Harari v. Core-Mark Holding Company

Filing 20

STIPULATED PROTECTIVE ORDER re 19 Stipulation re Protective Order. Signed by Magistrate Judge Cam Ferenbach on 5/31/2018. (Copies have been distributed pursuant to the NEF - MMM)

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300 S Fourth Street, Suite 1500
Las Vegas, Nevada 89101

FISHER & PHILLIPS LLP

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FISHER & PHILLIPS LLP
SCOTT M. MAHONEY, ESQ.
Nevada Bar No. 1099
ALLISON L. KHEEL, ESQ.
Nevada Bar No. 12986
300 S. Fourth Street
Suite 1500
Las Vegas, NV 89101
Telephone: [phone]
FAX: [phone]
[e-mail]
JOEL W. RICE (PRO HAC VICE)
FISHER & PHILLIPS LLP
10 S. Wacker Drive, Suite 3450
Chicago, IL 60606
Telephone: [phone]
[e-mail]
Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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AUNI HARARI, an Individual,
Case No.: 2:18-cv-00121-GMN-VCF

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Plaintiff,
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vs.

STIPULATED PROTECTIVE
ORDER

CORE-MARK INTERNATIONAL, INC.,
a Foreign Corporation, DOES I-X; ROE
CORPORATIONS I-X,

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Defendants.
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STIPULATED PROTECTIVE ORDER
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Upon the stipulation of Defendant, Core-Mark International, Inc. (hereinafter
“Defendant”), by and through its counsel, Joel W. Rice, Esq. and Allison L. Kheel,
Esq., Fisher & Phillips LLP, and Counsel for Plaintiff (hereinafter “Plaintiff”), Jennifer
Foley, Esq., of Law Offices of HKM Employment Attorneys LLP (collectively the

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FPDOCS 34122974.1

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“Parties”), and pursuant to the Federal Rules of Civil Procedure, IT IS HEREBY

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ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

necessary to protect proprietary, confidential, competitive, trade secrets, and/or private

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documents and information (“Confidential Information”) that may be or have been

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produced and/or otherwise disclosed during the course of discovery and other

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proceedings in Civil Action No. 2:18-cv-00121-GMN-VCF, styled Auni Harari v.

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Core-Mark International Inc., filed in the United States District Court, District of

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Nevada, (the “Action”), whether such information is produced and/or disclosed

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prospectively or retroactively. Such Confidential Information shall only be used for

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300 S Fourth Street, Suite 1500
Las Vegas, Nevada 89101

This Agreed Protective Order and Confidentiality Agreement (“Order”) is

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FISHER & PHILLIPS LLP

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purposes of this Action and any appeal, and shall not be disclosed, exhibited, delivered,

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or the existence be made known to any person except in accordance with this Order.

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The Parties may retroactively designate documents or information that has

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previously been produced and/or disclosed during the course of discovery and other

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proceedings in this Action as Confidential Information subject to this Order.

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To assure that unfair advantage is not gained by any party (or any non-party) as

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a result of discovery or other disclosure in this Action; to avoid any potentially harmful

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disclosure of Confidential Information; and to facilitate discovery and other pre-trial

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proceedings without unnecessary motions and hearings, the Parties have stipulated that

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discovery and disclosure of Confidential Information should proceed only upon the

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terms and conditions set forth herein.

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ACCORDINGLY, IT IS HEREBY ORDERED that:

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Applicability. This Order shall apply to all information and materials

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(including, without limitation, documents, deposition testimony and interrogatory

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answers) produced or disclosed through discovery or any other activity in this Action

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(i) by any Plaintiff or any Defendant (individually referred to herein as a “Party” and

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collectively referred to herein as the “Parties”) or (ii) by any person, entity, or witness

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not a party to this Order (“non-party”), which is designated to be "Confidential

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Information" under this Order.

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2.

Designation of Confidential Information. Any Party or non-party may

“Confidential Information,” including without limitation, answers to interrogatories,

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deposition testimony, or any other information or materials produced or disclosed by

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the Party or a non-party during discovery or in any other pretrial proceedings in this

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Action, thereby giving notice that such materials (i) contain confidential information,

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and (ii) shall be subject to this Order. All materials so designated, including copies,

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summaries, or abstracts, or other recognizable artifacts shall be treated as “Confidential

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300 S Fourth Street, Suite 1500
Las Vegas, Nevada 89101

at any time and in the manner described below, designate any document or thing as

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Information.” The parties shall have thirty (30) days from the date that this Protective

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Order is entered by the Court to designate previously-produced materials as

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“Confidential Information.”

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3.

Method of Designation. Each page of documents disclosed or

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produced, along with all answers to interrogatories, responses to requests for admission,

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or other such discovery materials that are designated as Confidential Information, shall

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be accompanied by a cover letter or a conspicuously hand-written inscription, in ink,

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with the following:

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“CONFIDENTIAL”

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or

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“CONFIDENTIAL INFORMATION”

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Information so designated should be substituted for any versions of the same

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information that was not previously so designated. The version that has been designated

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as Confidential Information should at all times thereafter be used.

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All documents produced by any Party, non-party, or witness for inspection or

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copying shall be treated as Confidential Information during inspection if so marked or

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designated. Testimony may be designated as Confidential Information in whole or in

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part. If so, counsel shall designate on the record prior to, concurrently with, or after
FPDOCS 34122974.1

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such disclosure that same is Confidential Information, in which case each page of the

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portion of any transcript so designated (together with the front/cover page) shall be

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stamped with the foregoing legend, and all transcripts so stamped shall be maintained

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separately, subject to the provisions of this Order. Counsel shall have the ability, at any

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time, to designate any portions of a deposition, hearing, or trial transcript as

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Confidential Information.

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4.

Limited

Use

and

Disclosure

of

Confidential

Information.

action or any appeal therefrom, and for no other purpose, and shall not be used by any

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person (except by the Party or non-party who originally produced or disclosed the

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300 S Fourth Street, Suite 1500
Las Vegas, Nevada 89101

Confidential Information shall be used only for the prosecution and/or defense of this

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Confidential Information, or by one who can prove the legitimate acquisition of such

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information prior to its disclosure in this Action) for any other purpose, and shall not be

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used or disclosed in this Action except as provided by this Order. Subject to the

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limitations on usage set forth below, and except by the Party or non-party who

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originally produced or disclosed it in this Action (or by one who can prove the

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legitimate acquisition of such information prior to its disclosure in this lawsuit),

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Confidential Information shall not be used, disclosed or otherwise communicated to

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anyone, except:

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a. The Parties to these proceedings; provided, however, that where a party is a

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corporation, partnership, or governmental entity, Confidential Information may

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be disclosed only to such party’s officers, directors, partners and employees

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who are actively involved in preparing for and conducting the litigation or

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settlement negotiations in these proceedings or who authored, received or

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otherwise were involved in the substance of the matters set forth in the

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Confidential Information.

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b. Inside and outside counsel for the Parties and paralegals or other legal and

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clerical assistants employed by such counsel as reasonably necessary to assist

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counsel (all of whom qualify for review of “Confidential Information”).
FPDOCS 34122974.1

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c. Clerical and data processing personnel involved in the production, reproduction,

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organization, filing, coding, cataloging, converting, storing, retrieving, and

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review of Confidential Information, to the extent reasonably necessary to assist

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a party or its counsel in these proceedings;

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d. Personnel involved in the administration of any document depository that may
be established in connection with these proceedings;

counsel who agree to be bound by this Order and who signify such agreement

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by signing a copy of Exhibit “A” attached hereto, which shall be retained by

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counsel and only such Confidential Information as is reasonably relevant to the

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300 S Fourth Street, Suite 1500
Las Vegas, Nevada 89101

e. Witnesses and independent (outside) experts or consultants retained by a Party’s

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FISHER & PHILLIPS LLP

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subject matter on which they are testifying or consulting. An “Exhibit A”

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certificate signed by a non-testifying, independent (outside) “consulting only”

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expert shall be retained in the files of counsel who engaged such expert, but

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only disclosed pursuant to further order of the Court;

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f. Court reporters retained by Party counsel in connection with discovery who
must first read this Order;

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g. The Court (including the Court’s staff);

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h. Such other persons as all Parties’ counsel may unanimously agree in writing;

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provided, that such other persons agree to be bound by this Order and signify

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such agreement by executing a copy of Exhibit “A”; and

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i. Any person that the Court in these proceedings designates in the interest of
justice, upon terms that the Court deems proper.

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No person other than those in paragraph 5(b) may disclose any Confidential

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Information or the content thereof to any other person or entity other than in connection

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with giving testimony in this proceeding at a deposition, hearing or trial. Confidential

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Information (and all copies thereof) shall be maintained only by Party counsel and party

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legal departments, or others who are under the direct control of retained Party experts.

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5.

Procedure for Disclosure to Experts. Any Party’s counsel who intends

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to disclose another Party's Confidential Information to a witness or to an independent

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expert, shall, in advance of any such disclosure, require such witness or expert to read

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and agree to be bound by this Order, and who shall also sign an “Exhibit A” certificate.

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6.

Disclosure Connected with Testimony. A witness may, during a

containing, or otherwise be examined about, Confidential Information only if (i) the

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witness is a current employee of the Party or non-party that produced such Confidential

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Information, (ii) the witness is authorized to review such information under the terms of

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this Order, or (iii) it can be established in advance of disclosure that the deponent is

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300 S Fourth Street, Suite 1500
Las Vegas, Nevada 89101

deposition or trial, or during preparation for a deposition or trial, be shown a document

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FISHER & PHILLIPS LLP

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already familiar with (or authorized to review) the Confidential Information to be

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disclosed, e.g., as evidenced by the fact that the deponent authored or otherwise was a

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source of such information, or is shown on the document as a recipient thereof, or is a

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person whose prior testimony has established that he or she previously originated,

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received, or reviewed such information in the ordinary course of business, or is an

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expert who reviewed, or will review, same in his/her capacity as an expert witness in

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this Action. Each such witness in category (iii) above, however, shall be furnished a

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copy of this Order, either before or after being examined about such Confidential

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Information, and shall not disclose such Confidential Information to anyone, except as

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allowed by this Order.

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7.

Exclusion

of

Unauthorized

Persons.

Whenever

Confidential

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Information is to be introduced or used at a deposition, hearing, or in other pretrial

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proceedings, each portion of any such proceeding in which such Confidential

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Information is introduced or used shall be conducted with only those persons in

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attendance who are authorized under this Order to have access to such Confidential

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Information. In such instances, the confidential portions of the transcript and its cover

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page shall be marked with the legend set forth in Paragraph 3 above. The original of

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FPDOCS 34122974.1

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such transcript shall be maintained under seal, and copies of same shall not be available

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to non-parties without first obtaining leave of Court.

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Authorized Disclosures. Nothing herein shall prevent disclosure

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beyond the terms of this Order if the only party originally designating the information

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as “Confidential Information” has consented in writing to requested disclosure, or if the

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Court orders disclosure regardless.

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No Waiver of Other Objections. Each Party or non-party shall retain

additional grounds that are outside the provisions of this Order. The Parties do not

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waive any right to object upon any grounds whatsoever to the use or introduction of

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Las Vegas, Nevada 89101

the right to oppose disclosure or other production of Confidential Information on any

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Confidential Information in any hearing or other proceeding. Nothing in this Protective

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Order shall be construed to preclude a party from seeking a further protective order for

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any information as to which such party believes that this Protective Order is

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insufficiently protective.

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Responsibility for Unauthorized Use or Disclosure. Any Party

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counsel disclosing the Confidential Information of another Party or non-party to anyone

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qualified under this Order shall have the duty to reasonably ensure that such person is

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given a copy of this Order and observes its terms, except that in no event shall counsel

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be personally responsible for a breach or failure to observe the terms of this Order by

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anyone who is outside of his/her control.

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If information subject to a claim of attorney-client privilege, attorney work

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product or any other ground on which production of such information should not be

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made to any party is nevertheless inadvertently produced to such party or parties, such

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production shall in no way prejudice or otherwise constitute a waiver of, or estoppel as

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to, any claim of privilege, work product or other ground for withholding production to

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which the producing person otherwise would be entitled. If a claim of inadvertent

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production is made pursuant to this paragraph with respect to information then in

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custody of another party, such party shall promptly return to the producing person that
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material as to which the claim of inadvertent production has been made, and the

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receiving party shall not copy, reproduce or use such information for any purpose until

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further order of the Court. The party returning such material may then move the Court

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for an order compelling production of the material, but said motion shall not assert as a

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ground for entering such an order the fact or circumstance of inadvertent production.

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Inadvertent Production. Inadvertent production of any information, document or

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thing without its being marked “Confidential” shall not itself be deemed a waiver of

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any claim of confidentiality as to such matter, and the same may thereafter be corrected

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by supplemental written notice, said notice to be served on all other parties within thirty

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300 S Fourth Street, Suite 1500
Las Vegas, Nevada 89101

FISHER & PHILLIPS LLP

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(30) days of the discovery of the inadvertent production.
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Court Proceedings. Unless otherwise agreed to in writing by all Party

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counsel, all court-related proceedings involving Confidential Information (including

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proceedings at which Confidential Information is offered into the record or may

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otherwise be used) shall be subject to this Order, to the extent practicable.

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Responsibility for Unauthorized Use or Disclosure. Any Party

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counsel disclosing the Confidential Information of another Party or non-party to anyone

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qualified under this Order shall have the duty to reasonably ensure that such person is

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given a copy of this Order and observes its terms, except that in no event shall counsel

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be personally responsible for a breach or failure to observe the terms of this Order by

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anyone who is outside of his/her control.

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Ultimate Disposition of Confidential Information. Upon written

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request by a producing Party, within forty-five (45) days after the conclusion of this

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Action, all Confidential Information produced by a Party or nonparty, and all

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reproductions, summaries and extracts of same, together with any other recognizable

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artifacts thereof, shall be returned to the Party or non-party who originally produced it,

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except as the Court may otherwise order; provided, however, that any Party counsel

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who prepared (or caused the preparation of) documents containing summaries, extracts,

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party shall not be required to return such materials to the producing Party or non-party

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unless such Party counsel fails to certify in writing to the producing Party or non-party

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that all portions of such materials containing Confidential Information have been

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destroyed to prevent unauthorized disclosure. However, nothing in this Order shall

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preclude a Party from using or retaining their own Confidential Information.

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Effective Date of Agreed Protective Order and Confidentiality

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Agreement. This Order shall be effective immediately upon the signature of Party

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counsel, and shall apply retroactively to all documents and things produced or disclosed

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through discovery or in any other proceedings in this Action.

300 S Fourth Street, Suite 1500
Las Vegas, Nevada 89101

This Order shall continue to be effective after the conclusion of this Action,

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except (i) that there shall be no restriction as to documents that are used as exhibits

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(unless such exhibits were admitted confidentially and thereafter maintained by the

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Court under seal), and (ii) that a Party may seek written permission from the producing

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Party with respect to the application, dissolution or modification of this Order.

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15.

Modification. The parties may by written consent modify the terms of

this Protective Order without prior approval of the Court.
Dated: May 31, 2018

Dated: May 31, 2018

/s/ Jenny L. Foley, PH.D., Esq.
HKM EMPLOYMENT
ATTORNEYS LLP
JENNY L. FOLEY, PH.D., ESQ.
Nevada Bar No. 9017
1785 E. Sahara Avenue, Suite 325
Las Vegas, NV 89104

/s/ Allison L. Kheel, Esq._______
FISHER & PHILLIPS LLP
SCOTT M. MAHONEY, ESQ.
Nevada Bar No. 1099
ALLISON L. KHEEL, ESQ.
Nevada Bar No. 12986
300 S. Fourth Street
Suite 1500
Las Vegas, NV 89101
Telephone: [phone]
FAX: [phone]
[e-mail]

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300 S Fourth Street, Suite 1500
Las Vegas, Nevada 89101

FISHER & PHILLIPS LLP

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JOEL W. RICE (PRO HAC VICE)
FISHER & PHILLIPS LLP
10 S. Wacker Drive, Suite 3450
Chicago, IL 60606
Telephone: [phone]
[e-mail]
Attorneys for Defendant

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IT IS SO ORDERED this 31st day of May, 2018.

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_______________________________
UNITED STATES MAGISTRATE JUDGE

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Submitted by:

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/s/ Allison L. Kheel, Esq.
Allison L Kheel, Esq.
Fisher & Phillips LLP
300 South Fourth Street
Suite 1500
Las Vegas, NV 89101
Attorneys for Defendant

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FPDOCS 34122974.1

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