MGM Grand Hotel, LLC v. Sultan et al, No. 2:2010cv01574 - Document 20 (D. Nev. 2011)
Court Description: PROTECTIVE ORDER Granting 18 Stipulation for Protective Order. Signed by Magistrate Judge Lawrence R. Leavitt on 1/5/11. (Copies have been distributed pursuant to the NEF - ASB)
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MGM Grand Hotel, LLC v. Sultan et al 1 2 3 4 Doc. 20 Michael D. Rounds State Bar No. 4734 Matthew D. Francis State Bar No. 6978 WATSON ROUNDS 5371 Kietzke Lane Reno, NV 89511 (775) 324-4100 5 6 7 8 John Koegel New York State Bar No. 1147032 THE KOEGEL GROUP LLP 161 Avenue of the Americas New York, NY 10013 (212) 255-7744 9 Admitted Pro Hac Vice 10 11 Attorneys for Defendant/ Counterclaimant Donald Sultan 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 16 17 18 19 20 21 22 Case No. 2:10-cv-01574-JCM-LRL MGM GRAND HOTEL, LLC, a Nevada limited liability company, ) ) ) Plaintiff, ) ) v. ) ) DONALD SULTAN, an individual, and ) DEANNA POSTIL & ASSOCIATES, INC., ) a California corporation, ) ) Defendants. ) ) And Related Counterclaims. ) STIPULATED PROTECTIVE ORDER 23 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and with the consent of 24 the parties to this action, IT IS HEREBY ORDERED: 25 1. All documents, materials, items, and/or information which are designated as 26 confidential under the terms of this Protective Order, and contain or comprise confidential and 27 28 1 Dockets.Justia.com 1 sensitive research, development or commercial information produced either by a party or by a 2 non-party shall be governed by this Protective Order. 3 2. Any information produced by any party or non-party as part of discovery in this 4 action may be designated by any party or the producing non-party as (1) "Confidential" or (2) 5 "Confidential-Attorneys' Eyes Only." As a general guideline, materials designated 6 "Confidential" shall be those confidential and sensitive things that may be disclosed to the 7 parties for the purpose of the litigation, but which must be protected against disclosure to third 8 parties. As a general guideline, materials designated "Confidential-Attorney's Eyes Only" shall 9 be those confidential and sensitive things of a financial, commercial, proprietary or technical 10 nature which might be of value to others, and which must be protected from disclosure to such 11 party and/or third parties. Absent a specific order by this Court, or written permission from the 12 designating party, information once designated as "Confidential" or "Confidential-Attorney's 13 Eyes Only" shall be used by parties solely in connection with this litigation, and not for any 14 other purpose, including, but not limited to, business, competitive, or governmental purpose or 15 function, and such information shall not be disclosed to anyone except as provided herein. 16 3. Any party or non-party wishing to come within the provisions of this Protective 17 Order shall designate, in writing, the documents, information, or portions thereof which he, she 18 or it considers confidential at the time such documents are produced or such information is 19 disclosed, or as soon thereafter as the person or entity seeking protection becomes aware of the 20 nature of the information or materials disclosed and sought to be protected hereunder. In the 21 instance of documents, the items produced must be marked "Confidential" or "Confidential- 22 Attorneys' Eyes Only" by the producing party or non-party. In the instance of depositions, 23 counsel may, in the record of the deposition, designate the transcript or portion thereof as 24 "Confidential" or "Confidential-Attorneys' Eyes Only," and only the parties identified in 25 paragraphs 4 and 5 may then be present in the depositions. The witness under deposition or his 26 counsel may invoke the provisions of this Protective Order in a timely manner, giving adequate 27 warning to counsel for the party or non-party that testimony about to be given is deemed 28 "Confidential" or "Confidential-Attorneys' Eyes Only." The designations should be made on 2 1 the record whenever possible, but a party may designate portions of a deposition either 2 "Confidential" or "Confidential-Attorney’s Eyes Only" provided written notice of such 3 designation is given to each party no later than (10) ten days following receipt of the deposition 4 transcript. 4. 5 Documents, deposition testimony, or answers to interrogatories stamped 6 "Confidential," or copies or extracts therefrom, and compilations and summaries thereof, and 7 the information therein, may be given, shown, made available to, or communicated in any way 8 only to the Court (including, but not limited to, the presiding judge, clerks, and court staff) and 9 those parties or other persons who agree in advance to abide by this Protective Order and to 10 whom it is necessary that the material be shown for purposes of this litigation. 5. 11 Documents, deposition testimony, or answers to interrogatories stamped 12 "Confidential-Attorneys' Eyes Only" or copies or extracts therefrom, and summaries and 13 compilations thereof, and the information therein, may be given, shown, made available to, or 14 communicated in any way only to (a) the Court (including, but not limited to, the presiding 15 judge, clerks, and court staff) as provided in Paragraphs 9 and 13; (b) the trial counsel 16 designated on the pleadings for the law firms of record in this actions and those of their staff to 17 whom it is necessary that the materials be shown for the purposes of this litigation; (c) 18 consultants as defined in Paragraph 6 hereof and pursuant to the provisions on Paragraph 7 19 hereof. 20 6. For purposes of Paragraph 5(b) hereof, a consultant shall be defined as a person 21 who is not an employee of a party nor anticipated to become an employee in the near future, 22 and who is retained or employed as a bona fide consultant or expert for purposes of this 23 litigation, whether full or part-time, by or at the direction of counsel for a party. 24 25 26 27 28 7. The procedure for having a consultant approved for access to information designated "Confidential-Attorneys' Eyes Only" shall be as follows: (a) The party seeking to have a consultant, as defined in Paragraph 6 hereof, approved shall provide the producing party with: i) the name of the designated person; 3 1 ii) the present employer and title of said designated person; 2 iii) a resume or curriculum vitae of said designated person; 3 iv) a written acknowledgment, in the form of Attachment A hereto, signed 4 by the designated person for whom approval is sought, that the person 5 has read this Protective Order and agrees to be bound by its terms. 6 (b) Within seven (7) calendar days after mailing (via overnight delivery) of the 7 information and written acknowledgment described in subparagraph (a), the producing party 8 may object to the person proposed for approval if the producing party has genuine reason to 9 believe that there is a reasonable possibility that the designated person may use information 10 designated "Confidential-Attorneys' Eyes Only" for purposes other than the preparation or trial 11 of this case or that the person proposed is in a competitive position or works for a competitor of 12 the producing party such that they cannot avoid possible use of the protected information. 13 Objections must be based upon a legitimate good faith belief and shall not be made for 14 purposes of delaying approval of said designated person. If an objection is found not to be 15 made in good faith by the court, then the party whom the objection was made shall be entitled 16 to reasonable attorneys’ fees and costs. Failure to object within ten (10) calendar days to a 17 person proposed shall be deemed approval, but shall but not preclude a producing party from 18 objecting to continued access by that person where facts suggesting a basis for objection are 19 subsequently learned by the producing party or its counsel. 20 (c) If the producing party so objects, the producing and requesting party shall, 21 within seven (7) calendar days from the date of the mailing of notice of objection, confer and 22 attempt to resolve the dispute. At the conference, the producing party shall inform the 23 requesting party of its reasons for objecting to the designated person. If the parties cannot 24 resolve the dispute, or if the conference does not take place, then the producing party may 25 move the Court for an order that access to information designated "Confidential-Attorneys' 26 Eyes Only" be denied to the designated person. The time periods are not to restrict either party 27 from moving for a court order earlier if the circumstances so require. 28 4 (d) 1 The parties agree that the information identified above in subparagraph 7(a) in 2 most cases constitutes sufficient information from which to approve said designated person, but 3 a party may seek production of additional information if reasonably necessary to determine 4 whether to approve the design person. 8. 5 All confidential information covered by this order shall be kept in secure 6 facilities at trial counsel's offices and in no event be taken to or stored on the premises of a 7 party without having first received written permission from the party designating the document 8 confidential, and access to those facilities shall be permitted only to those designated persons 9 set forth in Paragraphs 4, 5, and 6 of this Protective Order as persons properly having access 10 thereto under the appropriately designated degree of confidentiality. All counsel for the parties 11 who have access to confidential information under this Protective Order acknowledge they are 12 bound by this Order and submit to the jurisdiction of this Court for purposes of enforcing this 13 Order. 9. 14 No party or non-party may file any document containing any information or 15 exhibits designated by another party or non-party as “Confidential” or “Confidential -- 16 Attorneys’ Eyes Only” within the scope of this Order unless it is filed under seal. No party or 17 non-party may file any document containing any information or exhibits designated by the 18 filing party as “Confidential” or “Confidential -- Attorneys’ Eyes Only” within the scope of this 19 Order unless the party concurrently or in advance of the filing seeks leave of Court. 20 Notwithstanding any agreement among the parties, the party seeking to file a paper under seal 21 bears the burden of overcoming the presumption in favor of public access to papers filed in 22 court. 23 10. If any document or information designated to be "Confidential" or 24 "Confidential-Attorneys' Eyes Only" pursuant to this Protective Order is used during the course 25 of a deposition herein, that portion of the deposition record reflecting such confidential 26 information shall be sealed and stamped with the designated degree of confidentiality, and 27 access thereto shall be limited pursuant to the other terms of this Protective Order. 28 5 1 11. A party should designate as “Confidential” or “Confidential-Attorneys’ Eyes 2 Only” only such information or documents as the party reasonably and in good faith believes 3 require and justify protection under this Protective Order. If, at any time during the pendency 4 or trial of this action, counsel for any party claims that counsel for any other party is 5 unreasonably claiming certain information produced herein to be confidential, objecting 6 counsel may make an appropriate application to this Court, with confidential portions thereof to 7 be kept under seal, requesting that specifically identified documents, information, and/or 8 deposition testimony be excluded from the provisions of this Protective Order or downgraded 9 in terms of the degree of protection provided. Before filing any such application, the party 10 seeking relief shall confer with the other party to determine whether the matter can be resolved 11 by agreement. 12 12. The pretrial order submitted by the parties in this action shall address the 13 treatment at trial of documents, information or testimony designated "Confidential" or 14 "Confidential-Attorneys' Eyes Only" pursuant to this Protective Order unless the confidentiality 15 of such information has been removed by agreement of counsel or by this Court in accordance 16 with the provisions of Paragraph 11 of this Protective Order. 17 13. At any hearing relating to this litigation prior to trial before any judicial officer, 18 subject to the rules of evidence and order of the Court, a party may use any “Confidential” or 19 “Confidential-Attorneys’ Eyes Only” information or documents for any purpose, provided that 20 adequate prior notice of such use is given to counsel for the opposing party to permit the 21 opposing party the opportunity to obtain appropriate protection from the Court, including a 22 request to the Court that the courtroom be cleared and that the court employees be advised as to 23 the terms of this Protective Order. If any party reasonably anticipates that “Confidential” or 24 “Confidential-Attorneys’ Eyes Only” information or documents will be presented in any 25 hearing in this litigation, it may request that the Court close the courtroom during such 26 presentation. If the Court denies any such request, the use of the “Confidential” or 27 “Confidential-Attorneys’ Eyes Only” information or documents in court shall not affect its 28 coverage by this Protective Order or constitute a waiver of confidentiality with respect thereto. 6 1 14. The terms of this Protective Order shall apply to all manner and means of 2 discovery, including entry onto land or premises and inspection of books, records, documents, 3 and tangible things. 4 15. This Protective Order shall be effective on the date entered by the Court. 5 16. Within ninety (90) days after the conclusion of this action, unless otherwise 6 agreed by the parties, all confidential materials and/or information shall be returned to the party 7 or non-party who produced such materials, or to their respective counsel, or such information 8 shall be destroyed, at the election of the receiving party, and if destroyed, the receiving party 9 shall provide written notice of such destruction within the time period prescribed by this 10 paragraph. 11 IS SO STIPULATED: 12 Dated: December 22, 2010 Dated: December 22, 2010 By: /s/ Matthew D. Francis Michael D. Rounds Matthew D. Francis WATSON ROUNDS 5371 Kietzke Lane Reno, NV 89511 (775) 324-4100 By: /s/ Michael J. McCue Michael J. McCue Jonathan W. Fountain LEWIS AND ROCA LLP 3993 Howard Hughes Parkway Suite 600 Las Vegas, NV 89169 (702) 949-8200 13 14 15 16 17 18 19 20 21 22 John Koegel New York State Bar No. 1147032 THE KOEGEL GROUP LLP 161 Avenue of the Americas New York, NY 10013 (212) 255-7744 Attorneys for Plaintiff/Counterdefendant MGM Grand Hotel, LLC Attorneys for Defendant/ Counterclaimant Donald Sultan 23 24 IT IS SO ORDERED: 25 26 ______________________________ United States Magistrate Judge 27 1-5-11 Dated:________________________ 28 7 1 Attachment A 2 ACKNOWLEDGEMENT AND NONDISCLOSURE AGREEMENT 3 I, , do solemnly swear that I am fully familiar with the terms 4 of the Stipulated Protective Order entered in MGM Grand Hotel, LLC v. Sultan, et al., United 5 States District Court for the District of Nevada, Case No. 2:10-cv-01574-JCM-LRL, and 6 hereby agree to comply with and be bound by the terms and conditions of said Order unless and 7 until modified by further Order of this Court. I hereby consent to the jurisdiction of said Court 8 for purposes of enforcing this Order. 9 Dated:______________________ Signed____________________ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8
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