Nadav v. Nevada Property 1 LLC dba Cosmopolitan of Las Vegas, No. 2:2023cv01116 - Document 19 (D. Nev. 2023)
Court Description: ORDER Granting 18 Stipulation to Protect Confidential Materials and Information. Signed by Magistrate Judge Elayna J. Youchah on 10/3/2023. (Copies have been distributed pursuant to the NEF - JQC) Modified Date Filed to match Order on 10/4/2023 (CJS).
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Nadav v. Nevada Property 1 LLC dba Cosmopolitan of Las Vegas Doc. 19 Case 2:23-cv-01116-RFB-EJY Document 19 Filed 10/03/23 Page 1 of 7 1 2 3 4 5 6 7 8 9 LARRY H. LUM, ESQ. Nevada Bar No. 14914 KAREN L. BASHOR, ESQ. Nevada Bar No. 11913 JONATHAN A. RICH, ESQ. Nevada Bar No. 15312 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 6689 Las Vegas Boulevard, South, Suite 200 Las Vegas, NV 89119 (702) 727-1400; FAX (702) 727-1401 larry.lum@wilsonelser.com karen.bashor@wilsonelser.com jonthan.rich@wilsonelser.com Attorneys for Defendant Nevada Property 1 LLC d/b/a The Cosmopolitan Hotel 10 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 14 JACOB NADAV; Plaintiff, 15 16 17 18 19 CASE NO: 2:23-cv-01116-RFB-EJY STIPULATION AND ORDER TO PROTECT CONFIDENTIAL MATERIALS AND INFORMATION vs. NEVADA PROPERTY 1 LLC, d/b/a COSMOPOLITAN HOTEL; a domestic limited liability company; DOE EMPLOYEES OF THE COSMOPOLITAN HOTEL; DOES 1-25, inclusive; ROE CORPORATION 1-25, inclusive, Defendants. 20 21 IT IS HEREBY STIPULATED AND AGREED, by the undersigned attorneys for the 22 respective parties, that with regard to material disclosed in the course of the above-captioned lawsuit 23 (“Lawsuit”) which constitute or contain trade secrets or other confidential research, development, 24 or commercial information of the parties (“Confidential Material”), the following procedures shall 25 govern: 26 27 1. This Order is meant to encompass all forms of disclosure which may contain Confidential Material, including any document, pleading, motion, exhibit, declaration, affidavit, 28 Page 1 of 7 Dockets.Justia.com Case 2:23-cv-01116-RFB-EJY Document 19 Filed 10/03/23 Page 2 of 7 1 2 deposition transcript, inspection and all other electronic and tangible items. 2. The parties may designate any Confidential Material produced or filed in this Lawsuit 3 as confidential and subject to the terms of this Order by marking such materials “Confidential.” If 4 any material has multiple pages, this designation need only be placed on the first page of such 5 material. Any material designated as “Confidential” shall not be disclosed to any person or entity, 6 except to the parties, counsel for the respective parties, and expert witnesses assisting counsel in 7 this Lawsuit. 8 9 10 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 11 be made shall execute a written “Confidentiality Agreement” (in the form attached as Ex. A hereto) 12 consenting to be bound by the terms of this Order. The parties, counsel for the respective parties 13 (including legal assistants and other personnel) are deemed to be bound by this Order and are not 14 required to execute a Confidentiality Agreement. 15 5. Only counsel of record in this Lawsuit shall be permitted to disseminate Confidential 16 Material. Upon dissemination of any Confidential Material, each non-designating counsel of record 17 in this Lawsuit shall maintain a written record as to: (1) the identity of any person given Confidential 18 Material, and (2) the identity of the Confidential Material so disseminated (such as by “Bates stamp” 19 number). Such record shall be made available to the designating party upon request. 20 6. If additional persons become parties to this Lawsuit, they shall not have access to any 21 Confidential Material until they execute and file with the Court their written agreement to be bound 22 by the terms of this Order. 23 7. In the event that any question is asked at a deposition that calls for the disclosure of 24 Confidential Material, the witness shall answer such question (unless otherwise instructed not to do 25 so on grounds of privilege) provided that the only persons in attendance at the deposition are persons 26 who are qualified to receive such information pursuant to this Order. Deposition testimony may be 27 designated as confidential following the testimony having been given provided that: (1) such 28 Page 2 of 7 Case 2:23-cv-01116-RFB-EJY Document 19 Filed 10/03/23 Page 3 of 7 1 testimony is identified and designated on the record at the deposition, or (2) non-designating counsel 2 is notified of the designation in writing within thirty days after receipt by the designating party of 3 the respective deposition transcript. All deposition transcripts in their entirety shall be treated in the 4 interim as “Confidential” pursuant to paragraph 2 above. 5 incorporated in a deposition transcript, the party designating such information confidential shall 6 make arrangements with the court reporter not to disclose any information except in accordance 7 with the terms of this Order. 8 8. When Confidential Material is If a deponent refuses to execute a Confidentiality Agreement, disclosure of 9 Confidential Material during the deposition shall not constitute a waiver of confidentiality. Under 10 such circumstances, the witness shall sign the original deposition transcript in the presence of the 11 court reporter and no copy of the transcript or exhibits shall be given to the deponent. 12 9. If a party wishes to attach Confidential Material to a non-dispositive motion or other 13 filing (excluding dispositive motions) with the Court, then that party will notify the designating 14 party of its intent to attach the Confidential Material to the filing in writing at least ten (10) days 15 before filing. If the designating party believes that the release of the Confidential Material is adverse 16 to the terms of this stipulation, then the non-designating party will bring a motion to seal the non- 17 dispositive motion or other filing. 18 10. If any party makes inadvertent disclosure of any document or information that is subject 19 to an objection on the basis of privilege or the attorney work product doctrine, the disclosure will not 20 be deemed to waive that party's claim to its privileged or protected nature or estop that party or 21 privilege holder from designating the information or document as privileged or subject to the attorney 22 work product doctrine. Any party receiving any such information or documents shall return the 23 information or documents and any copies of the same upon written request from the producing party. 24 25 26 27 28 Upon receiving such a request as to specific information or documents, the receiving party shall return the information or documents and any copies of the same to the producing party within five (5) business days, regardless of whether the receiving party agrees with the claim of privilege and/or work-product protection. If the information or document is disclosed by the non-producing party to a third party in accordance with the provisions of this Order prior to the designation as subject to Page 3 of 7 Case 2:23-cv-01116-RFB-EJY Document 19 Filed 10/03/23 Page 4 of 7 1 privilege and/or the attorney work product doctrine, the party that inadvertently disclosed the 2 document or information is not deemed to waive its claim to the privileged or protected nature and is 3 not estopped from designating the information or document as privileged and/or subject to the attorney 4 work product doctrine. Furthermore, the non-producing party must send a request in writing to the 5 third party to whom the document or information was disclosed no later than five (5) days after a 6 request for return of the documents or information and any copies of the same from the producing 7 8 9 10 party, requesting that the third party to whom it was produced return the information or documents and any copies of the same to the non-producing party. Upon receipt of the documents or information and any copies of the same from the third party, the non-producing party must return the documents and/or information and any copies of the same to the producing party within five (5) days of the nonproducing party's receipt of the same from the third party. As outlined in paragraph 15 below, nothing 11 in this Order prevents the parties from challenging any assertion of privilege. 12 11. If a party wishes to to submit into the written record of this case any document marked 13 "CONFIDENTIAL" or "SUBJECT TO PROTECTIVE ORDER" or excerpts from any such document, that 14 party shall seek to submit the document under seal. 15 12. 16 17 18 19 Papers filed with the Court under seal shall be accompanied by a motion for leave to file those documents under seal addressing the specific reasons for filing these documents under seal pursuant to Kamakana v. City of Cnty. Of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and shall be filed in accordance with the Court's electronic filing procedures. If papers are filed under seal pursuant to prior Court order, the papers shall bear the following notation on the first page, directly under the case number: "FILED UNDER 20 SEAL PURSUANT TO COURT ORDER DATED [INSERT DATE]." All papers filed under seal will 21 remain sealed until such time as the Court may deny the motion to seal or enter an order to unseal them, or 22 the documents are unsealed pursuant to Local Rule. 23 13. If a non-designating party is subpoenaed or ordered to produce Confidential Material 24 by another court or administrative agency, such party shall promptly notify the designating party of 25 the pending subpoena or order and shall not produce any Confidential Material until the designating 26 party has had reasonable time to object or otherwise take appropriate steps to protect such 27 Confidential Material. 28 Page 4 of 7 Case 2:23-cv-01116-RFB-EJY Document 19 Filed 10/03/23 Page 5 of 7 1 14. If a party believes that any Confidential Material does not contain confidential 2 information, it may contest the applicability of this Order to such information by notifying the 3 designating party’s counsel in writing and identifying the information contested. The parties shall 4 have thirty days after such notice to meet and confer and attempt to resolve the issue. If the dispute 5 is not resolved within such period, the party seeking the protection shall have thirty days in which 6 to make a motion for a protective order with respect to contested information. Information that is 7 subject to a dispute as to whether it is properly designated shall be treated as designated in 8 accordance with the provisions of this Order until the Court issues a ruling. 9 15. Inadvertent failure to designate any material “Confidential” shall not constitute a 10 waiver of an otherwise valid claim of confidentiality pursuant to this Order, so long as a claim of 11 confidentiality is asserted within fifteen days after discovery of the inadvertent failure. At such 12 time, arrangements shall be made by the parties to designate the material “Confidential” in 13 accordance with this Order. 14 15 16 16. 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. 17. When any counsel of record in this Lawsuit or any attorney who has executed a 17 Confidentiality Agreement becomes aware of any violation of this Order, or of facts constituting 18 good cause to believe that a violation of this Order may have occurred, such attorney shall report 19 that there may have been a violation of this Order to the Court and all counsel of record. 20 18. Within thirty days after the termination of this Lawsuit (whether by dismissal or final 21 judgment), all Confidential Material (including all copies) shall be returned to counsel for the 22 designating party. In addition, counsel returning such material shall execute an affidavit verifying 23 that all Confidential Material produced to such counsel and any subsequently made copies are being 24 returned in their entirety pursuant to the terms of this Order. 25 contemplates that returning counsel has: (1) contacted all persons to whom that counsel 26 disseminated Confidential Material, and (2) confirmed that all such material has been returned to 27 disseminating counsel. 28 Page 5 of 7 Such a representation fully Case 2:23-cv-01116-RFB-EJY Document 19 Filed 10/03/23 Page 6 of 7 1 19. After the termination of this Lawsuit, the provisions of this Order shall continue to be 2 binding and this Court shall retain jurisdiction over the parties and any other person who has access 3 to documents and information produced pursuant to this Order for the sole purpose of enforcement 4 of its provisions. 5 6 IT IS SO STIPULATED: Dated: October 3, 2023 Dated: October 3, 2023 7 HICKS & BRASIER, PLLC 8 9 10 11 12 13 /s/ Jonathan A. Rich Larry H. Lum, Esq. Nevada Bar No. 14914 Karen L. Bashor, Esq. Nevada Bar No. 11913 Jonathan A. Rich, Esq. Nevada Bar No. 15312 Attorneys for Defendant Nevada Property 1 LLC d/b/a The Cosmopolitan Hotel 14 15 /s/ Tex J. Boonjue Alison M. Brasier, Esq. Nevada Bar No. 10522 Tex J. Boonjue, Esq. Nevada Bar No. 15016 Attorneys for Plaintiff ORDER IT IS SO ORDERED: 16 17 UNITED STATES MAGISTRATE JUDGE 18 19 DATED: 20 21 22 23 24 25 26 27 28 Page 6 of 7 _________________________ October 3, 2023 Case 2:23-cv-01116-RFB-EJY Document 19 Filed 10/03/23 Page 7 of 7 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 Melva Strange 5 v. Nevada Property 1 LLC, et al., Case No 2:23-cv-1012-ART-EJY (“Protective Order”), currently 6 pending before the United States District Court, District of Nevada (“District Court”), governing 7 the 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 18 Signature 19 20 21 22 Printed Name 23 24 25 26 27 28 Page 7 of 7
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