PLOT USA, INC. v. Hyakawa et al, No. 2:2018cv00922 - Document 19 (D. Nev. 2018)
Court Description: ORDER granting 18 Stipulated Protective Order; Signed by Magistrate Judge George Foley, Jr on 7/20/2018. (Copies have been distributed pursuant to the NEF - JM)
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PLOT USA, INC. v. Hyakawa et al Doc. 19 Case 2:18-cv-00922-JAD-GWF Document 18 Filed 07/19/18 Page 1 of 7 1 2 3 4 5 6 7 8 Deanna L. Forbush, Esq. (NSBN 6646) Bert Wuester Jr., Esq. (NSBN 5556) Colleen E. McCarty., Esq. (NSBN 13186) CLARK HILL PLLC 3800 Howard Hughes Parkway, Suite 500 Las Vegas, Nevada 89169 Ph: (702) 862-8300 Fax: (702) 862-8400 email: DForbush@clarkhill.com email: BWuester@clarkhill.com email: Cmccarty@clarkhill.com Attorneys for Plaintiff PLOT USA 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 PLOT USA, Inc., a Domestic Limited Liability Company, 14 15 16 vs. TAKESHI “SEAN” HYAKAWA an individual, and YUKARI HIDAKA, an individual, Defendants. 17 18 19 20 STIPULATED PROTECTIVE ORDER RE: PROTECTION OF CONFIDENTIAL MATERIALS Plaintiff, 13 Case No.: 2:18-cv-00922-JAD-GWF WHEREAS, the parties to the above-captioned action contemplate engaging in discovery, which may include, among other things, taking depositions and producing documents; 21 22 23 24 WHEREAS, these discovery proceedings may involve the production of certain information that the parties (the "Parties," each a "Party") believe to be confidential and sensitive commercial, financial or business information; and 25 WHEREAS, certain of the Parties are engaged in proprietary activities and may be 26 harmed if certain non-public personal, business or other sensitive confidential information or 27 documents were disclosed publicly; 28 Page 1 of 7 Dockets.Justia.com Case 2:18-cv-00922-JAD-GWF Document 18 Filed 07/19/18 Page 2 of 7 1 IT IS HEREBY STIPULATED by and between Plaintiff Plot USA, Inc. (“Plaintiff”), 2 by and through its counsel, Deanna L. Forbush, Esq., Bert Wuester, Jr., Esq. and Colleen E. 3 McCarty, Esq. of the law firm of Clark Hill PLLC, and Defendant Takeshi “Sean” Hayakawa 4 (“Defendant Hayakawa”), by and through his counsel Michael C. Mills, Esq. of the law firm of 5 6 7 8 Bauman Loewe Witt & Maxwell, PLLC and Michael N. Cohen, Esq. of the Cohen IP Law Group, PC, as follows: 1. Any party to this action may designate as "Confidential" any documents (and copies 9 thereof or other information furnished through agreement or discovery, and any such materials 10 or information shall be deemed confidential and shall be delivered or given only to counsel for 11 the other parties hereto. Said counsel shall keep such documents and information confidential 12 13 14 to themselves and shall not further disseminate or disclose any such confidential documents or information, except as hereinafter provided. The provisions of this Protective Order Re: 15 Confidential Materials (hereafter the "Order") shall be applicable to any abstracts, summaries 16 or similar materials prepared from, or based upon, such confidential documents or information. 17 18 19 2. Documents and tangible things designated as "Confidential" shall be given a stamped or typewritten indication to that effect. 3. The disclosure of confidential documents or information may be made only to 20 21 individual parties, to current and former employees, officers or directors of parties in this 22 action, to inside or outside counsel, to persons employed by or associated with outside counsel, 23 including any expert witness(es) and/or experts retained or specially employed in anticipation 24 of litigation or preparation for trial, and to any employee or officer of an institutional party 25 specifically designated to assist outside counsel in this litigation and/or preparation for trial. 26 4. Disclosure of confidential documents or information, whether by consent of counsel 27 for the producing party or pursuant to further Order of this Court, may be made only to: persons 28 Page 2 of 7 Case 2:18-cv-00922-JAD-GWF Document 18 Filed 07/19/18 Page 3 of 7 1 actively involved in the preparation of trial, trial or settlement of this case, and may be used by 2 the person to whom such disclosure is made only for those purposes, and not for any business, 3 competitive, or other purpose. 4 5. All persons, besides counsel for the parties, to whom confidential documents or 5 6 information is given, shown, made available, or communicated shall execute an agreement, in 7 the form attached hereto as Exhibit "A" not to disclose or use the information except in 8 accordance with the terms of this Order. It shall be the responsibility of counsel making such 9 disclosure of confidential documents or information to secure, prior to making such disclosure, 10 such an executed agreement from the person to whom disclosure is to be made, and to retain the 11 original of such executed agreement pending further Order of this Court or final disposition of 12 13 14 this action. 6. Nothing contained herein shall preclude any party to this action from utilizing 15 confidential documents or information in taking depositions which include any confidential 16 documents, or materials as part of the exhibits to said deposition, and any corresponding 17 videotape, shall be prepared with a designation, on the first page of the transcript and/or 18 19 videotape, that the deposition contains confidential materials, and all copies of such confidential materials shall be kept and disseminated by any party to this action only in 20 21 accordance with the terms of this Order. If during the course of any deposition in this matter, 22 counsel for any party asserts that a question propounded to the deponent is based upon or 23 derived from confidential documents or information, or that the deponent's answer to a question 24 should be treated as confidential, the transcript containing said inquiry and the answer, and any 25 corresponding videotape, shall be sealed and subject to disclosure only under the terms and 26 provisions of this Order. 27 28 Page 3 of 7 Case 2:18-cv-00922-JAD-GWF Document 18 Filed 07/19/18 Page 4 of 7 1 7. No person shall attend those portions of any deposition at which confidential 2 documents are utilized as exhibits, or when the examination is based upon confidential 3 documents or information, unless such person has been authorized to receive disclosure of 4 confidential documents or information pursuant to Paragraph 3 and 4 hereof. Any witness at 5 6 any such deposition shall be required to sign the acknowledgment and agreement attached 7 hereto as Exhibit "A" and shall not be allowed to remove from the place of deposition, hearing 8 or trial copies of any confidential documents. In the event any witness refuses to execute the 9 acknowledgment and agreement, the examination may nevertheless continue, and confidential 10 documents or information may be employed in connection therewith, but the witness shall be 11 provided with a copy of this Order and shall he advised that he or she is subject to sanctions to 12 13 14 be imposed by this Court for his or her refusal 8. Confidential documents or information may be filed with or presented to the 15 Court, or may be included in, attached to, or discussed in briefs, memoranda or other papers 16 filed with the Court, but, if so, they shall be filed in a sealed envelope bearing the caption of 17 this case and the language, "This envelope, filed in this case by (name of party), is not to be 18 19 opened nor the contents thereof revealed except by this Court, or by Order of the Court." Such documents so filed shall not be available for public inspection, but shall be retained by the 20 21 Clerk as though under seal and shall not be made available to any person, except to a judge of 22 this Court and to counsel for a party to this action, until further Order by this Court. 23 9. Upon final determination of this entire action, whether by judgment, settlement or 24 otherwise, and including any appeal from a final judgment, any confidential information or 25 documents, or copies thereof, and any summaries or extracts thereof, and copies of the 26 agreements (Exhibit "A") executed by any persons to whom disclosure of confidential 27 documents or information has been made, shall be returned or forwarded to the party producing 28 Page 4 of 7 Case 2:18-cv-00922-JAD-GWF Document 18 Filed 07/19/18 Page 5 of 7 1 such confidential documents or information. If counsel for any party contends that summaries 2 or extracts of confidential documents or information constitute, contain, or are contained in, 3 materials which are the work product of counsel, such materials need not be returned, but 4 counsel shall file with the Court a certification that all such materials, and any copies thereof, 5 6 7 have been destroyed. 10. In the event that any party to this action believes that materials or information 8 designated as confidential by the party producing or furnishing it should not be treated as 9 confidential or otherwise subject to the terms of this Protective Order, counsel shall so notify 10 counsel for the party who made that designation of the objection in writing. If within ten (10) 11 days after receipt of such notice, the party who designated the materials or information as 12 13 14 confidential has not withdrawn that designation, or the issue has not otherwise been resolved by mutual agreement, the party objecting to the designation may apply to the Court for relief. 15 The party who designated the material or information as confidential shall have the burden of 16 proof (by a preponderance of evidence) in demonstrating that the material or information 17 should remain confidential. 18 19 IT IS SO STIPULATED. DATED this 19th day of July, 2018. DATED this 19th day of July, 2018. CLARK HILL PLLC BAUMAN LOEWE WITT & MAXWELL, PLLC 20 21 22 23 24 25 26 27 By: /s/: Colleen E. McCarty____ DEANNA L. FORBUSH, ESQ. Nevada Bar No. 6646 BERT WUESTER JR., ESQ. Nevada Bar No. 5556 COLLEEN E. MCCARTY, ESQ. Nevada Bar No. 13186 3800 Howard Hughes Parkway, Suite 500 Las Vegas, Nevada 89169 Attorneys for Plaintiff PLOT USA By: /s/: Michael C. Mills____ MICHAEL C. MILLS, ESQ. Nevada Bar No. 0035334 3650 N. Rancho Dr., Ste. 114 Las Vegas, Nevada 89130 Email: mmillsblwmlawfim.com Attorneys for Defendant, Takeshi "Sean" Hyakawa 28 Page 5 of 7 Case 2:18-cv-00922-JAD-GWF Document 18 Filed 07/19/18 Page 6 of 7 1 DATED this 19th day of July, 2018. 2 COHEN IP LAW GROUP, PC 3 4 5 6 7 By: /s/: Michael Cohen_______ MICHAEL N. COHEN, ESQ. LIAM M. MCNAMARA 9025 Wilshire Blvd., Ste. 301 Beverly Hills, CA 90211 Email: mcohencohenip.com Attorneys for Defendant, Takeshi "Sean" Hyakawa 8 9 10 IT IS SO ORDERED. DATED this___ of of _____________, 20thday day July, 2018. 2018. 11 ______________________________________ UNITED STATES MAGISTRATE JUDGE 12 13 14 Respectfully Submitted. 15 CLARK HILL PLLC 16 By: /s/: Colleen E. McCarty DEANNA L. FORBUSH, ESQ. Nevada Bar No. 6646 BERT WUESTER JR., ESQ. Nevada Bar No. 5556 COLLEEN E. MCCARTY, ESQ. Nevada Bar No. 13186 3800 Howard Hughes Parkway, Suite 500 Las Vegas, Nevada 89169 Attorneys for Plaintiff PLOT USA 17 18 19 20 21 22 23 24 25 26 27 28 Page 6 of 7
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