MPower Systems India (Pvt) Ltd. et al v. Articmaster Inc.

Filing 15

PROTECTIVE ORDER on ECF No. 14 Stipulation re confidential information. (See specific modifications denoted on ECF page 13.) Signed by Magistrate Judge William G. Cobb on 1/24/2017. (Copies have been distributed pursuant to the NEF - DRM)

1 Joseph G. Went, Esq.
Nevada Bar No. 9220
2 Susan M. Schwartz, Esq.
Nevada Bar No. 14270
3 HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
4 Las Vegas, Nevada 89134
Phone: [phone]
5 Fax: [phone]
Email: [e-mail]
6
[e-mail]
7 Attorneys for Plaintiffs
MPower Systems India (PVT) LTD and
8 Union Power Technical Services LLC
9

HOLLAND & HART LLP

UNITED STATES DISTRICT COURT

11
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

10

DISTRICT OF NEVADA

12 MPOWER SYSTEMS INDIA (PVT) LTD., an
Indian corporation; and UNION POWER
13 TECHNICAL SERVICES LLC, a UAE
limited liability company,
14
Plaintiffs,
15 v.
16 ARTICMASTER INC., a Nevada
corporation,
17
Defendant.
18

Case No. 3:16-cv-00558-MMD-WGC
STIPULATED CONFIDENTIALITY
AGREEMENT AND PROTECTIVE
ORDER

/

19 ARTICMASTER INC.,
20

Counter-Plaintiff,

21 v.
22 MPOWER SYSTEMS INDIA (PVT) LTD;
and UNION POWER TECHNICAL
23 SERVICES LLC; DOES 1 to 10; and ROE
CORPORATION 11 to 20, inclusive.
24
Counter-Defendants.
25
26
27
28
Page 1 of 14
9502349_1

1

IT IS HEREBY STIPULATED, AGREED AND UNDERSTOOD by Plaintiffs /

2

Counterdefendants MPower Systems India (PVT) LTD, an Indian corporation (“Mpower”) and

3

Union Power Technical Services LLC, a UAE limited liability company (“Union Power”)

4

(together with Mpower, the “Plaintiffs”), and Defendant / Counterclaimant Articmaster Inc., a

5

Nevada corporation (“Articmaster” or “Defendant”) (collectively with Plaintiffs, the “Parties”)

6

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

7

provisions set forth below:

8
9
10

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

11
12
13

1.

Discovery in the above-entitled action may involve documents or information of

a proprietary and non-public nature, which the parties consider to be confidential or highly
confidential.
2.

Pursuant to FRCP 26(c), good cause exists for the issuance of a protective order

governing the handling of certain documents and information.
3.

This Order shall be applicable to and govern all confidential or highly

14

confidential information in any form (including without limitation information contained in or

15

on any tangible thing) produced or disclosed by or on behalf of any party to this litigation, in

16

connection with this Action.

17

4.

18

The following definitions shall apply:
a.

“CONFIDENTIAL

INFORMATION”

shall

mean

documents

or

19

information designated as “CONFIDENTIAL” by a Producing Party,

20

who in good faith believes the documents or information constitutes or

21

includes proprietary or non-public information that (i) is used by the

22

party in, or pertaining to, its business; (ii) is not generally known by the

23

general public; and (iii) the party normally would not reveal to third

24

parties or, if disclosed, would require such third parties to maintain in

25

confidence.

26

b.

“HIGHLY CONFIDENTIAL INFORMATION” shall mean documents

27

or information designated thereon as “HIGHLY CONFIDENTIAL” by a

28

Producing Party. This designation will be limited to those documents
Page 2 of 14
9502349_1

current business documents setting forth highly sensitive proprietary

3

business information, including, but not limited to, margins, costs,

4

revenues, profits, projections, sales, and marketing information

5

associated with current and future business plans.

6

documents is reserved for a very select group of documents and

7

information and may only be used for that group of documents that have

8

not been disclosed to the public and that, if disclosed, may cause

9

irreparable harm or damage to a Producing Party. Such documents are to

10

be viewed only by a Receiving Party’s counsel and are not to be shared

11

HOLLAND & HART LLP

containing non-public personal financial or investment information and

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9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

1

with counsel’s clients or others not within the scope of counsel’s duties as

12

they pertain to the above captioned matter.

13

c.

This category of

“Producing Party” shall mean the parties, person or entity producing

14

CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

15

INFORMATION or giving testimony in this Action regarding or relating

16

to CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

17

INFORMATION which has been designated as CONFIDENTIAL or

18

HIGHLY CONFIDENTIAL subject to this Protective Order.

19

d.

“Recipient” or “Receiving Party” shall mean the party, person or entity

20

who has agreed in writing to be subject to this Protective Order to whom

21

the Producing Party makes available CONFIDENTIAL INFORMATION

22

or HIGHLY CONFIDENTIAL INFORMATION.

23

include those persons or entities identified in Paragraph 8 of this

24

Stipulated Protective Order.

25

e.

Recipient shall

“Disclose” shall mean the transfer or delivery to a party, person or entity

26

of

27

CONFIDENTIAL INFORMATION, permitting the inspection or review

28

of
9502349_1

the

the

CONFIDENTIAL

CONFIDENTIAL
Page 3 of 14

INFORMATION

INFORMATION

or

or

HIGHLY

HIGHLY

1

CONFIDENTIAL INFORMATION, or communicating the contents of

2

the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

3

INFORMATION.

4

5.

CONFIDENTIAL

INFORMATION

or

HIGHLY

CONFIDENTIAL

5

INFORMATION shall be used by the parties in this Action solely for the purpose of this

6

Action, and not for any other purpose whatsoever.

7

6.

It is the intention of the parties that the designation of documents or information

8

as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” be used narrowly, and with the most

9

limited use possible.

10

7.

The designation of “CONFIDENTIAL INFORMATION” or “HIGHLY

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

11

CONFIDENTIAL INFORMATION” shall constitute a representation that such document or

12

information has been reviewed by an attorney for the Producing Party and that there is a good

13

faith belief that such document contains confidential or highly sensitive business, financial, or

14

technical information of the Producing Party.

15

8.

Information

designated

as

“CONFIDENTIAL”

or

“HIGHLY

16

CONFIDENTIAL,” and any copies, excerpts or summaries thereof, and any further information

17

derived therefrom, shall not be revealed, disclosed or otherwise made known to persons other

18

than those specified below or in any manner other than as specified below:

19

a.

The Court—Any party may disclose and submit CONFIDENTIAL

20

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION to the

21

Court, including all persons employed by the Court.

22

CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

23

INFORMATION, and information derived therefrom, which are filed

24

with the Court shall be filed in accordance with Paragraph 12 of this

25

Stipulated Protective Order.

26

b.

Any

Outside Counsel—CONFIDENTIAL INFORMATION and HIGHLY

27

CONFIDENTIAL INFORMATION may be disclosed to outside counsel

28

for the parties in this action, including counsel’s employees and outside
Page 4 of 14
9502349_1

1

contractors used to perform clerical functions.

2

c.

Receiving

Parties—CONFIDENTIAL

INFORMATION

may

be

3

disclosed to (1) the parties, (2) the parties’ in-house counsel, and (3) to

4

other employees of the parties whose participation in the prosecution or

5

defense of the action is necessary in the good faith assessment of counsel

6

for the Receiving Party.

7

d.

Expert Witnesses and Parties’ outside consultants—CONFIDENTIAL

be disclosed to outside experts and consultants retained to work on this

10

action, including employees of such experts and persons providing

11

HOLLAND & HART LLP

INFORMATION and HIGHLY CONFIDENTIAL INFORMATION may

9

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

8

clerical or support services. The parties agree that such persons shall

12

agree in writing in a form substantially similar to Exhibit “A” attached

13

hereto in advance of receiving any HIGHLY CONFIDENTIAL

14

INFORMATION to be subject to its terms.

15

e.

Employees And Former Employees Of The Parties—CONFIDENTIAL

16

INFORMATION and HIGHLY CONFIDENTIAL INFORMATION of

17

the Producing Party may be disclosed by the Receiving Party during any

18

deposition in this action or at trial of the action to any employee of the

19

Producing Party or its affiliates and any former employee of the

20

Producing Party or its affiliates who was employed by a Producing Party

21

or its affiliates (1) on the date the document was prepared or dated, or (2)

22

on the dates to which the information relates. Such information may also

23

be disclosed to any attorney representing such person at his or her

24

deposition.

25

f.

Non-parties—CONFIDENTIAL INFORMATION may be disclosed

26

during any deposition in the action or at trial of the actions to a non-party

27

witness (and any attorney representing such person at his or her

28

deposition) with the Producing Party’ written waiver or consent on the
Page 5 of 14
9502349_1

Agreement

3

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION in

4

another action, proceeding, or government investigation to a non-party

5

pursuant to subpoena or other legal process, that party shall give written

6

notice to, the Producing Party within three (3) business dates after receipt

7

of the subpoena or other compulsory process identifying the

8

CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

9

INFORMATION sought, so that the Producing Party can assert a timely

10

objection and file a motion for protective order if they desire. If the

11

HOLLAND & HART LLP

record. If any party or counsel subject to this Stipulated Confidentiality

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9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

1

Producing Party fails to file a motion seeking protection of the requested

12

CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

13

INFORMATION within 10 business days after receiving the written

14

notice described above (and immediately delivering a copy to all parties

15

of this Stipulated Confidentiality Agreement of such motion seeking a

16

protective order), such silence shall be deemed the Producing Party’

17

consent to the requested disclosure.

18

g.

is

commanded

to

produce

CONFIDENTIAL

Court Reporters—CONFIDENTIAL INFORMATION and HIGHLY

19

CONFIDENTIAL INFORMATION may be disclosed to court reporters

20

rendering court reporting services for depositions or the trial in the

21

above-captioned matter, including the employees of such court reporters.

22
23
24

9.

Recipients are prohibited from disclosing CONFIDENTIAL INFORMATION or

HIGHLY CONFIDENTIAL INFORMATION except as permitted by this Protective Order.
10.

Recipients

of

CONFIDENTIAL

INFORMATION

or

HIGHLY

25

CONFIDENTIAL INFORMATION hereby agree to be subject to the jurisdiction of this Court

26

for the purpose of any proceedings relating to CONFIDENTIAL INFORMATION or HIGHLY

27

CONFIDENTIAL INFORMATION protected by this Protective Order.

28

11.
9502349_1

The Recipient of any CONFIDENTIAL INFORMATION or HIGHLY
Page 6 of 14

1

CONFIDENTIAL INFORMATION shall maintain such information in a secure and safe area

2

and shall exercise the same standard of due and proper care with respect to the storage, custody,

3

use and/or dissemination of such information as is exercised by the recipient with respect to its

4

own proprietary information.

5

12.

In the event any Recipient to whom CONFIDENTIAL INFORMATION or

6

HIGHLY CONFIDENTIAL INFORMATION has been disclosed is no longer involved in this

7

Action, said Recipient shall return all CONFIDENTIAL INFORMATION and/or HIGHLY

8

CONFIDENTIAL INFORMATION to the Producing Party. The Recipient shall remain subject

9

to the provisions of this Protective Order.

10

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

11

13.

CONFIDENTIAL

INFORMATION

or

HIGHLY

CONFIDENTIAL

INFORMATION shall be designated as such by the Producing Party as follows:

12

a.

Documents—Documents shall be designated as CONFIDENTIAL

13

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION by

14

placing or affixing on the document, or on a label associated with the

15

document, in a manner that will not interfere with its legibility, the

16

designation “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.”

17

b.

Non-documentary information—In the event any CONFIDENTIAL

18

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION is

19

disclosed by the Producing Party in electronic, photographic or other

20

non-documentary

21

CONFIDENTIAL” designation shall be placed on the jacket, cover or

22

container

23

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION is

24

produced.

25

CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

26

INFORMATION in the marked jacket, cover or container, and shall in

27

good faith take such steps necessary to ensure that the non-documentary

28

CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL
Page 7 of 14
9502349_1

in

form,

which

the

the

“CONFIDENTIAL”

non-documentary

or

“HIGHLY

CONFIDENTIAL

The Recipient shall maintain the non-documentary

1

INFORMATION is not disclosed except as provided in this Protective

2

Order.

3

c.

In the event that documents or information that may contain

INFORMATION are made available for inspection, upon prior written

6

notice by the Producing Party, the party inspecting the documents and/or

7

information shall treat all documents and information produced as

8

CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

9

INFORMATION until selected copies are furnished. There will be no

10

waiver of confidentiality by the inspecting of CONFIDENTIAL

11

HOLLAND & HART LLP

CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

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9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

4

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION

12

before it is copied and marked “CONFIDENTIAL” or “HIGHLY

13

CONFIDENTIAL.”

14

d.

A Producing Party shall mark as “CONFIDENTIAL” or “HIGHLY

15

CONFIDENTIAL” any CONFIDENTIAL INFORMATION or HIGHLY

16

CONFIDENTIAL INFORMATION prior to or contemporaneously with

17

production and delivery of copies to the Recipient. Unless designated as

18

CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

19

INFORMATION, all documents or information produced shall be

20

considered non-confidential after production.

21

e.

In the event that a Producing Party determines that documents or

22

information delivered to a Recipient were inadvertently produced and not

23

designated

24

CONFIDENTIAL INFORMATION, a Producing Party shall provide

25

notice in writing to the Recipient, and the Recipient shall mark as

26

CONFIDENTIAL or HIGHLY CONFIDENTIAL those documents or

27

information identified, which shall be deemed CONFIDENTIAL

28

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION and
Page 8 of 14
9502349_1

as

CONFIDENTIAL

INFORMATION

or

HIGHLY

1

the Recipient shall treat that information in accordance with this

2

Protective Order from and after the date of receipt of written notice.

3

14.

Any material designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”,

for sealing and redacting court records. If this Court enters written findings that the sealing of

6

the material is justified, the material will remain under seal, but the material will be unsealed if,

7

after considering the applicable rules for redacting and sealing court records, this Court denies

8

the filing Party’s concurrent request to seal the material. The Party filing any paper which

9

reflects, contains or includes any material designated “CONFIDENTIAL” or “HIGHLY

10

CONFIDENTIAL” subject to this Protective Order shall also file a concurrent motion to seal

11

HOLLAND & HART LLP

if filed with this Court, shall be filed under seal pursuant to proceedings that adhere to the rules

5

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

4

the material pursuant to the applicable rules for redacting and sealing court records and shall

12

temporarily file the “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” material in a sealed

13

envelope bearing a statement substantially in the following form until such time as this Court

14

has considered the motion: “This envelope contains material subject to a Protective Order of

15

this Court. Pursuant to the Protective Order, proceedings have been initiated according to the

16

applicable rules for redacting and sealing court records. Unless this Court finds that there are

17

no grounds to seal or redact the enclosed material, the contents of this envelope should not be

18

disclosed, revealed or made public.”

19

15.

Copies

of

any

CONFIDENTIAL

INFORMATION

or

HIGHLY

20

CONFIDENTIAL INFORMATION filed with this Court prior to trial or received in evidence at

21

trial of this action, and any other materials falling within the terms of this Order which are so

22

designated at trial or at time of filing, shall be kept by the Clerk of this Court pursuant to the

23

applicable rules for redacting and sealing court records. Where possible only those portions of

24

documents consisting of CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

25

INFORMATION shall be filed in sealed envelopes.

26

16.

In the event a party designates as CONFIDENTIAL or HIGHLY

27

CONFIDENTIAL any information disclosed or discussed in the course of a deposition, the

28

reporter for the deposition shall be directed that questions, answers, colloquy, and exhibits
Page 9 of 14
9502349_1

1

referring or relating to any such CONFIDENTIAL INFORMATION or HIGHLY

2

CONFIDENTIAL INFORMATION shall be placed in a separate volume labeled so as to reflect

3

the confidentiality of the material contained therein.

4

17.

In the event any party deposing a witness wishes to show or disclose

party witness, or a witness not qualified under this Protective Order to receive such information,

7

the party shall not disclose the CONFIDENTIAL INFORMATION or HIGHLY

8

CONFIDENTIAL

9

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION has been shown or

10

disclosed to the attorney representing the Producing Party. The attorney representing the

11

HOLLAND & HART LLP

CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION to a non-

6

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

5

Producing Party shall have a reasonable opportunity at the deposition to review the

12

CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION and to

13

object on the record to its disclosure to the witness. In the event such an objection is interposed,

14

the witness to whom the CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

15

INFORMATION will be disclosed, and any persons attending the deposition who are not

16

identified in paragraph 6 hereof, shall be first required to consent to and abide by the terms of

17

this

18

CONFIDENTIAL INFORMATION may be disclosed. Should any person in the deposition

19

refuse to consent to and abide by the terms of this Protective Order, then he or she shall leave

20

the deposition room until the conclusion of the questioning concerning the CONFIDENTIAL

21

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION, and shall not be entitled to

22

receive copies of any CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

23

INFORMATION

24

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION absent further order of this

25

Court. This procedure applies in the case of all depositions conducted in this Action, whether

26

conducted within or outside the State of Nevada.

27
28

Protective

18.

INFORMATION

Order

or

before

portions

the

of

to

the

witness

CONFIDENTIAL

the

transcript

until

such

CONFIDENTIAL

INFORMATION

relating

to

the

or

HIGHLY

CONFIDENTIAL

If any portion of a deposition transcript is filed and contains CONFIDENTIAL

INFORMATION or HIGHLY CONFIDENTIAL INFORMATION, that portion of the
Page 10 of 14
9502349_1

1
2

transcript shall bear the appropriate legend on the caption page and shall be filed under seal.
19.

A Recipient shall not be obligated to challenge the propriety of any

3

CONFIDENTIAL or HIGHLY CONFIDENTIAL designation when made, and failure to do so

4

shall not preclude a subsequent challenge thereto. In the event any party objects at any stage of

5

these proceedings to a CONFIDENTIAL or HIGHLY CONFIDENTIAL designation, such

6

party shall notify the Producing Party of its objection in writing. If the parties are unable to

7

resolve their dispute after making good faith attempts to do so, the party challenging the

8

designation may request appropriate relief from the Court.. The burden of proving information

9

has been properly designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL is on the

HOLLAND & HART LLP

Producing Party.

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20.

Nothing in this Protective Order shall be construed as an admission or agreement

12

that any specific document or information is or is not confidential or is or is not otherwise

13

subject to discovery or is admissible in evidence. Nothing in this Protective Order shall be

14

deemed a waiver of any party’s rights to oppose production of any information or documents

15

for any reason other than the confidentiality of such information or documents.

16

21.

Use of any CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL

17

INFORMATION in any Court proceeding shall not, without further order of the Court, cause

18

such information to lose its CONFIDENTIAL or HIGHLY CONFIDENTIAL status. The

19

parties shall take all steps reasonably required to protect the confidentiality of such information

20

during such use.

21

22.

The restrictions provided for herein shall not terminate upon the conclusion of

22

this Action but shall continue until further order of this Court; provided, however, that this

23

Protective Order shall not be construed: (i) to prevent any party or its counsel from making use

24

of information which was lawfully in its possession prior to its disclosure by the Producing

25

Party; (ii) to apply to information which appears in printed publications or becomes publicly

26

known through no fault of any party or its counsel; or (iii) to apply to information which any

27

party or its counsel has lawfully obtained since disclosure by the Producing Party, or shall

28

thereafter lawfully obtain, from a third party having the right to disclose such information.
Page 11 of 14
9502349_1

1

23.

Nothing in this Order shall preclude any party to the lawsuit or its attorneys

2

from: (i) showing a document or information designated as CONFIDENTIAL or HIGHLY

3

CONFIDENTIAL to an individual who either prepared or reviewed the document or

4

information prior to the filing of this Action; or (ii) disclosing or using, in any manner or for

5

any purpose, any information or documents from the party’s own files which the party itself has

6

designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL.

7

24.

Upon final determination of the above-captioned proceeding, including all

CONFIDENTIAL or HIGHLY CONFIDENTIAL which are in the possession of any Recipient

10

shall be destroyed or returned to counsel of record for the Producing Party, and all persons who

11

HOLLAND & HART LLP

appeals, except as provided herein below, all documents or information designated

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8

have had access to or possession of the CONFIDENTIAL INFORMATION or HIGHLY

12

CONFIDENTIAL INFORMATION shall certify that they have either destroyed such material

13

and all copies thereof or returned all such information and all copies thereof to the Producing

14

Party. Notwithstanding any of the foregoing, outside counsel shall be entitled to keep their

15

copies of pleadings and other papers submitted to the Court.

16

25.

Nothing in this Protective Order requires the Producing Party to produce

17

information it believes is privileged or otherwise non-discoverable. However, any assertion

18

that a document is privileged or otherwise non-discoverable shall be asserted in a privilege log.

19

The log shall describe the document and provide a legal basis supporting why it is privileged

20

and/or non-discoverable. By entering into this Protective Order, the parties do not waive any

21

right to object to any discovery request, to the admission of evidence on any ground, to seek

22

further protective order, or to seek relief from the Court from any provision of this Protective

23

Order.

24

26.

During the pendency of the above captioned proceeding, any party who has

25

received any document or information that is designated “CONFIDENTIAL” or “HIGHLY

26

CONFIDENTIAL” and who objects to the designation of “CONFIDENTIAL” or “HIGHLY

27

CONFIDENTIAL,” shall notify counsel for the Producing Party in writing of this objection.

28

The Producing Party and the objecting party shall attempt to confer and resolve all objections
Page 12 of 14
9502349_1

1

by agreement. If any objections cannot be resolved by agreement, the receiving party shall have

2

fourteen business days (14) from the time in which the objecting party delivers its written

3

objection to apply to the Court for a determination as to whether the “CONFIDENTIAL” or

4

“HIGHLY CONFIDENTIAL” designation is appropriate. Until an objection has been resolved

5

by agreement of counsel or by order for the Court, the document or information shall be treated

6

as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” as designated by the Producing Party.

7

The burden of proof in any proceeding regarding whether the designation of any document or

8

information as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” is appropriate is, at all

9

times, on the Producing Party.

10

27.

This Protective Order may be modified only by stipulation of the parties so

HOLLAND & HART LLP

9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

11

ordered by the Court or by other Order of the Court.

12

DATED January 20, 2017.

DATED January 20, 2017.

13
14
15
16
17
18

__/s/ Joseph G. Went, Esq.________
Joseph G. Went, Esq.
Susan M. Schwartz, Esq.
HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, Nevada 89134

__/s/ Nick A. Urick, Esq.________________
Nick A. Urick, Esq.
Law of Office of Nickolas A. Urick
PO Box 371
La Puente, California 91747
Attorney for Defendant Articmaster, Inc.

Attorneys for Plaintiffs
MPower Systems India (PVT) LTD and
Union Power Technical Services LLC

19
ORDER

20
21
22
23
24
25
26
27

IT IS SO ORDERED:

_______________________________________
Paragraph 14 of the stipulation is modified to reflect that any motion to seal shall
UNITED STATES MAGISTRATE Honolulu,
comply with LR IA 10-5 and the requirements of Kamakana v. City and County ofJUDGE
447 F.3d 1172 (9th Cir. 2006) and Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092,
Dated: ______________________________
1097 (9th Cir. 2016).
Paragraph 22 of the stipulation is modified to reflect that thecourt will not exercise
Paragraph 22 of the stipulation is modified to reflect that th court will not exercise
continuing jurisdiction over the subject matter of the stipulation following dismissal of this
continuing jurisdiction over the subject matter of the stipulation following dismissal of this
action.
action.
IT IS SO ORDERED.

28
9502349_1

___________________________________
UNITED STATES MAGISTRATE JUDGE
Page 13 of 14
DATED: January 24, 2017.

1

EXHIBIT A

2

CONFIDENTIALITY AGREEMENT

3

I,______________________________ do hereby acknowledge and agree as follows:

4

1.

5
6

I have read the Stipulated Confidentiality Agreement and Protective Order of

which the form of this agreement is an exhibit.
2.

I understand the terms of the Stipulated Confidentiality Agreement and

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Protective Order and agree to be bound by, and to strictly adhere to, all terms and provisions of

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the Stipulated Confidentiality Agreement and Protective Order.

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3.

I hereby submit to the jurisdiction of the United States District Court, District of

HOLLAND & HART LLP

Nevada, solely for purpose of enforcement of the Stipulation and Protective Order and this

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9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134

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Agreement.

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DATED: _________________________, 2017.

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_________________________________
Signature

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_________________________________
Name

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_________________________________
Address

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_________________________________
Telephone Number

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