Maralan v. Nevada Property 1, LLC et al, No. 2:2021cv02220 - Document 55 (D. Nev. 2022)
Court Description: ORDER Granting 53 Stipulation to Protect Confidential Materials and Information. Signed by Magistrate Judge Cam Ferenbach on 9/26/2022. (Copies have been distributed pursuant to the NEF - TRW)
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Maralan v. Nevada Property 1, LLC et al Doc. 55 Case 2:21-cv-02220-CDS-VCF Document 55 Filed 09/26/22 Page 1 of 6 1 2 3 4 5 6 7 8 LARRY H. LUM, ESQ. Nevada Bar No. 14914 KAREN L. BASHOR, ESQ. Nevada Bar No. 11913 ELISA L. WYATT, ESQ. Nevada Bar No. 13034 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, NV 89119 (702) 727 1264; FAX (702) 727 1401 larry.lum@wilsonelser.com karen.bashor@wilsonelser.com elisa.wyatt@wilsonelser.com Attorneys for Defendant Nevada Property 1 LLC d/b/a The Cosmopolitan of Las Vegas 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 SAM MARALAN, an individual, Plaintiff, 13 14 15 16 Case No.: 2:21-cv-02220-CDS-VCF STIPULATION AND ORDER TO PROTECT CONFIDENTIAL MATERIALS AND INFORMATION vs. NEVADA PROPERTY 1, LLC, a Nevada limited liability company d/b/a THE COSMOPOLITAN OF LAS VEGAS; and DOES 1 through 50 inclusive, 17 Defendants 18 19 IT IS HEREBY STIPULATED AND AGREED, by the undersigned attorneys for the 20 respective parties, that with regard to material disclosed in the course of the above-captioned lawsuit 21 (“Lawsuit”) which constitute or contain trade secrets or other confidential research, development, 22 or commercial information of the parties (“Confidential Material”), the following procedures shall 23 govern: 24 1. This Order is meant to encompass all forms of disclosure which may contain 25 Confidential Material, including any document, pleading, motion, exhibit, declaration, affidavit, 26 deposition transcript, inspection and all other electronic and tangible items. 27 /// 28 Page 1 of 6 275907619v.1 Dockets.Justia.com Case 2:21-cv-02220-CDS-VCF Document 55 Filed 09/26/22 Page 2 of 6 1 2. The parties may designate any Confidential Material produced or filed in this Lawsuit 2 as confidential and subject to the terms of this Order by marking such materials “Confidential.” If 3 any material has multiple pages, this designation need only be placed on the first page of such 4 material. Any material designated as “Confidential” shall not be disclosed to any person or entity, 5 except to the parties, counsel for the respective parties, and expert witnesses assisting counsel in 6 this Lawsuit. 7 8 9 3. Any material designated as confidential pursuant to paragraph 2 above shall be used solely for the purposes of this Lawsuit and for no other purpose. 4. Prior to disclosure of any Confidential Material, each person to whom disclosure is to 10 be made shall execute a written “Confidentiality Agreement” (in the form attached as Ex. A hereto) 11 consenting to be bound by the terms of this Order. The parties, counsel for the respective parties 12 (including legal assistants and other personnel) are deemed to be bound by this Order and are not 13 required to execute a Confidentiality Agreement. 14 5. Only counsel of record in this Lawsuit shall be permitted to disseminate Confidential 15 Material. Upon dissemination of any Confidential Material, each non-designating counsel of record 16 in this Lawsuit shall maintain a written record as to: (1) the identity of any person given Confidential 17 Material, and (2) the identity of the Confidential Material so disseminated (such as by “Bates stamp” 18 number). Such record shall be made available to the designating party upon request. 19 6. If additional persons become parties to this Lawsuit, they shall not have access to any 20 Confidential Material until they execute and file with the Court their written agreement to be bound 21 by the terms of this Order. 22 7. In the event that any question is asked at a deposition that calls for the disclosure of 23 Confidential Material, the witness shall answer such question (unless otherwise instructed not to do 24 so on grounds of privilege) provided that the only persons in attendance at the deposition are persons 25 who are qualified to receive such information pursuant to this Order. Deposition testimony may be 26 designated as confidential following the testimony having been given provided that: (1) such 27 testimony is identified and designated on the record at the deposition, or (2) non-designating counsel 28 Page 2 of 6 275907619v.1 Case 2:21-cv-02220-CDS-VCF Document 55 Filed 09/26/22 Page 3 of 6 1 is notified of the designation in writing within thirty days after receipt by the designating party of 2 the respective deposition transcript. All deposition transcripts in their entirety shall be treated in the 3 interim as “Confidential” pursuant to paragraph 2 above. 4 incorporated in a deposition transcript, the party designating such information confidential shall 5 make arrangements with the court reporter not to disclose any information except in accordance 6 with the terms of this Order. 7 8. When Confidential Material is If a deponent refuses to execute a Confidentiality Agreement, disclosure of 8 Confidential Material during the deposition shall not constitute a waiver of confidentiality. Under 9 such circumstances, the witness shall sign the original deposition transcript in the presence of the 10 11 court reporter and no copy of the transcript or exhibits shall be given to the deponent. 9. If a party wishes to attach Confidential Material to a non-dispositive motion or other 12 filing (excluding dispositive motions) with the Court, then that party will notify the designating 13 party of its intent to attach the Confidential Material to the filing in writing at least ten (10) days 14 before filing. If the designating party believes that the release of the Confidential Material is adverse 15 to the terms of this stipulation, then the non-designating party will bring a motion to seal the non- 16 dispositive motion or other filing. 17 10. If a party wishes to attach Confidential Material to a dispositive motion, then that 18 party will notify the designating party of its intent to attach the Confidential Material to the 19 dispositive motion, in writing, at least ten (10) days before filing. The designating party shall then 20 file a motion with the Court to seal the document, setting forth a compelling reason as established 21 by the Ninth Circuit Court of Appeals in Kamakan v. City and County of Honolulu, 447 F.3d 1172 22 (9th Cir. 2006). 23 11. If a party wishes to file any Confidential Material under seal, the party must comply 24 with the requirements of Local Rule IA 10-5 and the Ninth Circuit Court of Appeals’ decision in 25 Kamakan v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). 26 27 12. If a non-designating party is subpoenaed or ordered to produce Confidential Material by another court or administrative agency, such party shall promptly notify the designating party of 28 Page 3 of 6 275907619v.1 Case 2:21-cv-02220-CDS-VCF Document 55 Filed 09/26/22 Page 4 of 6 1 the pending subpoena or order and shall not produce any Confidential Material until the designating 2 party has had reasonable time to object or otherwise take appropriate steps to protect such 3 Confidential Material. 4 13. If a party believes that any Confidential Material does not contain confidential 5 information, it may contest the applicability of this Order to such information by notifying the 6 designating party’s counsel in writing and identifying the information contested. The parties shall 7 have thirty days after such notice to meet and confer and attempt to resolve the issue. If the dispute 8 is not resolved within such period, the party seeking the protection shall have thirty days in which 9 to make a motion for a protective order with respect to contested information. Information that is 10 subject to a dispute as to whether it is properly designated shall be treated as designated in 11 accordance with the provisions of this Order until the Court issues a ruling. 12 14. Inadvertent failure to designate any material “Confidential” shall not constitute a 13 waiver of an otherwise valid claim of confidentiality pursuant to this Order, so long as a claim of 14 confidentiality is asserted within fifteen days after discovery of the inadvertent failure. At such 15 time, arrangements shall be made by the parties to designate the material “Confidential” in 16 accordance with this Order. 17 18 19 15. This Order shall be without prejudice to the right of any party to oppose production of any information or object to its admissibility into evidence. 16. When any counsel of record in this Lawsuit or any attorney who has executed a 20 Confidentiality Agreement becomes aware of any violation of this Order, or of facts constituting 21 good cause to believe that a violation of this Order may have occurred, such attorney shall report 22 that there may have been a violation of this Order to the Court and all counsel of record. 23 17. Within thirty days after the termination of this Lawsuit (whether by dismissal or final 24 judgment), all Confidential Material (including all copies) shall be returned to counsel for the 25 designating party. In addition, counsel returning such material shall execute an affidavit verifying 26 that all Confidential Material produced to such counsel and any subsequently made copies are being 27 returned in their entirety pursuant to the terms of this Order. 28 Page 4 of 6 275907619v.1 Such a representation fully Case 2:21-cv-02220-CDS-VCF Document 55 Filed 09/26/22 Page 5 of 6 1 contemplates that returning counsel has: (1) contacted all persons to whom that counsel 2 disseminated Confidential Material, and (2) confirmed that all such material has been returned to 3 disseminating counsel. 4 18. After the termination of this Lawsuit, the provisions of this Order shall continue to be 5 binding and this Court shall retain jurisdiction over the parties and any other person who has access 6 to documents and information produced pursuant to this Order for the sole purpose of enforcement 7 of its provisions. 8 9 IT IS SO STIPULATED: Dated this 23rd day of September, 2022. 10 Dated this 23rd day of September, 2022. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 11 12 13 14 15 /s/ Sam Maralan Sam Maralan 3080 Bristol Street, Suite 630 Costa Mesa, CA 92626 Plaintiff In Proper Person 16 17 18 /s/ Elisa L. Wyatt, Esq. LARRY H. LUM, ESQ. Nevada Bar No. 14914 KAREN L. BASHOR, ESQ. Nevada Bar No. 11913 ELISA L. WYATT, ESQ. Nevada Bar No. 13034 6689 Las Vegas Blvd. South, Suite 200 Las Vegas, NV 89119 Attorneys for Defendant Nevada Property 1 LLC d/b/a The Cosmopolitan of Las Vegas 19 ORDER 20 21 IT IS SO ORDERED. 22 23 ______________________________ Cam Ferenbach United States Magistrate Judge 24 9-26-2022 25 DATED ________________________ 26 27 28 Page 5 of 6 275907619v.1 Case 2:21-cv-02220-CDS-VCF Document 55 Filed 09/26/22 Page 6 of 6 1 EXHIBIT A 2 CONFIDENTIALITY AGREEMENT 3 I, , affirm that I have read the foregoing 4 Stipulation and Order to Protect Confidential Materials and Information entered in Sam Maralan v. 5 Nevada Property 1 LLC, Case No. 2:21-cv-0220-CDS-VCF (“Protective Order”), currently pending 6 before the United States District Court for the District of Nevada (“District Court”), governing the 7 documents produced by the parties in this case. I have read the Protective Order governing 8 documents produced by the parties in this case. I understand its terms and agree to be bound by the 9 terms of the Protective Order. I understand that my duties under the Protective Order will survive 10 the termination of this case and that failure to comply with its terms may result in the District Court 11 imposing sanctions on me. I consent to personal jurisdiction of the District Court for the purpose 12 of enforcing the Protective Order. 13 14 15 I hereby affirm under the pains and penalties of perjury that the foregoing is true and correct to the best of my knowledge and belief. DATED this day of , 202__. 16 17 Signature 18 19 20 21 Printed Name 22 23 24 25 26 27 28 Page 6 of 6 275907619v.1
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