Universal Entertainment Corporation v. Aruze Gaming America, Inc. et al

Filing 38

ORDER granting 36 Stipulated Confidentiality Agreement and Protective Order; Signed by Magistrate Judge George Foley, Jr on 8/14/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:18-cv-00585-RFB-GWF Document 36 Filed 08/13/18 Page 1 of 17

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J. Stephen Peek, Esq. (1758)
Bryce K. Kunimoto, Esq. (7781)
Robert J. Cassity, Esq. (9779)
HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, Nevada 89134
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants Aruze Gaming
America, Inc. and Kazuo Okada
Jeffrey S. Love (pro hac vice)
Klarquist Sparkman, LLP
One World Trade Center
121 S.W. Salmon Street
Suite 1600
Portland, Oregon 97204
[e-mail]
Attorneys for
America, Inc.

Defendant

Aruze

Gaming

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNIVERSAL ENTERTAINMENT
CORPORATION, a Japanese corporation

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Plaintiff,

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v.

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ARUZE GAMING AMERICA, INC., a Nevada
corporation, KAZUO OKADA, an individual

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CASE NO.: 2:18-00585-RFB-GWF
STIPULATED CONFIDENTIALITY
AGREEMENT AND PROTECTIVE
ORDER

Defendants.

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The undersigned parties, by and through their counsel of record, hereby stipulate and

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agree that the handling of confidential material in these proceedings shall be governed by the

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provisions set forth below:

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1.

Applicability of this Protective Order: This Protective Order does not and will

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not govern pretrial disclosures of exhibits and witnesses under FRCP 26(a)(3), the pretrial

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order, and trial in this action, but will otherwise be applicable to and govern the handling of

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Case 2:18-cv-00585-RFB-GWF Document 36 Filed 08/13/18 Page 2 of 17

1 documents, depositions, deposition exhibits, interrogatory responses, responses to requests for
2 admissions, responses to requests for production of documents, and all other discovery obtained
3 pursuant to the Federal Rules of Civil Procedure or other legal process by or from, or produced
4 on behalf of, a party in connection with this action (this information hereinafter referred to as
5 “Discovery Material”). As used herein, “Producing Party” or “Disclosing Party” shall refer to
6 the parties in this action that give testimony or produce documents or other information as well
7 as to non-parties who have expressly agreed in writing to be bound by the terms of this Order;
8 “Receiving Party” shall refer to the parties in this action that receive such information, and
9 “Authorized Recipient” shall refer to any person or entity authorized by Sections 10 and 11 of
10 this Protective Order to obtain access to Confidential Information, Highly Confidential

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 Information, or the contents of such Discovery Material.
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2.

Designation of Information: Any Producing Party may designate Discovery

Material that is in its possession, custody, or control to be produced to a Receiving Party as
“Confidential” or “Highly Confidential” under the terms of this Protective Order if the
Producing Party in good faith reasonably believes that such Discovery Material contains nonpublic, confidential information as defined in Sections 4 and 5 below.
3.

Exercise of Restraint and Care in Designating Material for Protection: Each

Producing Party that designates information or items for protection under this Protective Order
must take care to limit any such designation to specific material that qualifies under the
appropriate standards. Mass, indiscriminate or routinized designations are prohibited. The
Producing Party must designate for protection only those parts of material, documents, items, or
oral or written communications that qualify – so that other portions of the material, documents,
items, or communications for which protection is not warranted are not swept unjustifiably
within the ambit of this Order.
4.

Confidential Information: For purposes of this Protective Order, “Confidential

27 Information” means any information that constitutes, reflects, or discloses trade secrets, know28
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Case 2:18-cv-00585-RFB-GWF Document 36 Filed 08/13/18 Page 3 of 17

1 how, proprietary data, marketing information, financial information, and/or commercially
2 sensitive business information or data which the designating party in good faith believes in fact
3 is confidential or the unprotected disclosure of which might result in economic or competitive
4 injury, and which is not publicly known and cannot be ascertained from an inspection of
5 publicly available documents, materials, or devices. Confidential Information shall also include
6 sensitive personal information that is not otherwise publicly available, such as home addresses;
7 Social Security numbers; dates of birth; employment personnel files; medical information;
8 home telephone records/numbers; employee disciplinary records; wage statements or earnings
9 statements; employee benefits data; tax records; and other similar personal financial
10 information. A party may also designate as “CONFIDENTIAL” compilations of publicly

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 available discovery materials, which would not be known publicly in a compiled form.
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5.

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Highly Confidential Information:

For purposes of this Protective Order,

Highly Confidential Information is any Confidential Information as defined in Section 4 above
that also includes extremely sensitive, highly confidential, non-public information constituting a
trade secret as defined in NRS 600A.030(5) or 18 U.S.C. § 1839(3) and the disclosure of such
information would create a substantial risk of competitive or business injury to the Producing
Party.
6.

Designating Confidential Information or Highly Confidential Information.

If any party in this action determines in good faith and in accordance with Section 3 above that
any documents, things, or responses produced in the course of discovery in this action should be
designated as Confidential Information or Highly Confidential Information it shall advise any
party who has received such material of this fact, and all copies of such document, things, or
responses, or portions thereof deemed to be confidential shall be marked “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL” (whether produced in hard copy or electronic form) at the
expense of the designating party and treated as such by all parties. A designating party may
inform another party that a document is Confidential or Highly Confidential by providing the
Bates number of the document in writing. If Confidential or Highly Confidential Information is
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Case 2:18-cv-00585-RFB-GWF Document 36 Filed 08/13/18 Page 4 of 17

1 produced via an electronic form on a computer readable medium (e.g., DVD-ROM), other
2 digital storage medium, or via Internet transmission, the Producing Party shall affix in a
3 prominent place on the storage medium or container file on which the information is stored, and
4 on

any

container(s)

for

such

medium,

the

legend

“Includes

CONFIDENTIAL

5 INFORMATION” or “Includes HIGHLY CONFIDENTIAL INFORMATION.” Nothing in
6 this section shall extend confidentiality or the protections associated therewith to any
7 information that does not otherwise constitute “Confidential Information” or “Highly
8 Confidential Information” as defined in Paragraphs 4 and 5 herein.
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7.

Redaction Allowed:

Any Producing Party may redact from the Discovery

10 Material it produces matter that the Producing Party claims is subject to the attorney-client

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 privilege, the work product doctrine, a legal prohibition against disclosure, or any other
12 privilege from disclosure. Any Producing Party also may redact information that is both
13 personal and non-responsive, such as a social security number. A Producing Party may not
14 redact information in an otherwise responsive document solely because the Producing Party
15 believes that the information is non-responsive. Nor shall a Producing Party withhold non16 privileged, responsive information solely on the grounds that such information is contained in a
17 document that includes privileged information. The Producing Party shall mark each Discovery
18 Material where matter has been redacted with a legend stating “REDACTED,” and include an
19 annotation indicating the specific reason for the redaction (e.g., “REDACTED—Work
20 Product”). All documents that have been redacted shall be listed in a redaction log produced in
21 conformity with Nevada law and the Federal Rules of Civil Procedure. Where a document
22 consists of more than one page, the page on which information has been redacted shall so be
23 marked. The Producing Party shall preserve an unredacted version of each such document.
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8.

Use of Confidential Information or Highly Confidential Information. Except

25 as provided herein, Confidential Information and Highly Confidential Information designated or
26 marked as provided herein shall be used solely for the purposes of this action, shall not be
27 disclosed to anyone other than those persons identified herein in Sections 11 and 12, and shall
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1 be handled in such manner until such designation is removed by the designating party or by
2 order of the Court. Nothing in this Protective Order shall preclude a party or other person from
3 using his, her, or its own Confidential Information or Highly Confidential Information or from
4 giving others his, her, or its Confidential Information or Highly Confidential Information.
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Once the Court enters this Protective Order, a party shall have thirty (30) days to

6 designate as Confidential or Highly Confidential any documents previously produced in this
7 action, which it can do by stamping “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” on
8 the document, or informing the other parties of the Bates-numbers of the documents so
9 designated.
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9.

Use of Confidential Information and Highly Confidential Information in

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 Depositions. Counsel for any party shall have the right to disclose Confidential or Highly
12 Confidential Information at depositions, provided that such disclosure is consistent with this
13 Protective Order, including Sections 10 and 11. Any counsel of record may request that all
14 persons not entitled under Sections 10 or 11 of this Protective Order to have access to
15 Confidential Information or Highly Confidential Information leave the deposition room during
16 the confidential portion of the deposition. Failure of such other persons to comply with a
17 request to leave the deposition shall constitute substantial justification for counsel to advise the
18 witness that the witness need not answer the question where the answer would disclose
19 Confidential Information or Highly Confidential Information. However, nothing in this Order
20 shall preclude a party or its attorneys from: (1) showing a document designated as Confidential
21 or Highly Confidential to an individual who prepared part or all of the document, who has
22 previously reviewed the document, or who is shown by the document to have received it, or (2)
23 examining during a deposition any person currently employed by a party or retained as an
24 expert by a party concerning any Discovery Materials designated by that party as Confidential
25 or Highly Confidential, which use shall not otherwise affect the status and treatment of such
26 Confidential or Highly Confidential Information.

Additionally, at any deposition session,

27 counsel to any party (or non-party subject to this Protective Order) may designate portions of a
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Case 2:18-cv-00585-RFB-GWF Document 36 Filed 08/13/18 Page 6 of 17

1 deposition transcript and/or video of any deposition (or any other testimony) as containing
2 Confidential or Highly Confidential Information in accordance with this Order by a statement
3 on the record during the deposition or by notifying all other parties in writing within fourteen
4 (14) calendar days of receiving the official transcript or video that it contains Confidential
5 and/or Highly Confidential Information. Counsel must follow up in writing within thirty (30)
6 calendar days of receiving the official transcript or video, identifying the specific pages, lines,
7 and/or counter numbers containing the Confidential or Highly Confidential Information. If no
8 confidentiality designations are made within the thirty calendar (30) day period, the entire
9 transcript shall be considered non-confidential. If a deposition is designated as Confidential or
10 Highly Confidential by a statement on the record during the deposition, then during the thirty

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 (30) day period, the entire transcript and video shall be treated as Confidential Information (or
12 Highly Confidential Information if so designated).

If a deposition is not designated as

13 Confidential or Highly Confidential by a statement on the record during the deposition, the
14 entire transcript and video shall be treated (i) as Highly Confidential Information through the
15 end of the 14 (fourteen) day period for designation by written notice and (ii) thereafter during
16 the 30 (thirty) day period as Confidential Information or Highly Confidential Information if so
17 designated.

All originals and copies of deposition transcripts that contain Confidential

18 Information

or

Highly

Confidential

Information

shall

be

prominently

marked

19 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” on the cover thereof and, if and when
20 filed with the Court, the portions of such transcript so designated shall be requested to be filed
21 under seal in accordance with LR IA 10-5. Counsel must designate portions of a deposition
22 transcript as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” within thirty calendar (30)
23 days of receiving the official transcript. Any DVD or other digital storage medium containing
24 Confidential or Highly Confidential deposition testimony shall be labeled in accordance with
25 the provisions of Section 6. The provisions set forth in Section 17 shall govern resolution of
26 disputes over confidentiality designations regarding deposition transcripts.
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10.

Persons Authorized to Receive Confidential Information.

Confidential

2 Information produced pursuant to this Protective Order may be disclosed or made available only
3 to the Court, court personnel, and to the persons below:
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(a)

A party, or officers, directors, and employees of a party deemed

5 necessary by counsel to aid in the prosecution, defense, or settlement of this action;
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(b)

Counsel for a party and its affiliates (including in-house attorneys,

7 outside attorneys associated with the law firm of counsel, and paralegal, clerical, litigation
8 support staff, and secretarial staff employed by such counsel);
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(c)

An entity retained by a party to provide litigation support services

10 (photocopying, videotaping, translating, preparing exhibits or demonstrations, organizing,

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 storing, retrieving data in any form or medium, etc.) and its employees;
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(d)

Outside experts or consultants (together with their support staff) retained

13 by a party to assist in the prosecution, defense, or settlement of this action, provided that such
14 an expert or consultant is not a current employee of a direct competitor of a party named in this
15 action;
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(e)

Court reporter(s) or videographers(s) employed in this action;

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(f)

A witness at any deposition or other proceeding in this action (1) to

18 whom Confidential or Highly Confidential may be provided as set forth in Section 9 or (2) to
19 whom the Producing Party agrees may be shown certain Discovery Materials designated as
20 Confidential and/or Highly Confidential Information;
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(g)

Any ESI vendor, translator(s), or interpreter(s) employed in this action;

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(h)

Any other person as to whom the parties in writing agree or that the

23 Court in these proceedings designates; and
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(i)

Jury consultants or trial consultants retained by or on behalf of a party to

25 assist outside counsel for any party in connection with this litigation, together with technicians,
26 assistants, or mock jurors who (i) are supervised by such consultants; (ii) are not affiliated with
27 any party to this case or their direct competitor; (iii) agree in writing to be bound by
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1 confidentiality; and (iv) are not themselves given custody of any Confidential or Highly
2 Confidential Information, nor permitted to remove any presentations, questionnaires or notes
3 taken during the exercise from any room in which the research is conducted.
4 Any person to whom Confidential Information is disclosed pursuant to subparts (a), (b), (c), (d),
5 (e), (f), (g), (h), or (i) above shall be advised that the Confidential Information is being disclosed
6 pursuant to an order of the Court, that the information may not be disclosed by such person to
7 any person not permitted to have access to the Confidential Information pursuant to this
8 Protective Order, and that any violation of this Protective Order may result in the imposition of
9 such sanctions as the Court deems proper. Any person to whom Confidential Information is
10 disclosed pursuant to subpart (c), (d), (g), (h), or (i) of this Section shall also be required to

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 execute a copy of the form Exhibit A. The persons shall agree in writing to be bound by the
12 terms of this Protective Order by executing a copy of Exhibit A (which shall be maintained by
13 the counsel of record for the party seeking to reveal the Confidential Information) in advance of
14 being shown the Confidential Information. No party (or its counsel) shall discourage any
15 persons from signing a copy of Exhibit A. If a person refuses to execute a copy of Exhibit A,
16 the party seeking to reveal the Confidential Information may seek an order from the Court
17 directing that the person be bound by this Protective Order. In the event of the filing of such a
18 motion, Confidential Information may not be disclosed to such person until the Court resolves
19 the issue. Proof of each written agreement provided for under this Section shall be maintained
20 by each of the parties while this action is pending and disclosed to the other parties if ordered to
21 do so by the Court.
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11.

Persons Authorized to Receive Highly Confidential Information. “HIGHLY

23 CONFIDENTIAL” documents and information may be used only in connection with this case
24 and may be disclosed only to the Court, court personnel, and the persons listed in sub-sections
25 (b) to (i) of Section 10 above, but shall not be disclosed to a party, or an employee of a party
26 (other than in-house counsel for a party), unless otherwise agreed or ordered. Any person to
27 whom Highly Confidential Information is disclosed pursuant to sub-sections (c), (d), (g), (h), or
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1 (i) of Section 10 above shall also be required to execute a copy of the form Exhibit A, and shall
2 be subject to the requirements in the preceding paragraph.
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Filing of Confidential Information or Highly Confidential Information With

4 Court. Any party seeking to file or disclose materials designated as Confidential Information
5 or Highly Confidential Information with the Court in this Action must, concurrently with or
6 prior to any such filing, seek leave to file such Confidential or Highly Confidential Information
7 under seal in accordance with LR IA 10-5.
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13.

Notice to Non-Parties. Any party issuing a subpoena to a non-party shall

9 enclose a copy of this Protective Order with a request that, within ten (10) calendar days, the
10 non-party either request the protection of this Protective Order or notify the issuing party that

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 the non-party does not need the protection of this Protective Order or wishes to seek different
12 protection. Any non-party invoking the Protective Order shall comply with, and be subject to,
13 all other applicable sections of the Protective Order.
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Knowledge of Unauthorized Use or Possession.

If a party receiving

15 Confidential Information or Highly Confidential Information (“Receiving Party”) learns of any
16 unauthorized possession, knowledge, use or disclosure of any Confidential Information or
17 Highly Confidential Information, the Receiving Party shall immediately notify in writing the
18 party that produced the Confidential Information or Highly Confidential Information (the
19 “Producing Party”). The Receiving Party shall promptly furnish the Producing Party the full
20 details of such possession, knowledge, use or disclosure, shall make all reasonable efforts to
21 retrieve the improperly disclosed information and to prevent further disclosure by each
22 unauthorized person who received such information.

With respect to such unauthorized

23 possession, knowledge, use or disclosure the Receiving Party shall assist the Producing Party in
24 preventing its recurrence.
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Copies, Summaries or Abstracts. Any copies, summaries, abstracts or exact

26 duplications of Confidential Information or Highly Confidential Information shall be marked
27 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” and shall be considered Confidential
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1 Information or Highly Confidential Information subject to the terms and conditions of this
2 Protective Order.

Attorney-client communications and attorney work product regarding

3 Confidential Information or Highly Confidential Information shall not be subject to this Section,
4 regardless of whether they summarize, abstract, paraphrase, or otherwise reflect Confidential
5 Information or Highly Confidential Information. This Order shall not bar or otherwise restrict
6 any attorney of record from rendering advice to his or her client with respect to this litigation,
7 and referring to or relying generally upon his or her examination of Discovery Material
8 designated as Confidential or Highly Confidential, provided, however, that in communicating
9 with his or her client, the attorney shall not disclose the content or source of such Discovery
10 Material contrary to the terms of this Order.

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

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16.

Order shall not be construed to apply to any information or materials that:
(a)

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and that the Receiving Party is not otherwise obligated to treat as confidential;
(b)

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Receiving Party without restriction or obligation of confidentiality;
(c)

Information;
(d)

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Have been or become part of the public domain by publication or

otherwise and not due to any unauthorized act or omission on the part of a Receiving Party; or
(e)

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Were independently developed after the time of disclosure by personnel

who did not have access to the Producing Party's Confidential or Highly Confidential

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Were obtained without any benefit or use of Confidential or Highly

Confidential Information from a third party having the right to disclose such information to the

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Were lawfully in the Receiving Party’s possession prior to such

information being designated as Confidential or Highly Confidential Information in this action,

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Information Not Confidential. The restrictions set forth in this Protective

17.

Under law, have been declared to be in the public domain.

Challenges to Designations.

Any party may object to the designation of

Confidential Information or Highly Confidential Information on the ground that such
information does not constitute Confidential Information or Highly Confidential Information by
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1 serving written notice upon counsel for the Producing Party, specifying the item(s) by Bates
2 number. The parties shall attempt to resolve each challenge in good faith through a meet and
3 confer (as defined in LR IA 1-3(f)) to be initiated by the Producing Party within 14 days of the
4 date of service of the notice.

If the parties cannot resolve a challenge without court

5 intervention, the Producing Party shall file and serve a motion to retain confidentiality within 21
6 days of the initial notice of challenge or within 14 days of the parties agreeing that the meet and
7 confer process will not resolve their dispute, whichever is earlier. Failure by the Producing
8 Party to make such a motion (including the declaration required under LR II 26-7) within 21
9 days (or 14 days, if applicable) shall automatically waive the confidentiality designation for
10 each challenged designation. The burden of persuasion in any such challenge proceeding shall

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 be on the Producing Party.

Unless the Producing Party has waived the confidentiality

12 designation by failing to file a motion to retain confidentiality as described above, all parties
13 shall continue to afford the material in question the level of protection to which it is entitled
14 under the Producing Party’s designation until the Court rules on the motion.
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18.

Use in Court.

If any Confidential Information or Highly Confidential

Information is used in any pretrial Court proceeding in this action, it shall not necessarily lose
its confidential status through such use, and the party using such information shall take all
reasonable steps to maintain its confidentiality during such use.
19.

No Waiver.

This Protective Order is entered solely for the purpose of

facilitating the exchange of documents and information among the parties to this action without
involving the Court unnecessarily in the process. Nothing in this Protective Order nor the
production of any information or document under the terms of this Protective Order, nor any
proceedings pursuant to this Protective Order shall be deemed to be a waiver of any rights or
objections to challenge the authenticity or admissibility of any document, testimony or other
evidence at trial. Additionally, this Protective Order will not prejudice the right of any party or
nonparty to oppose production of any information on the ground of attorney-client privilege;
work product doctrine or any other privilege or protection provided under the law. Entry of this
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1 Protective Order does not preclude any party from seeking or opposing additional protection for
2 particular information.
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20.

Reservation of Rights. The Parties each reserve (1) the right to seek or oppose

4 additional or different protection for particular information, documents, materials, items or
5 things; and (2) the right to object to the production, disclosure and/or use of any information,
6 documents, materials, items and/or things that a Party designates or marks as containing
7 Confidential Information on any other ground(s) it may deem appropriate, including, without
8 limitation, on the ground of attorney-client privilege, work product, and/or any other privilege
9 or protection provided under applicable law. This Stipulation shall neither enlarge nor affect
10 the proper scope of discovery in this Action. In addition, this Stipulation shall not limit or

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 circumscribe in any manner any rights the Parties (or their respective counsel) may have under
12 common law or pursuant to any state, federal, or foreign statute or regulation, and/or ethical
13 rule.
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21.

Inadvertent Failure to Designate.

The inadvertent failure to designate

15 information produced in discovery as Confidential or Highly Confidential shall not be deemed,
16 by itself, to be a waiver of the right to so designate such discovery materials as Confidential
17 Information or Highly Confidential Information. Within a reasonable time of learning of any
18 such inadvertent failure, the Producing Party shall notify all receiving parties of such
19 inadvertent failure and take such other steps as necessary to correct such failure after becoming
20 aware of it. Disclosure of such discovery materials to any other person prior to later designation
21 of the discovery materials in accordance with this Section shall not violate the terms of this
22 Protective Order.

However, immediately upon being notified of an inadvertent failure to

23 designate, all parties shall treat such information as though properly designated and take any
24 actions necessary to prevent any unauthorized disclosure subject to the provisions of Section 17,
25 including seeking retrieval or destruction of any copies distributed to unauthorized individuals,
26 and destroying copies of documents that have been replaced with the proper designation.
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22.

No Waiver of Privilege: Inadvertent disclosure (including production) of

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1 information that a party or non-party later claims should not have been disclosed because of a
2 privilege, including, but not limited to, the attorney-client privilege or work product doctrine
3 (“Privileged Information”), shall not constitute a waiver of, or estoppel as to, any claim of
4 attorney-client privilege, attorney work product, or other ground for withholding production as
5 to which the Disclosing or Producing Party would be entitled in the Litigation. Promptly upon
6 learning of the inadvertent disclosure, however, the Producing Party must notify the Receiving
7 Party of the inadvertent production and request return, sequestration, or destruction of
8 documents.
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23.

Effect of Disclosure of Privileged Information: The Receiving Party hereby

10 agrees to return, sequester, or destroy any Privileged Information disclosed or produced by

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 Disclosing or Producing Party upon request; but doing so shall not preclude the Receiving Party
12 from seeking to compel production of those materials, nor constitute an admission that the
13 materials were, in fact, privileged, and the Producing Party must preserve any such documents.
14 If the Receiving Party reasonably believes that Privileged Information has been inadvertently
15 disclosed or produced to it, it shall promptly notify the Disclosing or Producing Party and
16 sequester such information until instructions as to disposition are received.
17

24.

Inadvertent Production of Non-Discoverable Documents.

If a Producing

18 Party inadvertently produces a document that contains no discoverable information, the
19 Producing Party may request in writing that the Receiving Party return the document, and the
20 Receiving Party will return the document. A Producing Party may not request the return of a
21 document pursuant to this paragraph if the document contains any discoverable information. If
22 a Producing Party inadvertently fails to redact personal information (for example, a social
23 security number), the Producing Party may provide the Receiving Party a substitute version of
24 the document that redacts the personal information, and the Receiving Party shall destroy or
25 return the original, unredacted document to the Producing Party.
26

25.

Return of Information.

Within thirty (30) calendar days after the final

27 disposition of this action, all Confidential Material and/or Highly Confidential Material
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Case 2:18-cv-00585-RFB-GWF Document 36 Filed 08/13/18 Page 14 of 17

1 produced by an opposing party or non-party (including, without limitation, any copies, extracts
2 or summaries thereof) as part of discovery in this action shall be destroyed by the parties to
3 whom the Confidential Material and/or Highly Confidential Material was produced, and each
4 counsel shall, by declaration delivered to all counsel for the Producing Party, affirm that all
5 such Confidential Material and/or Highly Confidential Material (including, without limitation,
6 any copies, extracts or summaries thereof) has been destroyed; provided, however, that each
7 counsel shall be entitled to retain pleadings, motions and memoranda in support thereof,
8 declarations or affidavits, deposition transcripts and videotapes, or documents reflecting
9 attorney work product or consultant or expert work product, even if such material contains or
10 refers to Confidential Material and/or Highly Confidential Material, but only to the extent

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 necessary to preserve a litigation file with respect to this action.
12

26.

Attorneys’ Fees. Nothing in this Protective Order is intended to either expand

13 or limit a prevailing Party’s right under the Federal Rules of Civil Procedure or other applicable
14 state or federal law to pursue costs and attorney's fees incurred related to confidentiality
15 designations or the abuse of the process described herein.
16

27.

Injunctive Relief Available. Each party acknowledges that monetary remedies

17 may be inadequate to protect each party in the case of unauthorized disclosure or use of
18 Confidential Information or Highly Confidential Information that the Receiving Party only
19 received through discovery in this action and that injunctive relief may be appropriate to protect
20 each party’s rights in the event there is any such unauthorized disclosure or use of Confidential
21 Information or Highly Confidential Information.
22

28.

Other Actions And Proceedings. If a Receiving Party (a) is subpoenaed in

23 another action or proceeding, (b) is served with a demand in another action or proceeding in
24 which it is a party, or (c) is served with any legal process by one not a party to this Protective
25 Order, seeking materials which were produced or designated as Confidential of Highly
26 Confidential pursuant to this Protective Order, the Receiving Party shall give prompt actual
27 written notice by email or mail to counsel of record for such Producing Party within five (5)
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Case 2:18-cv-00585-RFB-GWF Document 36 Filed 08/13/18 Page 15 of 17

1 business days of receipt of such subpoena, demand or legal process or such shorter notice as
2 may be required to provide other parties with the opportunity to object to the immediate
3 production of the requested discovery materials to the extent permitted by law. The burden of
4 opposing enforcement of the subpoena shall fall upon the party or non-party who produced or
5 designated the Discovery Material as Confidential or Highly Confidential Information. The
6 party receiving the subpoena shall not produce any documents in response to the subpoena until
7 the party whose Discovery Material was produced in this case has reasonable time to seek court
8 protection from such production in response to the subpoena in the action or proceeding.
9

29.

Execution in Counterparts.

This Protective Order may be signed in

10 counterparts, and a fax or “PDF” signature shall have the same force and effect as an original

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 ink signature.
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///
///
///

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Case 2:18-cv-00585-RFB-GWF Document 36 Filed 08/13/18 Page 16 of 17

1

30.

Order Survives Termination.

This Protective Order shall survive the

2 termination of this action, and the Court shall retain jurisdiction to resolve any dispute
3 concerning the use of information disclosed hereunder.
4
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10

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11
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14

HOLLAND & HART LLP

EVANS FEARS & SCHUTTERT LLP

By:

By:

/s/ J. Stephen Peek, Esq.
J. Stephen Peek, Esq.
Nevada Bar No. 1758
Robert J. Cassity, Esq.
Nevada Bar No. 9779
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

Andrew Z. Weaver, Esq. (pro hac vice)
Polsinelli PC
1000 Louisiana Street, 53rd Floor
Houston, TX 77002

Attorneys for Defendants Aruze Gaming
America, Inc. and Kazuo Okada
Jeffrey S. Love, Esq. (pro hac vice)
Klarquist Sparkman, LLP
121 SW Salmon St., Ste. 1600
Portland, OR 97204

/s/ Jay J. Schuttert, Esq.
Jay J. Schuttert, Esq.
Nevada Bar No. 8656
David W. Gutke, Esq.
Nevada Bar No. 9820
2300 West Sahara Avenue, Suite 900
Las Vegas, NV 89102

Attorneys
for
Plaintiff
Universal Entertainment Corporation

15 Attorneys for Defendant Aruze Gaming
America, Inc.
16
17

IT IS SO ORDERED.

ORDER

18
19
20

_____________________________________
UNITED STATES DISTRICT COURT JUDGE/
UNITED STATES MAGISTRATE JUDGE

21
22

8-14-2018
DATED: _______________________________

23

CASE NO.: 2:18-cv-00585-RFB-GWF

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Case 2:18-cv-00585-RFB-GWF Document 36 Filed 08/13/18 Page 17 of 17

1

EXHIBIT A

2

CONFIDENTIALITY AGREEMENT

3

I, ______________________________ do hereby acknowledge and agree, under

4 penalty of perjury, as follows:
5

1.

I have read the Stipulated Confidentiality Agreement and Protective Order (“the

6 Protective Order”) entered in Universal Entertainment Corp. v. Aruze Gaming America, Inc.,
7 Case No. 2:18-cv-00585-RFB-GWF on __________________, 20_____, and I fully understand
8 its contents.
9

2.

I hereby agree and consent to be bound by the terms of the Protective Order and to

10 comply with it in all respects, and to that end, I hereby knowingly and voluntarily submit and subject

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Phone: [phone] ♦ Fax: [phone]

11 myself to the personal jurisdiction of the United States District Court for the District of Nevada so that
12 the said court shall have the power and authority to enforce the Protective Order and to impose
13 appropriate sanctions upon me for knowingly violating the Protective Order, including punishment for
14 contempt of court for a knowing violation of the Protective Order.
15

3.

I understand that by signing this instrument, I will be eligible to receive

16 “Confidential Information” and/or “Highly Confidential Information” under the terms and
17 conditions of the Protective Order.

I further understand and agree that I must treat any

18 “Confidential Information” and/or “Highly Confidential Information” in accordance with the
19 terms and conditions of the Protective Order, and that, if I should knowingly make a disclosure
20 of any such information in a manner unauthorized by the Protective Order, I will have violated a
21 court order, will be in contempt of court, and will be subject to punishment by the court for such
22 conduct.
DATED: __________________, _____.
23

__________________________________
(Signature)

24

__________________________________
(Printed Name)

25

__________________________________
__________________________________

26
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(Address)

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