Diamond X Ranch, LLC v. Atlantic Richfield Company

Filing 65

PROTECTIVE ORDER on 64 Stipulation re Confidential Information. Signed by Magistrate Judge William G. Cobb on 9/26/2014. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:13-cv-00570-MMD-WGC Document 64 Filed 09/25/14 Page 1 of 5

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James J. Dragna (California SBN 91492)
Admitted pro hac vice
BINGHAM MCCUTCHEN LLP
355 South Grand Avenue, Suite 4400
Los Angeles, California 90071-3106
Telephone: [phone]
[e-mail]

Robert A. Dotson (SBN 5285)
LAXALT & NOMURA, LTD.
9600 Gateway Drive
Reno, Nevada 89521
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Brad M. Johnston
Nevada Bar No. 8515
LAW OFFICES OF
JOHN P. SCHLEGELMILCH, LTD.
30 Broadway Avenue
Yerington, Nevada 89447
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Jonathan W. Rauchway, pro hac vice
Adam S. Cohen, pro hac vice
Gail L. Wurtzler, pro hac vice
DAVIS GRAHAM & STUBBS LLP
1550 Seventeenth Street, Suite 500
Denver, Colorado 80202
Telephone: [phone]
Facsimile: 303-893-1379
[e-mail]
[e-mail]
[e-mail]

Attorneys for Plaintiff
DIAMOND X RANCH LLC

Attorneys for Defendant
ATLANTIC RICHFIELD COMPANY

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DIAMOND X RANCH, LLC

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Plaintiff,
v.

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ATLANTIC RICHFIELD COMPANY,

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Defendant.

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Case No.: 3:13-cv-00570-MMD-WGC
ORDER RE:
[PROPOSED] STIPULATION AND
PROTECTIVE ORDER

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Pursuant to Federal Rule of Civil Procedure 26(c), Plaintiff Diamond X Ranch, LLC and

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Defendant Atlantic Richfield Company (collectively, the “Parties”) stipulate and move the Court

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for a Protective Order concerning the treatment of Confidential Information, and, as grounds

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therefor, state as follows:

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The Parties recognize that both sides may exchange Confidential Information in

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the course of discovery. The Parties agree that the disclosure of such Confidential Information

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outside the scope of this litigation could result in significant injury to one or more of the Parties’

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business or privacy interests. The Parties have entered into this Stipulation and request the Court
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Case 3:13-cv-00570-MMD-WGC Document 64 Filed 09/25/14 Page 2 of 5

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enter the within Protective Order for the purpose of preventing the disclosure and use of

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Confidential Information except as set forth herein.
2.

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Confidential Information includes, but is not limited to: trade secrets; non-public

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financial information such as contracts for property, goods or services, bills, invoices and other

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cost records, tax returns, and financial statements; and any document that a producing party

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labels as “confidential” unless the receiving party successfully challenges that designation.
3.

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All Confidential Information provided by a Party in response to a discovery

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request, transcribed testimony, or otherwise in this litigation shall be subject to the following

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restrictions: (a) It shall be used only for the purpose of this litigation, including use by counsel,

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experts, and consultants, and not for any business or other purpose whatsoever; and (b) It shall

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not be communicated or disclosed by any Party’s counsel or a Party in any manner, either

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directly or indirectly, to anyone except for purposes of this litigation.
4.

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Individuals authorized to review Confidential Information pursuant to this

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Protective Order shall hold such information in confidence and shall not divulge the information,

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either verbally or in writing, to any other person, entity, or government agency unless authorized

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or compelled to do so by law or court order. Any person receiving such Confidential

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Information, other than the undersigned, must first read this Protective Order and sign a copy of

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the Agreement to Comply with Protective Order attached hereto as Attachment A, which signed

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copy or copies shall be kept by counsel for the party receiving the Confidential Information.
5.

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The Party’s counsel who receives Confidential Information shall be responsible

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for assuring compliance with the terms of this Protective Order by persons to whom such

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information is disclosed.
6.

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The termination of this action shall not relieve counsel or other persons obligated

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hereunder from their responsibility to maintain the confidentiality of Confidential Information

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pursuant to this Protective Order, and the Court shall retain jurisdiction to enforce the terms of

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this Protective Order.

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7.

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By agreeing to the entry of this Protective Order, the Parties adopt no position as

to the authenticity or admissibility of documents produced subject to it.
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Upon termination of this litigation, including any appeals, each Party’s counsel

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may request that any recipients of Confidential Information return such information, including

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but not limited to any extracts, abstracts, charts, summaries, notes or copies made therefrom,

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excluding attorney work product. The Party receiving such a request must promptly comply by

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returning the Confidential Information or certifying in writing that the Confidential Information

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has been destroyed. Any attorney work product that is not returned or destroyed under this

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paragraph shall continue to be kept confidential under the terms of this Protective Order.

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Case 3:13-cv-00570-MMD-WGC Document 64 Filed 09/25/14 Page 4 of 5

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9.

Nothing in this Protective Order shall preclude any Party from filing a motion

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seeking further or different protection from the Court under Rule 26(c) of the Federal Rules of

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Civil Procedure, or from filing a motion with respect to the manner in which Confidential

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Information shall be treated at trial.

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Respectfully submitted this 25th day of September, 2014.
/s/ BRAD M. JOHNSTON
Brad M. Johnston (SBN 8515)
LAW OFFICES OF
JOHN P. SCHLEGELMILCH, LTD.
30 Broadway Avenue
Yerington, Nevada 89447
Telephone: [phone]
Facsimile: [phone]
[e-mail]

/s/ ROBERT A. DOTSON
Robert A. Dotson (SBN 5285)
LAXALT & NOMURA, LTD.
9600 Gateway Drive
Reno, Nevada 89521
Telephone: [phone]
Facsimile: 775-322-1865
[e-mail]

James J. Dragna (California SBN 91492)
Admitted pro hac vice
BINGHAM MCCUTCHEN LLP
355 South Grand Avenue, Suite 4400
Los Angeles, California 90071-3106
Telephone: [phone]
[e-mail]
Attorneys for Plaintiff Diamond X Ranch, LLC

Jonathan W. Rauchway, pro hac vice
Adam S. Cohen, pro hac vice
Gail L. Wurtzler, pro hac vice
DAVIS GRAHAM & STUBBS LLP
1550 Seventeenth Street, Suite 500
Denver, Colorado 80202
Telephone: [phone]
Facsimile: 303-893-1379
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant Atlantic Richfield
Company

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE

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DATED:

September 26, 2014

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Case 3:13-cv-00570-MMD-WGC Document 64 Filed 09/25/14 Page 5 of 5

ATTACHMENT A
AGREEMENT TO COMPLY WITH PROTECTIVE ORDER
I, the undersigned, have read and received a copy of the Stipulation and Protective Order
(“Protective Order”) in the case of Diamond X Ranch LLC v. Atlantic Richfield Company, United
States District Court, District of Nevada (the “Court”), Case No.: 3:13-cv-00570 (the “Action”).
I understand the terms of the Protective Order, agree to be bound by its terms, and
consent to personal jurisdiction of the Court with respect to the enforcement of the Protective
Order even if those proceedings occur after termination of the Action. I agree that I will not
disclose in any manner any information or item that is subject to the Protective Order to any
person or entity except in strict compliance with the provisions of the Protective Order.

DATED:
Signature
Printed Name
Address

A/76394493.1

3420911.1