derived 25 therefrom is included with, or the contents thereof are disclosed in any documents filed with the 26 Clerk of this Court or any other court, including, without limitation, any pleadings, motion papers, 27 briefs or deposition transcripts, such documents shall be filed under seal subject to the provisions of 28 7 31986446v1 1 LR IA 10-5 until further order of the Court. The filing party shall be responsible for informing the 2 Clerk of the Court that the filing should be sealed and for placing the legend, pursuant to LR IA 10- 3 See order issued SEAL PURSUANT TO 5, “FILED UNDERconcurrently herewith. THE STIPULATED PROTECTIVE ORDER DATED 4 ______________” above the caption and conspicuously on each page of the filing. Exhibits to a 5 filing shall conform to the labeling requirements set forth in this Stipulated Protective Order. The 6 7 8 9 Party who has designated such materials as Confidential information shall, within 10 days after the filing of the document under seal, submit a motion to the Court making the showing required under Kamakana v. City and County of Honolulu, 447 F.3d 172 (9th Cir. 2006) and Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092 (9th Cir. 2016) to sustain the sealed status of such 10 materials. When filings are made under seal, the parties agree to file through the Court’s Electronic GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 12 13 14 15 16 Case Filing Procedures redacted versions of such filings with any Protected Material removed. In complying with this requirement, the parties shall exercise good faith in redacting Confidential information of other parties. VII. DESIGNATED INFORMATION AND DOCUMENTS IN THE RECORD OF THE ACTION 17 Confidential information or documents may be offered in evidence at any hearing or the trial 18 in the Action, provided that the Parties have met, conferred and agreed in advance of the hearing 19 and/or trial as to how the information or documents will be used, including, by way of example, 20 requesting that the Court designate that portion of the transcript containing the Parties’ discussion of 21 the Confidential information or documents as Confidential and maintain it under seal, only to be 22 produced to the Parties’ at their request. If the Parties cannot agree about how the information or 23 24 25 26 documents will be used during a hearing, before or at the time of the hearing, the Party designating such Confidential status may move the Court for an order that the evidence be received in camera or under other conditions to prevent unnecessary disclosure. If such a motion is made regarding evidence to be introduced at the time of trial, then the Party designating such Confidential status 27 shall notify opposing counsel and the Court of its intent to make the motion sufficiently in advance 28 8 31986446v1 1 of and outside the presence of the jury so that counsel has the opportunity to object to the evidence 2 and/or an opportunity to seek appropriate protection from the Court outside the presence of the jury 3 and before the information or documents are offered into evidence in open court. The Court will 4 then determine whether the proffered evidence should continue to be treated as Confidential and, if 5 so, what protection, if any, may be afforded to such information at the hearing. 6 VIII. SUBPOENA BY COURT OR OTHER AGENCIES 7 8 9 If at any time any document or information protected by this Stipulated Protective Order is subpoenaed by any court, administrative or legislative body, or is requested by any other person or entity purporting to have authority to require the production of such information, the Party to whom 10 the subpoena or other request is directed shall immediately give written notice thereof to any Party GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 12 13 14 15 16 which has designated such information Confidential. The Party that received the subpoena shall object to production under Rule 45 of the Federal Rules of Civil Procedure, or any similar rule protecting the production of Confidential documents in that proceeding. After receipt of the notice specified under this paragraph, the designating Party shall be responsible for obtaining any order it believes necessary to prevent disclosure of documents designated, and the Party to whom the 17 referenced subpoena or other request is directed shall produce such document or information only 18 upon an order issued by a judge of a court of competent jurisdiction requiring such production. 19 IX. CLIENT CONSULTATION 20 Nothing in this Stipulated Protective Order shall prevent or otherwise restrict counsel from 21 rendering advice to their clients and, in the course thereof, relying generally on examination of 22 stamped Confidential information or documents; provided, however, that in rendering such advice 23 and otherwise communicating with such clients, counsel shall not make specific disclosure of any 24 items so designated except pursuant to the procedures in Paragraph IV above. 25 X. COPIES OF DESIGNATED INFORMATION 26 Outside Counsel are responsible for employing reasonable measures, consistent with this 27 Stipulated Protective Order, to control duplication of, access to, and distribution of copies of 28 9 31986446v1 1 Confidential information. Parties shall not duplicate Confidential information or documents except 2 working copies and for filing in Court under seal. All copies of any Confidential information or 3 documents shall be treated as provided in this Stipulated Protective Order. Any Party making, or 4 causing to be made, copies of any such documents shall make certain that each such copy bears the 5 appropriate Legend pursuant to the requirements of this Stipulated Protective Order. 6 XI. 7 8 9 ADDITIONAL RESTRICTIONS FOR CONFIDENTIAL INFORMATION MARKED “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” For Confidential information designated “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY”, the Parties agree that additional restrictions should apply. 10 A. If a Producing Party wishes to waive or otherwise reduce the restrictions set forth GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 12 13 14 15 below on the production of Confidential information designated “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY”, it may do so by agreement in writing with the receiving Party. B. Access to Confidential information designated “HIGHLY CONFIDENTIAL – 16 OUTSIDE ATTORNEYS’ EYES ONLY” shall be limited to Outside Counsel retained for the 17 purpose of the Actions. A receiving Party may include excerpts of the Confidential information in a 18 pleading, exhibit, expert report, discovery document, deposition transcript, or other Court document 19 (hereinafter “Court Document” or “Court Documents”), provided that the Court Documents are 20 appropriately marked under this Stipulated Protective Order, restricted to those who are entitled to 21 have access to them as specified herein, and, if filed with the Court, filed under seal in accordance 22 with the Court’s rules, procedures and orders. 23 C. The receiving Party may only include excerpts of Confidential information 24 designated “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” that are 25 reasonably necessary for the purposes for which such part of the Confidential information is used in 26 27 any Court Documents. To the extent portions of the Confidential information are quoted in a Court Document, either: (1) the entire Court Document will be stamped and treated as “HIGHLY 28 10 31986446v1 1 CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” or (2) those pages containing quoted 2 Confidential information will be separately stamped and treated as “HIGHLY CONFIDENTIAL – 3 OUTSIDE ATTORNEYS’ EYES ONLY”. 4 XII. 5 6 7 8 9 NO WAIVER Neither the provisions of this Stipulated Protective Order nor any disclosure by any Party pursuant hereto shall constitute a waiver of any attorney-client, work product or joint defense/common interest privilege, including the protections afforded by any applicable Rules of Federal Civil Procedure, the Rules of Professional Conduct, or by common law. The terms and provisions of this Stipulated Protective Order shall not be deemed or interpreted to require the 10 disclosure or production by any party hereto of any documents or information otherwise subject to a GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 12 13 14 15 16 valid claim of attorney-client, work product, or other privilege or protection against disclosure in discovery. No Confidential information or documents shall lose such status under this Stipulated Protective Order as the result of the use of such information or documents in any hearing, trial, or other court proceeding in this Action, provided that such use is consistent with the terms of this 17 Stipulated Protective Order. Counsel to the Parties in the Action shall confer at least five (5) days 18 before any such hearing, trial, or other court proceeding in order to work out any objections to the 19 use of any Confidential information or documents in such court proceeding and to make such 20 amendments to this Stipulated Protective Order which the Parties agree are necessary to assure the 21 continued confidentiality of such information. 22 Notwithstanding anything to the contrary contained herein, all objections as to admissibility 23 in evidence of the discovery material subject to this Stipulated Protective Order are reserved and are 24 not waived by any terms of this Stipulated Protective Order. The use of Confidential information 25 and documents as evidence at trial shall be subject to this Stipulated Protective Order unless 26 otherwise agreed to by the Parties or modified by the Court. 27 28 11 31986446v1 1 2 The inadvertent disclosure of Confidential information and documents shall not, under any circumstances, be deemed a waiver, in whole or in part, of any Party’s claims of confidentiality. 3 The inadvertent production of any document or other information during discovery in the 4 Action shall be without prejudice to any claim that such material is privileged, prohibited or 5 protected from disclosure as privileged or work product, and no Party shall be held to have waived 6 7 8 9 any rights by reason of such inadvertent production. XIII. INADVERTENT PRODUCTION OF PRIVILEGED MATERIALS A. Inadvertent production of privileged material shall be dealt with in accordance with Fed. R. Civ. P. 26(b)(5). The inadvertent production of information that is subject to a claim of any 10 privilege or other protection as trial-preparation material shall not constitute a waiver of any GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 12 13 14 15 16 privilege or protection, provided that – consistent with the provisions of Fed. R. Civ. P. 26(b)(5) – the Producing Party notifies the receiving Party in writing of the inadvertent production as soon as practicable following the Producing Party’s discovery of the inadvertent production. B. Following the Producing Party’s written notice of the inadvertent production, the receiving Party shall promptly return, destroy, or delete from its databases all copies of the specified 17 information, not rely upon or make use of the inadvertently produced materials and shall make 18 reasonable efforts to retrieve the information if the receiving Party previously provided the 19 information to third parties. 20 C. The receiving Party shall not assert a claim or argument in this or any other court or 21 legal proceeding that the Producing Party’s act of inadvertently producing the information 22 constituted a waiver of the Producing Party’s privilege or other protection over the information. 23 D. If there is a disagreement as to whether the specified information is privileged or 24 subject to protection, the Producing Party may present the information under seal to the Court for a 25 determination. Until the Court makes a determination of the privileged or protected status of the 26 information, the receiving Party shall not use in any way (including, but not limited to, using the 27 information in depositions or at trial) nor disclose the information to other Parties. 28 12 31986446v1 1 2 XV. NON-TERMINATION A. The termination of proceedings in the Action shall not relieve the Parties from the 3 obligation of maintaining the confidentiality of all information and documents produced and 4 designated pursuant to this Stipulated Protective Order, unless the Parties otherwise agree or the 5 Court orders or permits otherwise. Upon the final disposition of the Action, all information and 6 7 8 9 documents, including any summaries or abstracts of materials, however maintained, shall be kept completely confidential. Outside Counsel for either Party may use the Confidential information and documents only for the purpose of defending ethical charges or professional malpractice charges, and may not use Confidential information or documents in any subsequent lawsuit. 10 B. Within 30 days of the final conclusion of this litigation, including appeals, if GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 12 13 14 15 16 requested in writing by the party designating the documents as Confidential Documents, the party seeking disclosure shall return all Confidential Documents, and any copies, abstracts or summaries thereof, to the disclosing party’s attorney of record, or certify in writing to the disclosing party’s attorney, that they have been destroyed. C. This Court shall have jurisdiction over the parties hereto with respect to any dispute 17 concerning the enforcement or interpretation of this Stipulated Protective Order and the use of the 18 Stipulated Protective Order. 19 20 21 22 IT IS SO STIPULATED. Dated: October 5, 2017 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 23 By: /s/ Anthony L. Martin______ 24 Anthony L. Martin Nevada Bar No. 08177 25 anthony.martin@ogletree.com Erica Chee 26 Nevada Bar No.012238 27 erica.chee@ogletree.com Tullio Marchionne 28 Nevada Bar No. 04684 BROWNSTEIN HYATT FARBER SCHRECK By: /s/ _Christopher M. Humes Adam P. Segal, Esq. Nevada Bar No. 6120 Christopher M. Humes, Esq. Nevada Bar No. 12782 100 North City Parkway, Suite 1600 Las Vegas, Nevada 89106 Email: asegal@bhfs.com Email: chumes@bhfs.com Attorney for Defendants 13 31986446v1 1 2 tullio.marchionne@ogletree.com 3800 Howard Hughes Pkwy, Suite 1500 Las Vegas, Nevada 89169 3 4 5 6 7 By: /s/ Russell S. Buhite Russell (Russ) S. Buhite (PRO HAC VICE) russell.buhite@ogletree.com 800 Fifth Avenue, Suite 4100 Seattle, Washington 98104 GREENSPOON MARDER, P.A. 8 9 10 GREENSPOON MARDER 3993 Howard Hughes Parkway Suite 400 Las Vegas, Nevada 89169 Tel: (702) 978-4255 Fax: (954) 333-4014 11 12 13 By: /s/ _Vincent J. Aiello Vincent J. Aiello Nevada Bar No. 007970 vincent.aiello@gmlaw.com 3993 Howard Hughes Parkway Ste. 400 Las Vegas, Nevada 89169 Attorney for Plaintiff Westgate LVH, LLC 14 15 16 ORDER 17 18 19 IT IS SO ORDERED: IT IS SO ORDERED. Dated: October 11, 2017 20 21 22 ____________________________________________ UNITED STATES DISTRICT JUDGE NEVADA DISTRICT CASE NO.: 2:17-CV-01731-RFB-NJK __________________________________ Nancy J. Koppe DATED: ____________________________________ JUDGE UNITED STATES MAGISTRATE 23 24 25 26 27 28 14 31986446v1

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