Tahoe eCommerce, LLC v. Rana

Filing 27

PROTECTIVE ORDER re 24 Stipulated Protective Order. Signed by Magistrate Judge William G. Cobb on 11/9/12. (Copies have been distributed pursuant to the NEF - JC)

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Michael D. Rounds, Esq.
State Bar No. 4734
Matthew D. Francis, Esq.
State Bar No. 6978
WATSON ROUNDS
5371 Kietzke Lane
Reno, NV 89511
[phone]
Attorneys for Plaintiff
Tahoe eCommerce, LLC

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TAHOE ECOMMERCE, LLC, a Nevada
limited liability company,

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Plaintiff,

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v.
HUSSAIN RANA, an individual, dba
MEATPROCESSINGTOOLS.COM,

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Defendant.
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Case No. 3:11-CV-00725-RCJ-WGC

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STIPULATED PROTECTIVE ORDER

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and with the consent of
the parties to this action, IT IS HEREBY ORDERED:
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All documents, materials, items, and/or information which are designated as

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confidential under the terms of this Protective Order, and contain or comprise confidential and

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sensitive research, development or commercial information produced either by a party or by a

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non-party to or for any of the parties shall be governed by this Protective Order.

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2.

Any information produced by any party or non-party as part of discovery in this

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action may be designated by such party or non-party as (1) "Confidential" or (2) "Confidential-

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Attorneys' Eyes Only." As a general guideline, materials designated "Confidential" shall be

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those confidential and sensitive things that may be disclosed to the parties for the purpose of the

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litigation, but which must be protected against disclosure to third parties. As a general guideline,
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materials designated "Confidential-Attorney's Eyes Only" shall be those confidential and

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sensitive things of a proprietary business or technical nature which might be of value to a

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potential competitor of the party or non-party holding the proprietary rights thereto, and which

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must be protected from disclosure to such party and/or third parties. Absent a specific order by

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this Court, or written permission from the designating party, information once designated as

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"Confidential" or "Confidential-Attorney's Eyes Only" shall be used by parties solely in

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connection with this litigation, and not for any business, competitive, or governmental purpose or

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function and such information shall not be disclosed to anyone except as provided herein.

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3.

Any party or non-party wishing to come within the provisions of this Protective

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Order shall designate, in writing, the documents, information, or portions thereof which he, she

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or it considers confidential at the time such documents are produced or such information is

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disclosed, or as soon thereafter as the person or entity seeking protection becomes aware of the

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nature of the information or materials disclosed and sought to be protected hereunder. In the

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instance of documents, the items produced must be marked "Confidential" or "Confidential-

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Attorneys' Eyes Only" by the producing party or non-party. In the instance of depositions,

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counsel may, in the record of the deposition, designate the transcript or portion thereof as

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"Confidential" or "Confidential-Attorneys' Eyes Only," and only the parties identified in

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paragraphs 4 and 5 may then be present in the depositions. The witness under deposition or his

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counsel may invoke the provisions of this Protective Order in a timely manner, giving adequate

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warning to counsel for the party or non-party that testimony about to be given is deemed

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"Confidential" or "Confidential-Attorneys' Eyes Only." The designations should be made on the

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record whenever possible, but a party may designate portions of a deposition either

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"Confidential" or "Confidential-Attorney’s Eyes Only" provided written notice of such

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designation is given to each party no later than (10) ten days following receipt of the deposition

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transcript.

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4.

Documents, deposition testimony, or answers to interrogatories stamped

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"Confidential," or copies or extracts therefrom, and compilations and summaries thereof, and the

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information therein, may be given, shown, made available to, or communicated in any way only

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to those parties or other persons who agree in advance to abide by this Protective Order and to

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whom it is necessary that the material be shown for purposes of this litigation.

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5.

Documents, deposition testimony, or answers to interrogatories stamped

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"Confidential-Attorneys' Eyes Only" or copies or extracts therefrom, and summaries and

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compilations thereof, and the information therein, may be given, shown, made available to, or

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communicated in any way only to (a) the trial counsel designated on the pleadings for the law

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firms of record in this actions and those of their staff to whom it is necessary that the materials

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be shown for the purposes of this litigation; (b) consultants as defined in Paragraph 6 hereof and

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pursuant to the provisions on Paragraph 7 hereof.

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6.

For purposes of Paragraph 5(b) hereof, a consultant shall be defined as a person

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who is not an employee of a party nor anticipated to become an employee in the near future, and

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who is retained or employed as a bona fide consultant or expert for purposes of this litigation,

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whether full or part-time, by or at the direction of counsel for a party.

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7.

The procedure for having a consultant approved for access to information

designated "Confidential-Attorneys' Eyes Only" shall be as follows:
(a)

The party seeking to have a consultant, as defined in Paragraph 6 hereof,

approved shall provide the producing party with:

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i)

the name of the designated person;

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ii)

the present employer and title of said designated person;

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iii)

a resume or curriculum vitae of said designated person;

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iv)

a written acknowledgment, in the form of Attachment A hereto, signed by

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the designated person for whom approval is sought, that the person has

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read this Protective Order and agrees to be bound by its terms.

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(b)

Within seven (7) calendar days after mailing (via overnight delivery) of the

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information and written acknowledgment described in subparagraph (a), the producing party may

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object to the person proposed for approval if facts available to the producing party give it

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genuine reason to believe that there is a reasonable likelihood that the designated person may use

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information designated "Confidential-Attorneys' Eyes Only" for purposes other than the

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preparation or trial of this case. Objections must be based upon a legitimate good faith belief in

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such unauthorized use and shall not be made for purposes of delaying approval of said

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designated person. If an objection is found not to be made in good faith by the court, then the

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party whom the objection was made shall be entitled to reasonable attorneys’ fees and costs.

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Failure to object within seven (7) calendar days to a person proposed shall be deemed approval,

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but shall but not preclude a producing party from objecting to continued access by that person

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where facts suggesting a basis for objection are subsequently learned by the producing party or

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its counsel.

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(c)

If the producing party so objects, the producing and requesting party shall, within

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seven (7) calendar days from the date of the mailing of notice of objection, confer and attempt to

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resolve the dispute. At the conference, the producing party shall inform the requesting party of

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its reasons for objecting to the designated person. If the parties cannot resolve the dispute, or if

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the conference does not take place, then the producing party may move the Court for an order

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that access to information designated "Confidential-Attorneys' Eyes Only" be denied to the

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designated person. The time periods are not to restrict either party from moving for a court order

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earlier if the circumstances so require.

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(d)

The parties agree that the information identified above in subparagraph 7(a) shall

constitute sufficient information from which to approve said designated person.
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All confidential information covered by this order shall be kept in secure facilities

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at trial counsel's offices and in no event be taken to or stored on the premises of a party without

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having first received written permission from the party designating the document confidential,

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and access to those facilities shall be permitted only to those designated persons set forth in

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Paragraphs 4, 5, and 6 of this Protective Order as persons properly having access thereto under

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the appropriately designated degree of confidentiality. All counsel for the parties who have

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access to confidential information under this Protective Order acknowledge they are bound by

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

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9.

No party or non-party shall file or submit for filing as part of the court record any

documents under seal without first obtaining leave of court. Notwithstanding any agreement

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among the parties, the party seeking to file a paper under seal bears the burden of overcoming the

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presumption in favor of public access to papers filed in court.

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10.

If any document or information designated to be "Confidential" or "Confidential-

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Attorneys' Eyes Only" pursuant to this Protective Order is used during the course of a deposition

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herein, that portion of the deposition record reflecting such confidential information shall be

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sealed and stamped with the designated degree of confidentiality, and access thereto shall be

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limited pursuant to the other terms of this Protective Order.

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11.

A party should designate as “Confidential” or “Confidential-Attorneys’ Eyes

Only” only such information or documents as the party reasonably and in good faith believes

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require and justify protection under this Protective Order. If, at any time during the pendency or

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trial of this action, counsel for any party claims that counsel for any other party is unreasonably

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claiming certain information produced herein to be confidential, objecting counsel may make an

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appropriate application to this Court, with confidential portions thereof to be kept under seal,

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requesting that specifically identified documents, information, and/or deposition testimony be

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excluded from the provisions of this Protective Order or downgraded in terms of the degree of

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protection provided. Before filing any such application, the party seeking relief shall confer with

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the other party to determine whether the matter can be resolved by agreement.

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12.

The pretrial order submitted by the parties in this action shall address the

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treatment at trial of documents, information or testimony designated "Confidential" or

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"Confidential-Attorneys' Eyes Only" pursuant to this Protective Order unless the confidentiality

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of such information has been removed by agreement of counsel or by this Court in accordance

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with the provisions of Paragraph 11 of this Protective Order.

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13.

At any hearing relating to this litigation prior to trial before any judicial officer,

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subject to the rules of evidence and order of the Court, a party may use any “Confidential” or

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“Confidential-Attorneys’ Eyes Only” information or documents for any purpose, provided that

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adequate prior notice of such use is given to counsel for the opposing party to permit the

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opposing party the opportunity to obtain appropriate protection from the Court, including a

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request to the Court that the courtroom be cleared and that the court employees be advised as to

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the terms of this Protective Order. If any party reasonably anticipates that “Confidential” or

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“Confidential-Attorneys’ Eyes Only” information or documents will be presented in any hearing

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in this litigation, it may request that the Court close the courtroom during such presentation. If

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the Court denies any such request, the use of the “Confidential” or “Confidential-Attorneys’

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Eyes Only” information or documents in court shall not affect its coverage by this Protective

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Order or constitute a waiver of secrecy with respect thereto.
14.

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The terms of this Protective Order shall apply to all manner and means of

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discovery, including entry onto land or premises and inspection of books, records, documents,

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and tangible things.

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15.

This Protective Order shall be effective on the date entered by the Court.

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16.

Within ninety (90) days after the conclusion of this action, unless otherwise

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agreed by the parties, all confidential materials and/or information shall be returned to the party

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or non-party who produced such materials, or to their respective counsel, or such information

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shall be destroyed, at the election of the receiving party, and if destroyed, the receiving party

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shall provide written notice of such destruction within the time period prescribed by this

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paragraph.

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IT IS SO STIPULATED:

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Dated:

Dated:

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By: /s/ Matthew D. Francis
WATSON ROUNDS
Michael D. Rounds
Matthew D. Francis
5371 Kietzke Lane
Reno, Nevada 89511
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

By: /s/ Marc Picker
MARK PICKER, ESQ., LTD.
Marc Picker, Esq.
729 Evans Avenue
Post Office Box 3344
Reno, NV 89505-3344
Telephone: [phone]
[e-mail]

Attorneys for Plaintiff

Attorney for Defendants

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November 1, 2012

November 7, 2012

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IT IS SO ORDERED:
____________________________________
UNITED STATES MAGISTRATE JUDGE

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November 9, 2012.
DATED:_____________________________
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Attachment A

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ACKNOWLEDGEMENT AND NONDISCLOSURE AGREEMENT

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I,

, do solemnly swear that I am fully familiar with the terms of

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the Stipulated Protective Order entered in Tahoe eCommerce, LLC v. Rana, et al., United States

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District Court for the District of Nevada, Case No. 3:11-CV-00725-RCJ-WGC, and hereby agree

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to comply with and be bound by the terms and conditions of said Order unless and until modified

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by further Order of this Court. I hereby consent to the jurisdiction of said Court for purposes of

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enforcing this Order.
Dated:______________________

Signed____________________

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