Szymborski v. Ormat Technologies, Inc. et al

Filing 75

PROTECTIVE ORDER re 74 Confidentiality Agreement and Protective Order. Signed by Magistrate Judge Robert A. McQuaid, Jr. on 7/1/2011. (Copies have been distributed pursuant to the NEF - HJ)

Case 3:10-cv-00132-ECR-RAM Document 74

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Filed 06/30/11 Page 1 of 18

HOLLAND & HART LLP
Matthew B. Hippler
Nevada State BarNo. 7015
[e-mail]
Tamara Jankovic
'Nevada Bar No. 9840
[e-mail]
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511
Telephone [phone]
Facsimile [phone]

K.ATTEN MUCHIN ROSENMAN LLP
Bruce G. Vanyo
[e-mail]
(admitted pro hac vice)
Richard H. Zelichov
[e-mail]
(admi tted pro hac vice)
2029 Century Park East, Suite 2600
Los Angeles, California 90067-3012
Telephone [phone]
Facsimile [phone]

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Attorneys for Defendants
Ormat Technologies, Inc.,
Yehudit Bronicki and Joseph Tenne

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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WAYNE SZYMBORSKI, On Behalf of
Himself and An Others Similarly Situated,

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CASE NO.: 3:10-CV-00132-ECR-RAM
CONFIDENTIALITY AGREEMENT AND
PROTECTIVE ORDER

Plaintiff,
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vs.

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ORMAT TECHNOLOGIES, INC.,
YEHUDIT BRONICKI, JOSEPH TENNE,

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Defendants.
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Case 3:10-cv-00132-ECR-RAM Document 74

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PAUL STEBELTON, On Behalf of Himself
and All Others Similarly Situated,

vs.

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CASE NO: 3:10-CV-00156-ECR-RAM

Plaintiff,

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Filed 06/30/11 Page 2 of 18

ORMAT TECHNOLOGIES, INC., JOSEPH
TENNE, YEHUDIT BRONICKI, YO RAM
BRONICKI, LUCIEN Y. BRONICKI, DAN
F ALK, JACOB J. WORENKLEIN, ROGER
W. GALE, ROBERT F. CLARKE,

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Defendants.
JOHN J. CURTIS, On Behalf of Himself
and All Others Similarly Situated,
Plaintiff,

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vs.

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ORMAT TECHNOLOGIES, INC., JOSEPH
TENNE, YEHUDIT BRONICKI,
Defendants.

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CASE NO. 3:10-CV-00198-ECR-RAM

Case 3:10-cv-00132-ECR-RAM Document 74

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PURPOSES AND LIMITATIONS

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Disclosure and discovery activity in this action may involve production of confidential,

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proprietary, or private information for which special protection from public disclosure and from use

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for any purpose other than prosecuting or defending this litigation would be warranted.

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Accordingly, the parties hereby stipulate to and petition the Court to enter the following Protective

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Order ("Order"). The parties acknowledge that this Order does not confer blanket protections on all

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disclosures or responses to discovery and that the protection it affords -extends only to the limited

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information or items that are entitled under the applicable legal principles to treatment as

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confidential.

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2.

DEFINITIONS

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2.1

Party: Any party to this action, including all of its officers, directors, employees,

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consultants, retained experts, and outside counsel (and their support staff).
2.2

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Disclosure or Discovery Material:

All items or information, regardless of the

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medium or manner generated, stored, or maintained (including, among other things, testimony,

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transcripts, or tangible things) that are produced or generated in disclosures or responses to

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discovery in this matter.

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2.3

"Confidential" Information or Items:

Information (regardless of how generated,

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stored or maintained) or tangible things that qualify for protection under standards developed under

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Fed. R. Civ. P. 26(c).

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2.4

"Highly Confidential" Information or Items:

Extremely sensitive "Confidential

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Information or Items" whose disclosure to another Party or non-party would create a substantial risk

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of serious injury that could not be avoided by less restrictive means.

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2.5

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Producing Party.

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2.6

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Receiving Party:

Producing Party:

A Party that receives Disclosure or Discovery Material from a

A Party or non-party that produces Disclosure or Discovery

Material in this action.

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2.7

Designating Party: A Party or non-party that designates information or items that it

"'---'''"28''-deems-as-''Confidential''--or'-'Highly-Confidential-. 12-.-- .. -.-- •.-.--.-----.--.---.~.-.,------.----------.-------..------.. -.-.,--..--.---.-..

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Case 3:10-cv-00132-ECR-RAM Document 74

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2.8

Protected Material:

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Any Disclosure or Discovery Material that is designated as

"Confidential" or "Highly Confidential."

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2.9

Outside Counsel: Attorneys who are not employees of a Party but who are retained to

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represent or advise a Party in this action, including independent contract attorneys and third-party

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investigators hired by outside counsel who have signed the "Agreement to Be Bound By Protective

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Order" (Exhibit A).

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2.10

In-House Counsel: Attorneys who are employees of a Party.

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2.11

Counsel (without qualifier): Outside Counsel and In-House Counsel (as well as their

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support staffs).

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2.12

Expert and/or Consultant: A person with specialized knowledge or experience in a

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matter pertinent to the litigation who has been retained by a Party or its Counsel to serve as an expert

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witness or as a consultant in this action.

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consultant retained in connection with this litigation.

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2.13

Professional Vendors:

This definition includes a professional jury or trial

Persons or entities that provide litigation support services

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(e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing,

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storing, retrieving data in any form or medium; etc.) and their employees and subcontractors.

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3.

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The protections conferred by this Order cover not only Protected Material (as defined above),

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but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or

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compilations thereof, plus testimony, conversations, or presentations by parties or counsel to or in

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court or in other settings that might reveal Protected Material.

SCOPE

DURATION

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4.

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Even after the termination of this litigation, the confidentiality obligations imposed by this

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Order shall remain in effect until a Designating Party agrees otherwise in writing or a Court order

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otherwise directs.

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5.

DESIGNATING PROTECTED MATERIAL

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5.1

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

,--------------""'-7°"-28- -non"'party-that--designates--infolmation--or--items,for-proteetion,-under-this-Order-musttake-Gare-to--limit

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any such designation to specific material that qualifies under the appropriate standards.

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Designating Party must take care to designate for protection only those parts of material, documents,

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items, or oral or written communications that qualify -

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documents, items, or communications for which protection is not warranted are not swept

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unjustifiably within the ambit of this Order.

so that other portions of the material,

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If it comes to a Party's or a non-party's attention that information or items that it designated

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for protection do not qualify for protection at all, or do not qualify for the level of protection initially

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asserted,

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mistaken designation.

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~hat

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Party or non-party must promptly notify all other parties that it is withdrawing the

Manner and Timing of Designations: Except as otherwise provided in this Order, or

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as otherwise stipulated or ordered, material that qualifies for protection under this Order must be

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clearly so designated before the material is disclosed or produced.

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(a)

Information in documentary form (apart from transcripts of depositions or

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other pretriai proceedings). To designate information in documentary form as Protected Material,

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the Producing Party shall affix the legend "Confidential" or "Highly Confidential" at the top or

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bottom of each page that contains protected material.

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A Party or non-party that makes original documents or materials available for inspection

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need not designate them for protection, until after the inspecting Party has indicated which material

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it would like copied and produced. During the inspection and before the designation, all of the

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material made available for inspection shall be deemed "Highly Confidential." After the inspecting

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Party has identified the documents it wants copied and produced, the Producing Party must

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determine which documents, or portions thereof, qualify for protection under this Order. Then,

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before producing the specified documents, the Producing Party must affix the appropriate legend

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("Confidential or "Highly Confidential") at the top or bottom of each page that contains Protected

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Material.

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In the event that a Party believes that documents produced by another Party or non-party

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should be subject to the terms of this Order, that Party shall have the right to designate such

"c~--'---~--7"'';'28- -doc-uments-a:seither-"Confidential''>'cor-''Highly···ConildentiaI:~L-Within-30-days·-of-receipt--(Jf-such---

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documents, the Designating Party shall provide notice to all other Parties and the producing non-

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party of such designation.

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possession of designated information shall affix the appropriate legend ("Confidential or "Highly

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Confidential") at the top or bottom of each page that contains Protected Material.
(b)

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After receiving this notice, each Party or producing non-party in

Testimony given in deposition or in other pretrial proceedings. To designate

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testimony given in deposition or in other pretrial proceedings as Protected Material, a Party or non-

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party offering or sponsoring the testimony shall identify on the record, before the close of the

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deposition, hearing, or other proceeding, all protected testimony. When it is impractical to identify

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separately each portion of testimony that is entitled to protection, and when it appears that

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substantial portions of the testimony may qualify for protection, a Party or non-party that sponsors,

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offers, or gives the testimony may invoke on the record (before the deposition or proceeding is

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concluded) a right to have up to 25 days after receipt of the transcript to identify the specific portions

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of the testimony as to which protection is sought and to specify the level of protection being

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asserted. Only those portions of the testimony that are appropriately designated for protection within

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the 25 days after receipt of the transcript shall be covered by the provisions of this Order.

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Transcript pages containing Protected Material must be separately bound by the court

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reporter, who must affix to the top of each such page the legend "CONFIDENTIAL" or "HIGHLY

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CONFIDENTIAL," as instructed by the Party or non-party designating the testimony.

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(c)

Information produced in some form other than documentary, and any other

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tangible items. To designate information produced in some form other than documentary and other

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tangible items as Protected Material, the Producing Party shall affix in a prominent place on the

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exterior of the container or containers in which the information or item is stored the legend

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"Confidential" or "Highly Confidential."

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In the event that a Party believes that such information produced by another Party or non-

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party should be subject to the terms of this Order, that Party shall have the right to designate such

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information as either "Confidential" or "Highly Confidential." Within 30 days of receipt of such

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information, the Designating Party shall provide notice to all other Parties and the producing non-

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possession of designated information shall affix the appropriate legend ("Confidential or "Highly

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Confidential") in a prominent place on the exterior of the item that contains Protected Material.
5.3

Inadvertent Failures to Designate:

If timely corrected within 25 days after

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production, an inadvertent failure to designate qualified information or items as "Confidential" or

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"Highly Confidential" does not, standing alone, waive the Designating Party's right to secure

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protection under this Order for such material.

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"Confidential" or "Highly Confidential" after the material was initially produced, the Receiving

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Party, on timely notification of the designation, must make reasonable efforts to assure that the

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material is treated in accordance with the provisions of this Order. This section does not apply,

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- however, to testimony given in a deposition or in other pre-trial or trial proceedings that is not

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If material is appropriately designated as

designated within 25 days after receipt of the transcript, as provided in Section 5.2(b).

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6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS

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6.1

Timing of Challenges:

Unless a prompt challenge to a Designating Party's

to

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confidentiality designation is necessary

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economic burdens, or a later significant disruption or delay of the litigation, a Party does not waive

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its right to challenge a confidentiality designation by electing not to mount a challenge promptly

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after the original designation is disclosed.
6.2

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Meet and Confer:

avoid -foreseeable substantial unfairness, unnecessary

A Party that elects to initiate a challenge to a confidentiality

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designation must do so in good faith and must include conferring directly with Counsel for the

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Designating Party. In conferring the challenging Pmty must explain the basis for its belief that .the

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confidentiality designation was not proper and must give the Designating Party an opportunity to

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review the designated material, to reconsider the circumstances, and, if no change in designation is

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offered, to explain the basis for the chosen designation. A challenging Party may proceed to the next

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stage of the challenge process only if it has engaged in this meet and confer process first. Absent

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good cause, such as a large number of disputed documents for the pmties to analyze, the parties shall

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have ten days from the initial notification of a challenge to complete the meet and confer process.
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Judicial Intervention: If the challenging party and the Designating Party are unable to

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above, the challenging party may elect to chal1enge the confidentiality designation by filing a

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discovery motion as provided in the Local Court Rules. Each such motion must be accompanied by

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a statement that affirms that the movant has complied with the meet and confer requirements

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imposed in the preceding paragraph.

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The burden of persuasion in any such, challenge proceeding shall be on the Designating

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Party. Notwithstanding any challenge to the designation of material as Protected Material, all such

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documents shall be treated as such and shall be subject to the provisions hereof unless and until one

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of the following occurs: (a) the Designating Party withdraws such designation in writing to all

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Parties and no other Party has designated that material as Protected Material; or (b) the Court rules

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the material is not Protected Material.

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7.

ACCESS TO AND USE OF PROTECTED MATERIAL

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7.1

Basic Principles: A Receiving Party may use Protected Material that is disclosed or

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produced by another Party or by a non-party in connection with this case only for prosecuting,

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defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to

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the categories of persons and under the conditions described in this Order. When the litigation has

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been terminated, a Receiving Party must comply with the provisions of Section II below.
Protected Material must be stored and maintained by a Receiving Party at a location and in a

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secure manner that ensures that access is limited to the persons authorized under this Order.
7.2

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Disclosure of "Confidential" Information or Items. Unless otherwise ordered by the

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Court or permitted in writing by the Designating Party, a Receiving Party may disclose any

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information or item designated "Confidential" only to:
(a)

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the Receiving P311y's Outside Counsel of record in this action, as well as

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employees of said Counsel to whom it is reasonably necessary to disclose the information for this

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litigation and who have signed the "Agreement to Be Bound By Protective Order" that is attached

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hereto as Exhibit A;

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(b)

the officers, directors, and employees (including In-House Counsel) of the

Receiving Party and Producing Party to whom disclosure is reasonably necessary for this litigation

---------------'---'028----- -ahd -who have signed the

«Agreement -to Be-BoundBy--Protective -Order??--(E-xhibit-A);------------------------- --------"~'"""

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(c)

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experts and/or Consultants of the Receiving Party to whom disclosure is

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reasonably necessary for this litigation and who have signed the "Agreement to Be Bound By

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Protective Order" (Exhibit A);

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(d)

the Court and its personnel;

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(e)

court reporters or videographers and their staff, mediators and their staff, and

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Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have

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signed the "Agreement to Be Bound By Protective Order" (Exhibit A);
(f)

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the author, addressees or recipients of the document.

Disclosure of "Highly Confidential" Information or Items. Unless otherwise ordered

7.3

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by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any

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information or item designated "Highly Confidential" only to:
(a)

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the Receiving Party's Outside Counsel of record in this action, as well as

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employees of said Outside Counsel to whom it is reasonably necessary to disclose the information

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for the litigation and who have signed the "Agreement to Be Bound by Protective Order"(Exhibit

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A);
(b)

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experts and/or Consultants of the Receiving Party to whom disclosure is

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reasonably necessary for this litigation and who have signed the "Agreement to Be Bound By

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Protective Order" (Exhibit A);

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(c)

the Court and its personnel;

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(d)

court reporters or videographers and their staff, mediators and their staff, and

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Professional Vendors to whom dis,closure is reasonably necessary for this litigation and who have

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signed the "Agreement to Be Bound By Protective Order" (Exhibit A); and
(e)

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the author, addressees, or recipient of the document.

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If the Designating Party and Counsel questioning such deposition witness cannot agree as to

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whether the "Highly Confidential" materials may be shown to the witness, the examining party may

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seek relief from the Court pursuant to Section 6 herein, and may not show the materials at issue to

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the witness pending the Court's decision.
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PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION

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If a Receiving Party is served with a subpoena or an order issued in other litigation that

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would compel disclosure of any information or items designated in this action as "Confidential" or

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"Highly Confidential" the Receiving Party must so notifY the Designating Party, in ·writing (by

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email, if possible) immediately and in no event more than five court days after receiving the

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subpoena or order. Such notification must include a copy of the subpoena or court order.

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The Receiving Party also must immediately inform in writing the litigant who caused the

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subpoena or order to issue in the other litigation that some or all the material covered by the

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subpoena or order is the subject of this Order. In addition, the Receiving Party must deliver a copy

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of this Order promptly to the litigant in the other action that caused the subpoena or order to issue.

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The purpose of imposing these duties is to alert the interested parties to the existence of this

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Order and to afford the Designating Party in this case an opportunity to try to protect its

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confidentiality interests in the court from which the subpoena or order issued. The Designating

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Party shall bear the burdens and the expenses of seeking protection in that court of its confidential

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material -

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Receiving Party in this action to disobey a lawful directive from another court.

and nothing in these provisions should be construed as authorizing or encouraging a

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9.

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If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

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Material to any person or in any circumstance not authorized under this Order, the Receiving Party

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must immediately (a) notify in writing the Designating Party of the unauthorized disclosures, (b) use

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its best efforts to retrieve all copies of the Protected Material, (c) inform the person or persons to

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whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person

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or persons to agree to execute the "Acknowledgment and Agreement to Be Bound" that is attached

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hereto as Exhibit A.

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10.

FILING PROTECTED MATERIAL

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10.1

No Party or non-party shall file any Protected Material with the Court without either

'-'--··-···-···---'~'·28-·-·fitst

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

-obtaini"ng-"leave-of·courtorcontel11poraneously--filingarequestto·filethe-ProtectedMaterial· ........._,.

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under seal. Any Party or non-party making a contemporaneous request to file a document under seal

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must electronically file a redacted version of the document electronically and must lodge a full copy

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of the document (including the Protected Material) manually both with the Clerk and with the Court

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in sealed envelope that provides the case caption and name of the document in accordance with L.R.

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10-2 and prominently indicates "DOCUMENT SUBMITTED UNDER SEAL FOR REVIEW IN

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CAMERA."

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10.2

The Party or non-party requesting to file a document under seal shall have the burden

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of showing good cause in the case of non-dispositive motions (or documents in support of non-

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dispositive motions) or a compelling reason in the case of dispositive motions (or documents in

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support of dispositive motions) why the document should be filed under seal in order to overcome

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the presumption in favor of public access to papers filed in court EXCEPT THAT if the Party or

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non-party requesting to file a document under seal is not the party that designated the material as

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Protected Material then the Designating Party bears such burden by filing a request to file the

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document under seal within 14 days after the non-Designating Party has filed and/or lodged the

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Protected Material.

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10.3

Any request to file Protected Material under seal shall itself be filed under seal and

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the request must be lodged manually both with the Clerk and with the Court in sealed envelope that

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provides the case caption and name of the document in accordance with L.R. 10-2 and prominently

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indicates "REQUEST TO FILE DOCUMENT UNDER SEAL FOR REVIEW IN CAMERA."
10.4

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Nothing in this Order shall prevent a Party from using Protected Material for which it

is the Designating Party in any manner it chooses.

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the final termination of this action, including appellate litigation or the time period therefore, each

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Receiving Party must return all Protected Material to the Producing Party or destroy such material, at

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the Receiving Party's option. As used in this subdivision, "all Protected Material" includes all

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. .----.----

Unless otherwise ordered or agreed in writing by the Producing Party, within 90 days after

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:.-~

11.

FINAL DISPOSITION

copies, abstracts, compilations, summaries or any other form of reproducing or capturing any of the

·······-;·'~··~:~··28

. .-.- -'Protected ····Material·~···-W·hether·-th·e·--Prote"Cted-···MateriaI"is "returned---of"'-destroyed;" tl1e"'Receiving-"Party-

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must submit a written certification to the Producing Party (and, if not the same person or entity, to

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the Designating Party) by the 90 day deadline that identifies (by category, where appropriate) all the

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Protected Material that was returned or destroyed and that affinns that the Receiving Party has not

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retained any copies, abstracts, compilations, summaries or other fonns of reproducing or capturing

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any of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an

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archival copy of all pleadings, motion papers, transcripts, legal memoranda, correspondence or

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attorney work product, even if such materials contain Protected Material. Any such archival copies

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that contain or constitute Protected Material remain subject to this Order as set forth in Section 4,

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above.

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12.

MISCELLANEOUS

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12.1

Right to Further Relief: Nothing in this Order abridges the right of any person to seek

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modification of this Order by proper application to the Court on notice to the other Party hereto for

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good cause.

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12.2

Right to Assert Other Objections: By stipulating to the entry of this Protective Order

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no Party waives any right it otherwise would have to object to disclosing or producing any

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information or item on any ground not addressed in this Order. Similarly, no Party waives any right

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to object on any ground to use in evidence of any of the material covered by this Order.
12.3

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No Waiver:

Entering into, agreeing to, and/or producing or receiving material

designated as "Confidential," or otherwise complying with the terms of this Order shall not:
(a)

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Operate as an admission by any Party that any particular material designated

2]

as Protected Material constitutes or does not constitute trade secrets, proprietary or commercially

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sensitive information, or any other type 6fProtected Material;
(b)

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Operate as an admission by any Party that the restrictions and procedures set

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forth herein constitute or do not constitute adequate protection for any particular information deemed

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by any Party to be Protected Material;
(c)

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Prejudice in any way the rights of the Parties to object to the production of

documents they consider not subject to discovery;

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--.... ---.----.------- ..------ ... -:-.-.... _._-. __...._.-----:'.•.._--;---.-... -.................

Case 3:10-cv-00132-ECR-RAM Document 74

(d)

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Filed 06/30/11 Page 13 of 18

Prejudice in any way the rights of any Party to object to the authenticity or

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admissibility into evidence of any document, testimony, or other evidence subject to this Protective

3

Order;
(e)

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whether any information or material should be subject to the terms of this Protective Order;
(f)

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(g)

Prevent the Parties to this Order from agreeing in writing or on the record

during a deposition or hearing in this action to alter or waive the provisions or protections provided
for herein with respect to any particular information or material;
(h)

Limit a Party's ability to grant non-parties access to its own documents and/or

(i)

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12

Prejudice in any way the rights of a Party to petition the Court for a further

protective order relating to any purportedly Protected Material;

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9

Prejudice in any way the rights of a Party to seek a determination by the Court

Be deemed to waive any applicable privilege or work product protection, or to

information;

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affect the ability of a Party to seek relief for an inadvertent disclosure of material protected by

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privilege or work product protection; and/or

G)

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Prevent a Party or third Party from objecting to discovery which it believes to

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be improper, including objections based upon the privileged, confidential, or proprietary nature of

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the Protected Material requested.

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12.4

Subject to Jurisdiction:

All persons who have access to information or material

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designated as Protected Material under this Order acknowledge that they are bound by this Order

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and submit to the jurisdiction of this Court for the purposes of enforcing this Protective Order.

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However, this Order has no effect upon, and shall not apply to, a Producing Party's use of its own

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Protected Material for any purpose.

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Case 3:10-cv-00132-ECR-RAM Document 74

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Filed 06/30/11 Page 14 of 18

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: June~, 2011

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BERNSTEIN LIEBHARD LLP

4

5
6

U. Seth Ottensoser
[e-mail]
Michael S. Bigin
[e-mail]
10 East 40 th Street, 22 nd Floor
New York, NY 10016
Telephone: [phone]

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8

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10

GLANCY BINKOW & GOLDBERG LLP

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12

By: _ _ _ _ _ _ _ _ _ _ _ _ __
Lionel Z. Glancy
[e-mail]
Michael Goldberg
[e-mail]
Coby Turner
[e-mail]
180 1 Avenue of the Stars, Suite 311
Los Angeles, CA 90067
Telephone: [phone]

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]5
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LAW OFFICES OF MARK WRA Y
Mark Wray
[e-mail]
608 Lander Street
Reno, Nevada 89509
Telephone: [phone]

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Attorneys for Lead Plaintiff and Co-Lead Counsel

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.... --'--'---"._"-"2 8'- ........

.

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Case 3:10-cv-00132-ECR-RAM Document 74

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

1
2

Filed 06/30/11 Page 15 of 18

DATED: June~ 2011

3
BERNSTEIN LIEBHARD LLP

4

5
By:. _ _ _ _ _ _ _ _ _ _ _ _ __
U. Seth Ottensoser
[e-mail]
Michael S. Bigin
[e-mail]
10 East 40 th Street, 22nd Floor
New York, NY 10016
Telephone: [phone]

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7
8

9

10

GLANCY BINKOW & GOLDBERG LLP

11

e~<"<'

12
By:
13

j
1·

:;

~

V

/'/

Lionel Z. Glan6y
[e-mail]
Michael Goldberg
[e-mail]
CobyTumer
[e-mail]
1801 Avenue of the Stars, Suite 311
Los Angeles, CA 90067
Telephone: [phone]·

.14
15

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17

18

LAW OFFICES OF MARK WRAY
MarkWray
[e-mail]
608 Lander Street
Reno, Nevada 89509
Telephone: [phone]

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22

Attorneys for Lead Plaintiff and Co-Lead Counsel

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28

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Case 3:10-cv-00132-ECR-RAM Document 74

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Filed 06/30/11 Page 16 of 18

ROSENMAN LLP

DATED: June3£), 2011

2

3
ruce G. Vanyo
ichard H. Zelichov
2029 Century Park East, Suite 2600
Los Angeles, California 90067
Telephone: (310) 788 ..4400
Facsimile: [phone]

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5
6

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Matthew B. Hippler, Esq.
Nevada State Bar No. 7015
[e-mail]
Tamara Jankovic, Esq.
Nevada BarNo. 9840
[e-mail]
HOLLAND & HART LLP
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511
Telephone [phone]
Facsimile [phone]

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9

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13
... 14

Attorneys for Defendants Offilat Technologies, Inc.,
Yehudit Bronicki and Joseph Tenne

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19

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····~·"''''"28··---··

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Case 3:10-cv-00132-ECR-RAM Document 74

Filed 06/30/11 Page 17 of 18

ORDER

1

IT IS SO ORDERED.

2
3

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DATED: July 1, ,2011
July 2011.

5

UNITED STATESDISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE

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7

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Case 3:10-cv-00132-ECR-RAM Document 74

Filed 06/30/11 Page 18 of 18

1

EXHmITA

2

AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

I _ _ _ _ _ _ _ _ _ _ _ _ [print or type full name], of _ _ _ _ _ _ _ __

3

4

[print or type fuJI address], declare under penalty of perjury that I have read in its entirety and

5

understand the Stipulated Protective Order that was issued by the United States District Court for the

6

District of Nevada on [date] in the case of Szymborski v. Ormat Technologies, Inc., Master File No.

7

lO-CV-00132-ECR-RAM. I understand that the Stipulated Protective Order, a copy of which has

8

been given to me, prohibits me from disclosing in any manner any information or items subject to

9

the StipUlated Protective Order to any person or entity except in strict compliance with the

10

provisions of the Order. I agree to comply with and to be bound by all the terms of this StipUlated

11

Protective Order and I understand and acknowledge

12

sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in

13

any manner any information or item that is subject to this Stipulated Protective Order to any person

·····14

tha~

failure to so comply could expose me to

or entity except in strict compiiance with the provisions of this Order.

15

I further agree to submit to the jurisdiction of the United States District Court for the District

]6

of Nevada for the purpose of enforcing the terms of this Stipulated Protective Order, even if such

17

enforcement proceedings occur after termination of this action.
I hereby appoint _ _ _ _ _ _ _ _ _ _ [print or type full name] of _ _ _ _ _ __

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19

[print or type full address and telephone number] as my agent for service of process in connection

20

with this action or any proceedings related to enforcement of this Stipulated Protective Order.

21

22

Date:

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City and State where sworn
and signed:

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Printed name:

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..

.

....

Signature:

---·---'"cc·~28-

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