Trustees of the Bricklayers & Allied Craftworkers Local 13 Defined Contribution Pension Trust For Southern Nevada et al v. PEGASUS MARBLE, INC. et al, No. 2:2020cv00224 - Document 47 (D. Nev. 2021)
Court Description: PROTECTIVE ORDER. ORDER granting 46 Stipulated Protective Order; ORDER denying as moot 44 Stipulated Protective Order. Signed by Magistrate Judge Brenda Weksler on 6/15/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Trustees of the Bricklayers & Allied Craftworkers Local 13 Def...et al v. PEGASUS MARBLE, INC. et al Doc. 47 Case 2:20-cv-00224-GMN-BNW Document 46 Filed 06/10/21 Page 1 of 7 1 2 3 4 NOVARA TESIJA & CATENACCI, PLLC NATHAN R. RING, ESQ. Nevada State Bar No. 12078 nrr@ntclaw.com 3960 Howard Hughes Parkway, Suite 500 Las Vegas, Nevada 89169 (702) 990-3528 Attorney for Plaintiffs 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE DISTRICT OF NEVADA 7 8 9 10 11 12 13 14 15 TRUSTEES OF THE BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 DEFINED CONTRIBUTION PENSION TRUST FOR SOUTHERN NEVADA; TRUSTEES OF THE BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 HEAL TH BENEFITS FUND; TRUSTEES OF THE BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 VACATION FUND; BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL 13 NEVADA; TRUSTEES OF THE BRICKLAYERS &TROWEL TRADES INTERNATIONAL PENSION FUND; TRUSTEES OF THE BRICKLAYERS & TROWEL TRADES INTERNATIONAL HEALTH FUND; TRUSTEES OF THE INTERNATIONAL MASONRY INSTITUTE, Case No. 2:20-cv-00224-GMN-BNW STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER 16 Plaintiffs, 17 v. 18 19 20 21 PEGASUS MARBLE, INC., a Nevada corporation; CYGNUS, LLC, a Nevada limited liability company; and GAGIK ZARGARYAN, individually, TOKIO MARINE HCC dba AMERICAN CONTRACTORS INDEMNITY COMPANY, a California insurance corporation Defendants. 22 /// 23 24 1 Dockets.Justia.com Case 2:20-cv-00224-GMN-BNW Document 46 Filed 06/10/21 Page 2 of 7 1 The parties to this Stipulated Protective Order are Cygnus, LLC (“Company”), Rubin Brown, 2 LLP (the “Auditor”), and the International Union of Bricklayers and Allied Craftworkers Local No. 13 3 Trust Funds (the “Funds”), which all shall be collectively referred to hereinafter as “the Parties”. 4 This Stipulated Protective Order applies to the following information and documents requested 5 by the Funds, and objected to by the Company: contracts with subcontractors, vendors and suppliers; 6 W-2 and W-3 documents for its employees; State SUI Reports; general ledger, including account 7 transaction detail, cash disbursements and receipts; and daily or weekly time cards or reports showing 8 work completed by its employees for the time period May 1, 2018 to present. 9 The Parties, having hereto stipulated and agreed, by and through their respective counsel, that 10 the records identified above constitute confidential information of the Company, but which Company 11 will provide to the counsel for the Funds who will provide such documents to the Auditor. The parties 12 further stipulate and agree to the entry of a Protective Order pursuant to Federal Rule of Civil 13 Procedure Rule 26(c) governing the production of the above identified materials, information, 14 documents, and the Court having approved the same. 15 IT IS HEREBY ORDERED THAT: 16 1. Scope of Production. The Company is expected to produce to counsel for the Funds the 17 above identified documents, previously objected to, within 30 days of the entry of this Stipulated 18 Confidentiality Agreement and Protective Order to the extent any such documents exist. The company 19 is not required to create any documents for purposes of production. 20 2. Designation of Documents. Company will designate as “confidential” for the above 21 identified documents by stamping the relevant page or pages of any document or response to discovery 22 which Company considers in good faith to contain information that is confidential business or financial 23 information, subject to this Stipulated Confidentiality Agreement and Protective Order. For a multiple 24 2 Case 2:20-cv-00224-GMN-BNW Document 46 Filed 06/10/21 Page 3 of 7 1 page document in which Company believes all information is confidential, Company shall designate on 2 the first page of the document that the entire document is confidential. 3 3. Use of the Information. The Auditor and the Funds agree that subject to the disclosure 4 restrictions set forth in paragraph 4 below, each will use and disclose the information and documents 5 provided by Company for audit purposes and collection efforts (including in the litigation) or other 6 such related purposes only. This protection does not apply to information and documents that are 7 publicly available. 8 9 4. Disclosure of Information. Except as provided herein, the Auditor and the Funds agree that: 10 a) They will not disclose the content of the information or documents or any parts thereof, or provide copies of the information or documents or any parts thereof, to anyone outside of the Parties; b) They will not disclose the contents of the information or documents or any parts thereof, or provide copies of the information or documents or any parts thereof, to any agent of the Funds who is an agent, employee, or affiliate of The Bricklayers & Allied Craftworkers (“BAC”) Local 13, any other BAC Local, or any Union. This expressly includes, but is not limited to, Richard Crawford; c) The information and documents will not be used by the Funds to contact, harass or intimidate general contractors, subcontractors or any customers of the Company; and d) The information and documents will not be disclosed to any competitor of Company. e) The Auditor is, however, permitted to distribute its audit report and agreed-upon procedures report to the Trustees of the Funds consistent with its agreement with the Funds and in upholding the Trustees’ fiduciary duties to the Funds’ participants and beneficiaries. 11 12 13 14 15 16 17 18 19 20 21 5. Destruction of Documents. Within thirty (30) calendar days of completion of the 22 litigation or any appeal resulting from the litigation, the Auditor and the Funds will destroy any 23 electronic copies of the information or documents provided by the Company and will shred or 24 3 Case 2:20-cv-00224-GMN-BNW Document 46 Filed 06/10/21 Page 4 of 7 1 otherwise destroy any physical copies, excerpts or summaries thereof, unless otherwise agreed to in 2 writing by the Parties. This process is outside the Auditor’s normal course and record retention policy 3 and different than its contract with the Funds. The Auditor is permitted to maintain in its own files its 4 work papers and a copy of the audit results and agreed upon procedures report consistent with its duties 5 for compliance with the Association of International Certified Professional Accountants (AICPA). 6 6. Counsel for Parties Subject to Agreement. The Parties agree that their respective counsel 7 are subject to this Agreement but that counsel for the Parties will be made privy to confidential 8 information or documents disclosed hereunder. Each Party is permitted to share confidential 9 information with their counsel for purposes of seeking and receiving legal advice and consultation. 10 7. Consultants or Expert Witnesses Retained. To the extent the Parties retain consultants or 11 experts for their claims and defenses in the Litigation, each such person shall execute a copy of the 12 Certification annexed to this Order as Exhibit “A” (which shall be retained by counsel to the party so 13 disclosing the Confidential Information and made available for inspection by opposing counsel during 14 the pendency or after the termination of the action only upon good cause shown and upon order of the 15 Court) before being shown or given any Confidential Information. 16 8. Witnesses in Case. Before being provided a confidential document during deposition or 17 otherwise during testimony, a witness shall sign the Certification. Confidential Information may be 18 disclosed to a witness who will not sign the Certification only in a deposition at which the party who 19 designated the Confidential Information is represented or has been given notice that Confidential 20 Information shall be designated “Confidential.” Witnesses shown Confidential Information shall not be 21 allowed to retain copies of such information or documents. 22 9. Filing Confidential Documents and Information with the Court. No party shall file or 23 submit for filing as part of the Court record any documents marked as “Confidential” without first 24 requesting leave of court to obtain permission to file such documents under seal. Notwithstanding this 4 Case 2:20-cv-00224-GMN-BNW Document 46 Filed 06/10/21 Page 5 of 7 1 agreement, should the party seeking leave to file a paper under seal be denied the ability to file under 2 seal, the Party may then file such document in open court. 3 12. Duration. All provisions of this Order restricting the communication or use of 4 Confidential Information or Documents shall continue to be binding after the conclusion of this 5 Litigation, unless otherwise agreed or ordered. 6 13. No Privilege Waiver. Nothing herein shall be deemed to waive any applicable privilege 7 or work product protection, or to affect the ability of a Party to seek relief for any inadvertent disclosure 8 of material protected by a privilege or work product protection. 9 10 The undersigned agree to the terms and conditions set forth above this 4th day of June, 2021: CYGNUS, LLC RUBIN BROWN, LLP 11 By: 12 13 Its: /s/ Ani Zargaryan Ani Zargaryan By: Glenn Goodnough Managing Member Its: 14 15 16 Managing Partner THE INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS, LOCAL NO. 13 TRUST FUNDS 17 18 19 By: /s/ Richard Crawford Richard Crawford Its: Chairman 20 21 22 23 24 Approved as to form and content: DATED this 4th day of June 2021. DATED this 4th day of June 2021 LAW OFFICE OF DANIEL MARKS NOVARA TESIJA & CATENACCI, PLLC /s/Adam Levine /s/ Nathan R. Ring 5 Case 2:20-cv-00224-GMN-BNW Document 46 Filed 06/10/21 Page 6 of 7 1 2 3 ADAM LEVINE, ESQ. Nevada State Bar No. 004673 alevine@danielmarks.net 610 South Ninth Street Las Vegas, Nevada 89101 Counsel for Defendants NATHAN R. RING, ESQ. Nevada State Bar No. 12078 nrr@ntclaw.com 3960 Howard Hughes Parkway, Suite 500 Las Vegas, Nevada 89169 Counsel for Plaintiffs 4 5 6 7 8 9 10 ORDER Based upon the stipulation of the parties above and their counsel of record, the Court hereby grants the parties’ Stipulated Confidentiality Agreement and Protective Order. IT IS FURTHER ORDERED that ECF No. 44 is DENIED as moot. June 15, 2021 Dated:____________________ ___________________________________ UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 Case 2:20-cv-00224-GMN-BNW Document 46 Filed 06/10/21 Page 7 of 7 1 EXHIBIT “A” 2 CERTIFICATION 3 I hereby certify my understanding that Confidential Information is being provided to me 4 pursuant to the terms and restrictions of the Confidentiality and Stipulated Protective Agreement 5 between Company, Auditor and the Funds and I have been given a copy of that Agreement and read it 6 fully. I agree to be bound by the Agreement. I will not reveal the Confidential Information to anyone, 7 except as allowed by the Agreement. I will maintain all such Confidential Information -- including 8 copies, notes, or other transcriptions made therefrom -- in a secure manner to prevent unauthorized 9 access to it. No later than thirty (30) days after the conclusion of this Litigation, I will destroy the 10 Confidential Information -- including copies, notes or other transcriptions made therefrom. I hereby 11 consent to the jurisdiction of the United States District Court for the District of Nevada for the purpose 12 of enforcing the Confidentiality and Stipulated Protective Agreement. 13 14 Dated: By: 15 16 17 18 19 20 21 22 23 24 7
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