Heath v. Tristar Products, Inc.

Filing 34

PROTECTIVE ORDER. Signed by Magistrate Judge Peggy A. Leen on 6/6/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-02869-GMN-PAL Document 33 Filed 05/24/18 Page 1 of 11

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Vaughn A. Crawford
Nevada Bar No. 7665
Alexandria L. Layton
Nevada Bar No. 14228

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SNELL & WILMER I.I.p.

4

3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169

5

Telephone : [phone]
Facsimile: [phone]
Email

:

[e-mail] m

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Email: alayton@swlaw. com

7

Att orneys

for Defendant

Trist ar P roduct s, Inc.

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LTNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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TAWNDRA L. HEATH, an individual,

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No. 2:17 -Iv-02869-GMN-PAL

Plaintiff

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Case

STIPULATED PROTECTIVE ORDER

VS

TRISTAR PRODUCTS, INC.,

A

Pennsylvania corporation; ZFIONGSFIAN

JINGUANG HOUSEHOLD APPUANCE
MANUFACTURE CO., LTD., a foreþn
corporation; DOE Individuals 1 - 10; and
ROE Corporations Il - 20;
Defendants.

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18

Upon agreement of the parties to the above-captioned action and this Honorable Cornt to

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theentryofaprotectiveorder,andduetothe likelihoodthatdiscoveryandreliefsoughtinthis

20

action ('Action") by Plaintiff will require production of certain confidential, personral, private,

2I

proprietary, commercial financiaf business, trade secret andlor otherwise sensitive information,

22

and due

23

and ordered as follows:

24

//t

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28

///

to the need to protect the confidentiality of such informatio4 it is agreed by the parties

Case 2:17-cv-02869-GMN-PAL Document 33 Filed 05/24/18 Page 2 of 11

1

1.

Scope.

(a)

2

Confidential Informotion:

All documents,

informatior¡ elechonically

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rpon trade secrets, proprietary, confidential, privileged, private, personaf sensitive, commercial,

6

financial

7

CONFIDENTIAL and furnished to the parties pursuant to the terms of this Stþulated Protective

8

Order ("Order"). The party receiving the Confidential Information shall treat

9

information and shall not use or disclose the information except as set forth in this Order. The

10

provisions of this Order extend to all Confidential Information regardless of the manner in which

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conjunction with this Actior¡ which

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stored informatior¡ testimony, or other things furnished by Tristar Products, Inc. ("Tristar') in

it is disclosed, including but not limited to documents,

it

designated

as proprietary

interrogatory answers, responses to

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materials and tangible things that are produced, made available for inspectior¡ disclosed, or filed

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be

requests

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br¡siness information ('Confidential Information') may

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or

it corsiders in good åith to contain, reflect, or comment

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for admissior¡ deposition transcrþts, deposition exhibits, and any other discovery

in this Actior¡ inchding any copies, notes, abstracts, or sumrnaries of the foregoing materials.

No documents shall be designated or remain 'Confidential" that: (a) at the time of
disclosure hereunder are

in the public domain; or (b) become available to the public after

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disclosure hereunder tlnough no åult of the receiving party; or (c) are in the possession of the

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receiving party prior to discloswe hereunder, as evidenced by competent evidence; or (d) are

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disclosed to the receiving party by a third party that has an independent right to disclose such

20

information.

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23

24
25

26
27
28

2.

Designation of Confidentiality: Documents or information may be designated

CONFIDENIAL within the meaning ofthis Order

in the following ways:

Case 2:17-cv-02869-GMN-PAL Document 33 Filed 05/24/18 Page 3 of 11

(a)

1

Documents: In the case of documents and the information contained

2

therei4 designation shall be made by means of the following legend placed on each page of any

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such document: 'CONFIDENTIAL"

4

ORDER" or something similar thereto.

(b)

5

or 'CONFIDENTIAL

Other Discovery'.

In the case of

- SUBJECT TO PROTECTIVE

interrogatory answers, responses to

6
7

the front of any set of intenogatory answers or responses to requests for admission containing

10

Confidential Information: 'CONTAINS CONFIDENTIAL INFORMATION. Designated parts

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specific parts thereof are designated CONFIDENTIAL. The following legend shall be placed on

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means

8

:

requests for admissiors and the information contained therein, designation shall be made by

not to be used, copied or disclosed except as atrthoriæd by

of a statement in the

(c)

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answers

or responses specifying that the answers or responses or

Couf Order."

Depositions: In the case of depositions and the information contained in

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depositions (including exhibits), designation

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which contain Confidential Information shall be made by a statement to such ef[ect on the record

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in the course of the deposition by coursel for the party or witness producing such informatior¡ or

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by letter from counsel to the court reporter, with copies to Counsel of Record, within thirty (30)

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days

18

beyond the provisional period, a Designating Party must designate specific pages and lines

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deposition testimony before the provisional period has e4pired. The entire deposition transcript

20

(including exhibits) shall be treated as Confidential under this Order until the e4piration of the

2l

above-referenced thirty-day period for designation by letter, except that the deponent may review

22

the

23

to extend the time period for providing such designations. Before the above-referenced thirty-day

24

period (and any agreed-to extension thereof) has passed, the following legend shall be placed on

25

the front of the original deposition transcrþt and each copy of the transcrþt: "TREAT AS

26

CONFIDENTIAL UNTIL FURTHER DESIGNATION." After the above-referenced thirty-day

27

period (and any agreed-to extension thereof) has passed, the following legend shall be placed on

28

the front of the original deposition harscrþt and each copy of the transcript containing

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of the portions of the transcript (including exhibits)

of receþt of the final deposition transcript or copy thereof. To retain any

designations

of

trarscrþt of his or her owndepositiondtning this thirty-dayperiod. Counsel also mayagree

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Case 2:17-cv-02869-GMN-PAL Document 33 Filed 05/24/18 Page 4 of 11

1

Confidential Information: 'CONTAINS CONFIDENTIAL INFORMATION. Designated parts

2

not to be used, copied or disclosed except as authorized by Cornt Order."

a

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videotaped deposition is designated as CONFIDENTIAL, the videocassette or other videotape

4

container shall be labeled with the legend provided for in paragraph 2(a) above.

(d)

5

If all or part of a

Electronically Stored Information: To the extent that matter stored or

of electronically

6
7

produced

by any party in such form, the producing party may designate such matter

as

CONFIDENTIAL by cover letter referring generally to such matter. Whenever any party to

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whom Computerized Information designated as CONFIDENIAL is produced reduces such

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is

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programs stored on comptfers, discs, networks or tapes) ("Electronically Stored Information")

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recorded in the form

material to hard-copy forrn, such party shall mark such hard-copy form with the legend provided

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for in paragraph 2(a) above. To the extent that any party or counsel for any party

13

develops or otherwise establishes any Electronically Stored Informatior¡ including any database,

stored information (including informatior¡ databases or

creates,

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disc or tape, which contains information designated CONFIDENTIAL, that party and/or its
counsel must take

all necessary steps to

insure that access

to that Elechonically

Stored

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Information is properly restricted to those persons who, by the terms of this Order, may have

17

access to Confidential Information

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(e)

Information Filed with the Court: Any party seeking to file with the Court

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documents and/or materials designated

20

following the protocols for sealed filings in this Court, including the requirements for a motion

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for an order sealing the documents consistent with the Ninth Circuit opinions of Kamakanq

22

City and County of Honolulu,447 F.3d 7172, ll78-79 (9th Cir. 2006) and Pintos v. Pacific

23

Creditors Associstion, 605 F.3d 665,678 (9thCir. 2010), and Local Rule 10-5(b). All documents

24

and materials filed with the Court containing or reflecting the contents

25

lnformation shall be endorsed with the caption of the Actior¡ a generic designation of the

26

contents, and

27

ORDER.''

28

CONFIDENIAL shall file such documents

the words 'CONFIDENTIAL INFORMATION

No party or other person may have

access

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of

STIBJECT

under seal by

v.

Confidential

TO COURT

to any sealed document from the files of the

Case 2:17-cv-02869-GMN-PAL Document 33 Filed 05/24/18 Page 5 of 11

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Cowt witlrout an order of the Cornt.

3.

2

Use of Confidential Information: Confidential Information shall be used by any

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a

party, otherthan the producingpafiy, solely for the purpose of conducting this Actior¡ and shall

4

in no event be used for any business, competitive, personaf private, public or other purpose,

5

except as required by law.

4,

6
7

Disclosure

Access

to information designated

CONFIDENTIAL prnsuant to this Order shall be limited to:

(a)

8

9

of Confidential Information:

such counsel's

the parties and counsel for the parties (including members or associates

of

firm) or in-house and orfside coursel for the parties, as well as their paralegaf

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Action;

(b)

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investigative, secretarial and clerical personnel who are engaged in assisting such coursel in this

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orfside photocopying, data processing graphic productior¡ stenographers,

or videographers employed by the parties or their cor-nsel to assist in this Action;

(c)

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an

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any outside expert who is not employed by or affiliated with any party or

this Action;

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affiliate of

a

party and is retained by coursel for the purposes of consulting and/or testiffing in

(d)

any party or any director, officer or employee of a party charged with the

resporsibility for making business decisiors dealing directþ wittr the resoh¡tion ofthis Action;

(e)

any person whose testimony is taken

or is to be taken by deposition or at

20

trial in this Action who in good åith is required to be shown or questioned abotf such material in

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order to assist such attorney in the preparation or the conduct

22

counsel determines in good

23

defense ofthe Action;

24

(Ð

of this Actior¡ provided disclosing

åith that the discloswe is appropriate to the effective prosecution or

any person who authored or received the particular material sought to be

25

disclosed to that person þrovided that the document has not been ahered since that person

26

authored or received the material);

27

(g)

28

this Court or any other Court exercising jurisdiction with respect to this

Action, Court personnel, jrnors, alternate jurors, and qualified persons (including

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necessary

Case 2:17-cv-02869-GMN-PAL Document 33 Filed 05/24/18 Page 6 of 11

I

clerical personnel) recording taking or fanscribing testimony or argument at any depositior¡

2

hearing, trial or appeal in this Action; and

(h)

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any other person to whom the party producing the information agrees in

writing.

5.

5

Notification of Confidentiality Order: Confidential Information shall not be

6
7

provided that such persons are provided a copy of this Order, they represent that they have read

11

and understand the provisions

ofConfidentiality in substantially the form attached hereto as Exhibit

However, Confidential Information may be disclosed to non-parties and former employees

ofthis Order or its summary, and they are advised by the disclosing

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coursel that such persons are bound by the provisiors of this Order. The originals of such

ãe

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Ageements shall be maintained by coursel for the party who obtained them until the final

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resolutionof this Action. Upona showing of good carÌse to the Court, copies of all exectrted

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Agreements shall be provided

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prohibition includes either direct or indirect disclosure, including brf not limited to any disclosrne

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(this does not include current employees of any party to this Action) prnsuant to paragraph a(e)

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has execr¡ted an Agreement

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disclosed to persons described in paragraphs 4(b), 4(c), 4(d), or 4(e) unless and until such person

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to the counsel for

opposing parties within 30

days.

This

by coursel or experts.

6.

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Objections to Designations:

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It

20

designation or material as CONFIDENTIAL, and after the Plaintiff provides written notice to

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Defendant that she is objecting

22

Defendant shall have ten (10) days after service of said objection to submit the matter to the Court

23

for resolution. Should Defendant not file a timely motion to the Court to decide the nntter, then

24

the confidentiality designation as to the objected to document or documents shall be withdrawn.

25

The producing party has the burden

26

reach an accord and if no application to the Cor¡rt is made, the material

27
28

after attempting in good åith pursu,ant to Local Rule 26-7 any dispute regarding the proper

to the designation of any document as CONFIDENTIAL,

of supporting its designation. If the parties are unable
will remain

to

as designated.

Any information which had been produced and designated CONFIDENIAL, but which

is subject to a dispute as to its proper designatiorl shall remain CONFIDENTIAL

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pending

Case 2:17-cv-02869-GMN-PAL Document 33 Filed 05/24/18 Page 7 of 11

1

resolution of the disptfe. In the event the court determines that non-confidential information has

2

improperly and in bad faithbeen designated as 'Confidentiaf " the challenging party may seek an

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award of reasonable attomeys' fees and experses associated with such challenge.

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7.

4

Preservation of Rights and Privileges: Nothing contained in this Order shall

5

affect the right, if any, of any party or witness to make any other

6

response

7

admissiors, requests for production of documents or questiors at a deposition. Nor shall this

8

Order be construed as a waiver by any party of any legally cognizable privilege to withhold any

9

Confidential Informatior¡ or of any right which any party may have to assert such privile ge at any

10
11

stage

to discovery

tlpe of objectior¡ claim, or other

requests, including without limitation, interrogatories, requests for

ofthis Action.

8.

Return of Materials: At the conclusion of this Actior¡ all Confidential

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Informatioq and copies of such materials, shall be surrendered to the designated party (or its

br:cl

13

coursel) or destroyed. All notes arising from the examination of such Confidential Inforrnation

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shall be treated with the same degree

15

only be disseminated pursuant to the terms of this Protective Order. Such notes shall

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desfoyed by Recþients or their attorneys at the conclusion of this Action. Recþients' attorneys

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shall certify, within twenty (20) days of the conclusion of thils Actio4 that the requirements

18

this paragraph have been met by all signatories to this Protective Order.

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of confidentiality

as the Confidential Information and may
be

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9.

Inadvertent

or

of

Unintentional Disclosure: The inadvertent or unintentional
of Confidential InformatiorL or information subject to a claim

20

disclosure by the producing party

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of privilege, including, but not limited to, the attorney-client privilege or work product doctrine

22

(an "Inadvertently Produced Privileged Document'), regardless of whether the information was

23

so designated at the time of disclosrre, shall not be deemed a waiver in whole or in part of a

24

party's claim of confidentiality or privilege, either as to the specific information disclosed or as to

25

any other informationrelating thereto or on the same or related subject matter. Nothing contained

26

within this paragraph prevents a party from challenging such a designation of documents or

27

information as Confidential ptnsuant to the procedwes contained in paragraph 6.

28

10.

No Admissions: A party's compliance with the terms of this Order shall not

-7

-

Case 2:17-cv-02869-GMN-PAL Document 33 Filed 05/24/18 Page 8 of 11

1

operate as an admission regarding the confidentiality, admissibility, or privileged natwe

2

particular document or information.

11.

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of any

Notice: Any party or person in possession of Confidential Information or

an

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5

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identifting the materials sought and enclosing a copy of the subpoena or other process. The party

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coursel for the party who produced or designated the materials as confidential or privileged

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an Inadvertently Produced Privileged Document, shall promptly give written notice by e-mail to

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Order, which subpoena seeks production or other disclostne of such Confidential Information or

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governmental agencies, departmerús or bodies, boards or associations) who is not a party to this

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process) from any person (including nattnal persons, corporations, partnerships, frms,

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c.)

asserted a claim

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Inadvertently Produced Privileged Document with respect to which the producing party

or person receiving the

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Information or an Inadvertently Produced Privileged Document that such Information is either

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confidential or privileged, subject to Protective Order and may not be disclosed without the

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consent

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privileged.

has

of privilege in accordance withparagraph 9 who receives a subpoena (or other

subpoena shall also inform the person seeking the Confidential

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of the party that produced the Confidential Information or designated the document

12.

as

Non-Parties: This Protective Order shall apply to non-parties who are obliged to

18

provide discovery, by depositior¡ production of documents or otherwise, in this Action, unless the

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non-party waives the protection of this Protective Order. This Protective Order shall also apply to

20

non-parties who are aflorded access to documents

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this Actior¡ whether by depositior¡ production of docwnents or otherwise.

22
23

24
25

13.

or information produced during discovery in

Continuing Jurisdiction: Upon the final resolution of this Actior¡ the provisions

of this Order shall continue to be binding.

14.

Violation: Any party to this action may file a motion requesting the Court to

sanction or hold in contempt of Court anyone who violates the terrns ofthis Protective Order.

26
27
28

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Case 2:17-cv-02869-GMN-PAL Document 33 Filed 05/24/18 Page 9 of 11

15.

1

This Order shall remain

2

terminated by consent

J

in force

and eflect until modified, stperseded, or

of the parties, or by order of the Court made tpon

request.

reasonable written

4

IT IS

5

SO STIPTILATED.

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4n-of-ù4arefi 2018.
day

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DArED thß&auy

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SNELL &

COGBURN LAW OFFICES

By:

By:

Vaugþ A.

Jamie S. Cogburq Esq.

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Alexandria L. Layton
Att orneys for Defendant Trist ar

zora

DATED this

Joshua A.
P roduct s,

Inc.

A

tto

Dowling

r ney s fo

r

P la int

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6th
IT IS SO ORDERED, this _

day

of

June

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United States Magistrate Judge
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2018.

Esq.

iff

Case 2:17-cv-02869-GMN-PAL Document 33 Filed 05/24/18 Page 10 of 11

E)GIIBIT A

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am employed

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located at

by

2.

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as

I

have been given a copy

of the Protective Order in this case ("Order')

it. I agree to be bound by the Order. I understand that information

and have

and/or documents which

6

read

7

are disclosed

8

designated as 'Confidential" are

9

matter Heath v. Tristar Products Inc., et al., Case No. 2:17-cv-02869-GMN-PAL.

to me by coursel of record for

,

which

are

CONFIDENTIAL and to be used by me solely to assist in the

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fi'nther

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understand that the Protective Order entered by the Cotnt, prohibits me from revealing such

information or documents to any persorL except as specifically allowed by the Order.

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acknowledge that

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products, Inc. and that

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am not presently a competitor or employed by a competitor

I will not use any Confidential document, trarscrþt,

obtained from my involvement in the matter of Heath

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finther

of Tristar

or information

v. Tristar for any pwpose other

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assisting with the matter.

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prevent unar¡thorized access

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matter,

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than

Confidential Information or destroy the Confidential Information.

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I will maintain all such Confidential Information in a secure

to

it. No later than thirty (30) days after the conclusion

I will retr¡rn the Confidential

In

3.

manner to

of this

Inforrnation to the counsel who provided me with the

accepting disclosure

of

information and/or documents designated

to be subject to the jurisdiction of the United States District Cotlrt for the

20

Confidentiaf

21

District ofNevada for the purpose of the Protective Order's enforcement and the enforcement

22

my obligations under this Confidentiality Agreement.

I

agree

as

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I declare r¡der penaþ of perjwy that the foregoing is true and correct.

24

Executed on

(time/location).

(date) at

25

Signatue

26

Printed Name:

27
28

-10-

of

Case 2:17-cv-02869-GMN-PAL Document 33 Filed 05/24/18 Page 11 of 11

CERTIFICATE OF SERVICE

I

I hereby declare under penalty of perjury, that I am over the age of eighteen (18) years,

2

I am not a party to, nor interested in, this action. On this date, I

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and

4

and correct copy

5

indicated below and addressed to the following:

6

XXXXX

caused to be served a true

of the foregoing STIPULATED PROTECTIVE ORDER by the method

Electronic Service (CM/ECF)

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Jamie S. Cogburn, Esq.
Joshua A. Dowling, Esq.
CoceuRN Lew Or¡'rces
2580 St. Rose Parkway, Suite 330
Henderson, NV 89074
Telephone: [phone]
Facsimile: [phone]
Email: j [e-mail]
Email : i [e-mail]
Attorneys þr Plaintiff

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DATED this 24th day of May,2018.

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lsl Julia M. Diaz
An Employee of Snell & V/ilmer l.l,p

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48t9-32224096.3

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