ENV Tech v. Suchard

Filing 108

PROTECTIVE ORDER re 106 Stipulated Confidentiality Agreement and Stipulation for Entry of Protective Order. Signed by Magistrate Judge William G. Cobb on 1/18/13. (Copies have been distributed pursuant to the NEF - JC)

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ANTHONY L. HALL, ESQ., NV Bar #5977
[e-mail]
DORA V. LANE, ESQ., NV Bar #8424
[e-mail]
HOLLAND & HART, LLP
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff ENVTECH, INC

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MARK A. GOODMAN, ESQ., NV Bar #10357
[e-mail]
GOODMAN LA W CENTER
348 Mill Street
Reno, NV 89501
Tel: [phone]
Fax: [phone]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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ENVTECH, INC., a Nevada Corporation,

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CASE No: 3:11-CV-00523-HDM-WGC

Plaintiff,
[PROPOSED] CONFIDENTIALITY
ORDER ON CONFIDENTIALITY
AGREEMENT AND STIPULATION
FOR ENTRY OF A QUALIFIED
PROTECTIVE ORDER

vs.

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TALMOR SUCHARD, an individual,
SENTRO TECHNOLOGIES, LTD., and
SENTRO TECHNOLOGIES, LLC

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Defendants.

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Plaintiff EnvTech, Inc. and Defendant Talmor Suchard ("Suchard")/ through their

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respective counsel, agree that in the course of this litigation a party may produce documents

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and information which are confidential or commercially sensitive in nature and that public

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disclosure of such information could be detrimental to the producing party's interests.

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Similarly, such confidential or commercially sensitive information may potentially be

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disclosed by written discovery, deposition testimony (to the extent taken), or in other filings

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1 Defendant Sentro Technologies, Ltd. has filed a motion to dismiss for lack of personal jurisdiction. Although
Defendant Sentro Technologies, LLC is also a party to this action, the action is currently stayed as to Sentro
Technologies, LLC because of its declaration of bankruptcy.

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with the Court.

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approval and enforcement of the Court and hereby stipulate as follows:

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1.

The parties accordingly submit this Stipulated Protective Order for the

SCOPE.

This Stipulated Protective Order shall apply to all non-public

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information and materials provided or produced by the parties in the course of the above-

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captioned litigation, whether written, oral, contained in documents or transcripts, or in any

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other form, which has in good faith been designated "Confidential" or "Attorney's Copy Only"

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in accordance with Paragraphs 2 and 3 below.

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2.

DEFINITION OF CONFIDENTIAL INFORMATION.

There will be two

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levels of confidential information-"Confidential" and "Attorney's Copy Only." A producing

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party may designate as "Confidential" such non-public documents, information, and materials

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produced by it which the producing party believes in good faith constitute, contain or reflect

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proprietary, trade secret or commercially sensitive information, that is not generally known

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and/or which the party would not normally reveal to non-parties or, if revealed to non-parties,

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would cause non-parties to maintain in confidence.

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"Attorney's Copy Only" such Confidential documents, information, and materials produced by

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it which the producing party believes in good faith constitute, contain or reflect extremely

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sensitive and highly confidential proprietary, trade secret or commercial information, for which

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the designation Confidential will not afford adequate protection under the terms of this

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Stipulated Protective Order, and that the non-producing party should not be entitled to receive

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a copy of the documents, information, or materials designated as "Attorney's Copy Only."

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A producing party may designate as

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3.

DESIGNATION.
(A)

A producing party or its counsel may designate as Confidential or

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Attorney's Copy Only any documents or other tangible things by (i) marking every page of

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such item Confidential or Attorney's Copy Only as the case may be, or (ii) sending written

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notice designating each page of such documents or each portion of such tangible things to be

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treated as Confidential or Attorney's Copy Only as the case may be.

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(B)

A producing party or its counsel may designate deposition or other

testimony provided by the producing party as Confidential or Attorney's Copy Only by any
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one of the following means: (i) stating orally on the record, with reasonable precision as to the

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affected testimony, on the day the testimony is given that the information is Confidential or

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Attorney's Copy Only, or (ii) sending written notice designating, by page and line, the portions

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of the transcript of the deposition or other testimony to be treated as Confidential or Attorney's

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Copy Only within 10 days after receipt of the transcripts.

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4.

USE

OF

CONFIDENTIAL

AND

ATTORNEY'S

COpy

ONLY

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INFORMATION. Confidential and Attorney's Copy Only documents and information shall

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not be disclosed or communicated in any fashion nor be used for any purpose other than

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preparing for and conducting this litigation, as provided for in this Stipulated Protective Order.

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However, nothing in this Stipulated Protective Order shall prevent any producing party from

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disclosing or using its own Confidential or Attorney's Copy Only information as it deems

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appropriate, and any such use shall not be deemed a waiver of any party's rights or obligations

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under this Stipulated Protective Order with respect to any confidential information.

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addition, nothing in this Stipulated Protective Order shall impose any restrictions on the use or

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disclosure by any party of documents, information, materials, or testimony obtained by such

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party independently of discovery in this litigation.

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5.

In

RESTRICTIONS ON ACCESS TO CONFIDENTIAL AND ATTORNEY'S

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COpy ONLY INFORMATION.

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(A)

Access to Confidential information, and to any copies, portions,

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summaries, analyses or excerpts of any documents containing information that has been

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designated "Confidential" shall be limited to:

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(1)

Counsel of record for the parties to the litigation, including office

associates, paralegals, stenographic and clerical employees;

(2)

The parties to this action, their representatives, employees and

agents, including in-house counsel;
(3)

Outside witnesses, potential witnesses, consultants, and/or

experts, subject to the provisions of Paragraph 6 below;
(4)

Any person who is indicated on the face of a document to have
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been an author, addressee, or copy recipient thereof;

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(5)

reporters engaged in such proceedings as are necessarily incident to this litigation;

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The Court and its personnel, including clerks and stenographic

(6)

Court reporters or stenographers who record deposition or other

testimony in the litigation;

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(7)

Outside photocopying services, graphic production services, or

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litigation support services employed by the parties or their counsel to assist in this litigation,

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and computer personnel performing duties in relation to a computerized litigation system;

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(8)
(B)

Any other person whom the producing party agrees to in writing.

Access to Attorney's Copy Only information, and any copies, portions,

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summanes, analyses or excerpts of any documents containing information that has been

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designated "Attorney's Copy Only" shall be limited to:

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associates, paralegal's, stenographic and clerical employees.
(2)

The Court and its personnel, including clerks and stenographic

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reporters engaged in such proceedings as are necessarily incident to this litigation;

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Counsel of record for the parties to the litigation, including office

(3)

Court reporters or stenographers who record deposition or other

testimony in the litigation.

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(4)

Outside photocopying services, graphic production services, or

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litigation support services employed by the parties or their counsel to assist in this litigation,

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and computer personnel performing duties in relation to a computerized litigation system.

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(5)

Outside consultants and/or experts, subject to the provisions of

paragraph 6 below.
(6) Any other person whom the producing party agrees to in writing.

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The party receiving documents, information, or materials designated as

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"Attorney's Copy Only" may review such documents, information, or materials while

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they are in the possession of that party's counsel. However, the receiving party may not

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receive or make copies of the "Attorney's Copy Only" documents, information, or

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materials.

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Documents, information, or materials which have been designated "Attorney's Copy

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Only" shall not be given to any other person, unless such person is entitled to access to

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"Attorney's Copy Only" information pursuant to this paragraph.

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6.

ACCESS

BY

OUTSIDE

WITNESSES,

CONSULTANTS,

AND/OR

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EXPERTS TO CONFIDENTIAL INFORMATION. The parties' counsel may, to the extent

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necessary to the prosecution or defense of this action, in accordance with the terms of this

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Stipulated Protective Order, and in good faith, make confidential documents or information and

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any copies, portions, summaries, analyses or excerpts of any documents containing confidential

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information available to outside or non-party witnesses, consultants, or expert witnesses,

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provided, however, that, prior to delivering any such information to such witness, consultant,

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or expert, counsel shall obtain from the witness, consultant or expert, a signed and dated

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statement to the effect that the person has read this Stipulated Protective Order and agrees to

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bound by its terms.

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7.

DEPOSITIONS. To the extent deposition occur in this case, persons may be

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deposed regarding documents or information of which they have knowledge which have been

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designated Confidential or Attorney's Copy Only. All transcripts of these depositions and any

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other deposition containing confidential information will be treated in accordance with this

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Stipulated Protective Order. Aside from the witness, no person shall attend any portion of any

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deposition containing testimony regarding confidential information or documents except

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counsel for the parties unless such person has executed the written statement described in

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Paragraph 6. Any court reporter who transcribes testimony in this action at a deposition shall

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agree, before transcribing any such testimony, that all testimony containing confidential

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information is and shall remain confidential and shall not be disclosed except as provided in

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this Stipulated Protective Order and that copies of any transcript, reporter's notes or any other

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transcription records of any such testimony will be retained in absolute confidentiality and

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safekeeping by such shorthand reporter or delivered to attorneys of record or filed with the
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Court.
8.

DISPUTES

CONCERNING

DESIGNATION

OR

DISCLOSURE

OF

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DOCUMENTS. If any party to this Stipulated Protective Order objects to the designation of

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any information as Confidential or Attorney's Copy Only or there is a dispute concerning the

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disclosure of confidential information to the person(s) designated by the parties, the party

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having the objection or dispute shall first state the objection or issue by letter to the party that

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made such designations. The parties agree to confer in good faith by telephone or in person to

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resolve any dispute respecting the terms or operation of this Stipulated Protective Order. If the

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parties are unable to resolve such a dispute within 3 days of such conference, the dispute shall

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be submitted to the Court. In any such proceeding, the designating party shall have the burden

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of establishing that the disputed documents or information are Confidential or Attorney's Copy

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Only, as defined in Paragraph 2 above. No disclosure of any document or information in

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dispute shall be made pending resolution of the dispute.

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The failure of any party to challenge the designation by another producing party of

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documents, materials, or information as Confidential or Attorney's Copy Only during the

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discovery period shall not be a waiver of that party's right to object to the designation of such

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material at a hearing or a trial.

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9.

FILING WITH THE COURT/FILINGS UNDER SEAL.

All discovery

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materials filed with the Court which contain "Confidential" or "Attorney's Copy Only"

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information, and any pleading, brief or memorandum purporting to reproduce or paraphrase

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"Confidential" or "Attorney's Copy Only" information, shall be filed and endorsed

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CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER.

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If a party seeks to file information designated Confidential or Attorney's Copy Only

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with the Court, the party seeking to file such information must first submit a Motion to Allow

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Filing Under Seal to the Court, unless the party who produced the information (whether such

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party is a litigant in this matter or a third party) agrees in writing that such information need not

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be filed under seal. A Motion to Allow Filing Under Seal must include a specific description

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of the information or categories of information sought to be filed under seal, along with a clear
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statement of the facts justifying a seal, including the harm which would result if the

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information was not filed under seal. Such statement must be made by declaration or affidavit.

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A party may request that such Motion be heard on an Order Shortening Time and the other

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party hereby consents to the Court shortening the time for such a motion. If a party seeks to

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file under seal information

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dispositive motion, that party must demonstrate compelling reasons to the Court for preserving

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the secrecy of that information. If a party seeks to file under seal information designated

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Confidential or Attorney's Copy Only as part of a non-dispositive motion, that party must

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demonstrate good cause to the Court for preserving the secrecy of that information. If the party

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seeking to file the confidential information is not the producing party, the producing party

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(whether such party is a litigant in this matter or a third party) may also seek to demonstrate

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good cause or compelling reasons to the Court for preserving the secrecy of the information,

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independently of whatever showing is made by the party seeking to file the information. Until

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the parties otherwise agree or the Court so determines, all information designated Confidential

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or Attorney's Copy Only shall continue to be treated as Confidential or Attorney's Copy Only

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in accordance with this Order. In the event the Court refuses to allow the filing under seal of

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such information designated as Confidential or Attorney's Copy only, a party shall still be

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permitted to file such Information, but it will continue to be treated as Confidential or

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Attorney's Copy Only in all other respects. The Court may change the terms of this section of

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this Order on its own motion after notice to the parties and an opportunity to be heard. All

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filing deadlines will be tolled while a motion that is filed under this section is pending before

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the court.

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Confidential or Attorney's Copy Only as part of a

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10.

NO IMPLIED ACKNOWLEDGMENT OF CONFIDENTIALITY. The receipt

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of documents, information or other materials designated as Confidential or Attorney's Copy

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Only pursuant to this Stipulated Protective Order shall not constitute an acknowledgment that

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the same are in fact confidential or otherwise legally protectible, and the parties and their

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counsel shall not be obliged to challenge the propriety of any confidentiality designation.

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Failure to do so shall not preclude a subsequent challenge to the propriety of any such

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designation. Until and unless the parties may agree or the Court may finally determine that

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such documents, information or materials are not properly designated as Confidential or

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Attorney's Copy Only pursuant hereto, the same shall continue to be treated as so designated in

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accordance with the terms of this Stipulated Protective Order.

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11.

NO WAIVER. The production of documents for inspection shall not constitute

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a waiver of a party's rights to claim in this lawsuit or otherwise that the documents are

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privileged or otherwise undiscoverable. Production by any party of confidential documents or

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information in other litigation shall not constitute a waiver of its right to claim in this lawsuit or

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hereafter that such documents or information are confidential, privileged or otherwise

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undiscoverable. Nothing in this Stipulated Protective Order requires any party to produce any

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documents or information that the party believes is privileged or otherwise non-discoverable.

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By entering into this Stipulated Protective Order, the parties do not waive any right to object to

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any discovery request, or to the admission of evidence on any ground, or seek any further

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protective order, or to seek relief from the Arbitrator from any provision of this Stipulated

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Protective Order by application on notice on any grounds.

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DISPOSITION OF CONFIDENTIAL DOCUMENTS AND INFORMATION

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UPON FINAL DETERMINATION. Upon the final determination of this action, whether by

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award or judgment which is no longer appealable, determination after appeal, settlement, or

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otherwise, all documents, information and material designated as Confidential or Attorney's

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Copy Only and all copies, testimony, summaries, notes, extracts, or abstracts of such

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documents or of such information shall promptly be returned to the producing party's counsel,

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or disposed of pursuant to further order of the Court, except that counsel shall be entitled to

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retain all memoranda or other documents prepared by counsel embodying information derived

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from any such materials; provided, however, that no subsequent use shall entail disclosure of

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any information as to which claim of confidentiality has been made. The final determination of

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this action shall not terminate the limitations on use and disclosure contained in this Stipulated

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Protective Order.

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13.

AMENDMENT AND MODIFICATION. This Stipulated Protective Order may

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be amended by the written agreement of counsel for the parties submitted to an approved by

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the Court in this case. Nothing in this Stipulated Protective Order shall preclude any party to

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this action from moving to vacate or modify this Stipulated Protective Order or any provision

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thereof.

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14.

JURISDICTION AND ENFORCEMENT. Any person to whom documents or

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information designated as Confidential or Attorney's Copy Only are disclosed shall be subject

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to the jurisdiction of the Court for purposes of determining, assuring and adjudging such

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person's compliance with this Stipulated Protective Order.

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This jurisdiction shall survive the termination of this action. Any party or person subject to

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this Stipulated Protective Order who violates its provisions shall be liable for damages for any

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injuries or loss suffered by the producing party as a result of such violation.

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This Order and the agreement embodied herein shall survive the termination of this

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litigation and continue in full force and effect.

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RESPECTFULLY SUBMITTED.

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Dated: January 18,2013.

/s/ Dora V. Lane, Esq.
ANTHONY L. HALL, ESQ., NV Bar #5977
DORA V. LANE, ESQ., NV Bar #8424
HOLLAND & HART, LLP
5441 Kietzke Lane, Second Floor
Reno, Nevada 89511
Tel: [phone]; Fax.: [phone]
Attorneys for Plaintiff ENVTECH, INC

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Dated: January il., 2013.

/s/ Mark A. Goodman, Esg.
MARK A. GOODMAN, ESQ., NV Bar #10357
GOODMAN LA W CENTER
348 Mill Street
Reno, NV 89501
Tel: [phone]; Fax: [phone]

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Attorneys for Defendants
TALMOR SUCHARD, SENTRO
TECHNOLOGIES, LTD, AND SENTRO
TECHNOLOGIES, LLC

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IT IS SO ORDERED:

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_____________________________________
UNITED STATES MAGISTRATE JUDGE
UNITED STATES MAGISTRATE JUDGE

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Dated: January 18, 2013.
Dated:

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5766134_2

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