Blue Moon Marketing, LLC v. Matthews et al, No. 2:2013cv02238 - Document 53 (D. Nev. 2014)

Court Description: PROTECTIVE ORDER Granting 52 Stipulated Protective Order. Signed by Magistrate Judge George Foley, Jr on 03/27/2014. (Copies have been distributed pursuant to the NEF - AC)
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Blue Moon Marketing, LLC v. Matthews et al 2 3 4 5 6 7 8 9 Doc. 53 ROBERT J. CALD WELL, ESQ. Nevada Bar No. 007637 JONATHAN D. BLUM, ESQ. Nevada Bar No. 009515 KOLESAR & LEATHAM 400 South Rampart Boulevard, Suite 400 Las Vegas, Nevada 89145 Telephone: (702) 362-7800 Facsimile: (702) 362-9472 E-Mail: Attorneys for Defendants, Counterclaimants, and Crossclaimants, Philip Brewer and Summer Bay Resorts Crown Club, LLC; and Plaintiff in Intervention Summer Bay Sales and Marketing, L. C. 10 11 Cq 12 QCN UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA 14 15 BLUE MOON MARKETING, LLC., 16 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO. 2:13-cv-2238-JAD-GWF Plaintiff, vs. SCOTT MATTHEWS, an individual; TRAVEL EXCURSION NETWORK, LLC, a Florida limited-liability company; 4 STAR HOLDINGS, LLC, a Florida Limited Liability Company; ALLAN R. LEFFLER, an individual; TRACY L. LEFFLER, an individual; PRESTIGE TRAVEL SYSTEMS, INC., a Florida corporation; RON LASCALA, an individual; SUMMER BAY RESORTS CROWN CLUB, LLC, a Florida limited liability company; PHILLIP BREWER, an individual; WESTGATE RESORTS, LTD., a Florida limited partnership; WESTGATE RESORTS, L.L.C., a Florida limited-liability company; WESTGATE RESORTS, INC., a Florida corporation; RW ADVERTISING, INC., an Illinois corporation; REVENUE FRONTIER, LLC, a California foreign limitedliability company; CALL SERVICES INTERNATIONAL, LLC, a Florida Limited 1609255 (8989-2) Page 1 of STIPULATED PROTECTIVE ORDER 1 Liability Company; and DOES 1-10, inclusive, 2 Defendants. 3 SUMMER BAY SALES AND MARKETING, LC, a Florida limited liability company, 4 Intervenor, 5 vs. 6 BLUE MOON MARKETING, LLC; SCOTT R. MATTHEWS, an individual; TRAVEL SHOPPING NETWORK, LLC; BRIAN MACGREGOR, an individual, 7 8 9 Defendants. 10 11 IT is STIPULATED AND AGREED by and between the parties, acting through their 12 ii:: counsel, pursuant to FRCP 26(c) and LR 16.1-4. as follows: 13 eoc 1. Disclosure and discovery activity in this action are likely to involve production of 14 confidential, proprietary or private information for which special protection from public 15 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 16 Accordingly, the parties hereby stipulate to and petition the Court to enter the following 17 Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket 18 protections on all disclosures or responses to discovery and that the protection it affords from 19 public disclosure and use extends only to the limited information or items that are entitled to 20 confidential treatment under the applicable legal principles. t a .s' N 21 22 2. I The parties may designate as confidential any document or evidence produced in discovery which relates in any manner to non-public information that a party alleges is 23 confidential, private, proprietary or trade secret material. Such designation shall occur by 24 stamping "CONFIDENTIAL" to each page that contains protected material. 25 26 3. I Documents designated confidential pursuant to paragraph 1 may be distributed only to (a) a party or counsel of record for the parties and by them to their staffs; (b) deponents 27 during the course of their depositions; (c) deposition notaries and their staff; (d) a party’s 28 retained experts; and, (e) professional vendors i.e. persons or entities that provide litigation 1609255 (8989-2) Page 2 of 7 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 2 I demonstrations, and organizing, storing, or retrieving data in any form or medium) and their 31 employees and subcontractors. 4. Documents designated confidential pursuant to paragraph 2 and disclosed to 5 persons described in paragraph 3 shall be treated by them as confidential, for use solely in this 6 lawsuit. Such documents, or the contents thereof, shall not be disclosed to anyone to whom 7 access to such documents is not permitted under paragraph 3. Documents designated confidential 8 may be used by them solely in this litigation, and for not for any other purpose. 9 5. No copies of documents designated confidential shall be made except by a party’s 10 counsel of record. Any counsel making or causing to be made copies of confidential documents 11 shall maintain all copies within his/her possession or within the possession of those entitled to 12 access to confidential documents under paragraph 3. 13 E- 6. 14 cl thereof to a person described in paragraph 3, that person shall: 15 Ev = N Prior to dissemination of documents designated confidential or the contents (i) 16 Be advised by counsel making such dissemination of the terms of this Stipulation and Protective Order; 17 (ii) Read this Stipulation and Protective Order; and 18 (iii) Sign the "Acknowledgement and Agreement to Be Bound" that is attached hereto 19 as Exhibit A thereby becoming subject to this Stipulation and Protective Order. 20 21 22 23 7. Any brief, memorandum, or other document submitted to the Court by a party that I discloses information contained in a confidential document shall be filed under seal, unless otherwise ordered by the Court. 8. To the extent that documents designated confidential are used as deposition 24 exhibits or are referred to in the course of depositions, that portion of the transcript of such 25 depositions shall be treated as confidential and shall be filed under seal. 26 9. If any party intends to offer into evidence or otherwise disclose in open court any 27 document designated confidential, counsel for the proponent shall give reasonable notice of such 28 intention to the party that designated the document as confidential, who may take such steps as 1609255 (8989-2) Page 3 of 7 1 are reasonably necessary and approved by the Court to preserve the confidentiality of such 2 I document. 3 10. The inadvertent production by any party in the course of discovery of a document 4 subject to a claim of attorney client privilege, work product, or other statutory or court-ordered 5 confidentiality, will not result in a waiver of any of the foregoing protections in these or any 6 other proceedings, for the produced document. 7 CHALLENGING CONFIDENTIALITY DESIGNATIONS 8 11. 9 I Timing of Challenges. Any party may challenge a designation of confidentiality at anytime. 10 12. Meet and Confer. The challenging party shall initiate the dispute resolution 11 12 ui for each challenge. The parties shall attempt to resolve each challenge in good faith and must 13 V process by providing written notice of each designation it is challenging and describing the basis begin the process by conferring directly 14 04 Z cJD 15 13. Judicial Intervention. If the Parties cannot resolve a challenge without court intervention, the designating party may file and serve a motion to retain confidentiality or the , cJ.:l&2 1 16 challenging party may file a motion challenging a confidentiality designation. All parties shall - 17 continue to afford the material in question the level of protection to which it is entitled under the 18 producing party’s designation until the Court rules on the challenge. 19 FINAL DISPOSITION 20 14. At the final disposition of this action, counsel has the option to return to the 21 producing party or destroy any and all copies of confidential documents, notes, extracts, 22 summaries, and other materials that contain information derived from documents designated 23 confidential, except as required to be maintained under the lawyer’s ethical duties. Final 24 disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this 25 action, with or without prejudice; and (2) final judgment herein after the completion and 26 exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time 27 I/Il 28 I/Il 1609255 (8989-2) Page 4 of 7 1 limits for filing any motions or applications for extension of time pursuant to applicable law. 2 DATED this 3 KOLESAII\& LEATHAM day of March, 2014. DATED this 26th day of March, 2014. 4 By:/s/ Mark S. Braun, Esq. MARK S. BRAUN, ESQ. Nevada Bar No. 002132 1600 S. Valley View Blvd., #2132 Las Vegas, Nevada 89102 5 6 7 8 9 10 11 V12 ROBE)T J. CALDWELL, ESQ. Nevath Bar No. 007637 J0NAflj-IAN D. BLUM, ESQ. 400 juth Rampart Boulevard, Suit00 Las Vegas, Nevada 89145 Attorneys for Defendants, Counterclaimants, and Crossclaimants, Philip Brewer and Summer Bay Resorts Crown Club, LLC; and Plaintiff in Intervention Summer Bay Sales and Marketing, L. C. 13 DATED this 26th day of March, 2014. 14 E- Attorneys for Plaintiff Blue Moon Marketing, LLC LAW OFFICES OF CLYDE DEWITT 15 eq en 16 N 17 18 19 20 21 22 23 By:/s/ Clyde DeWitt, Esg. CLYDE DEWITT, ESQ. Nevada Bar No. 009791 2300 West Sahara Avenue. Suite 800 Las Vegas, Nevada 89102-4397 Attorneys for Defendants Scott R. Matthews, Travel Excursion Network, LLC, 4 Star Holdings LLC, Allan R. Leffler, Tracy L. Leffler, Prestige Travel Systems, Inc., Ron LaScala, RW Advertising, Inc. and Call Services International LLC and counterclaimants Scott R. Matthews and Travel Shopping Network, LLC 24 25 IT IS SO ORDERED 26 , 2014. day of DATED this 27th day of March,2014. this 27 ________________________________ GEORGE FOLEY, JR. JUDGE U.S. DISTRICT COURT United States Magistrate Judge 28 1609255 (8989-2) Page 5 of 7 1 Submitted by: 2 KOLER & LEATHAM 3 4 IJ ROERT J. CALDWELL, ESQ. 5 Nvlada Bar No. 007637 6 Ne\sjada Bar No. 009515 7 8 9 10 11 JO THAN D. BLUM, ESQ. K3ESAR & LEATHAM 400 South Rampart Boulevard, Suite 400 Las Vegas, Nevada 89145 Attorneys for Defendants, Counterclaimants, and Crossclaimants, Philip Brewer and Summer Bay Resorts Crown Club, LLC; and Plaintiff in Intervention Summer Bay Sales and Marketing, L. C. 12 H; oc 13 14 M 00 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1609255 (8989-2) Page 6 of 7 1 EXHIBIT A 2 ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND 3 [print or type full name], of 4 [print or type full 5 address], declare under penalty of perjury that I have read in its entirety and understand the 6 Stipulated Protected Order that was issued by the United States District Court for the District of 7 Nevada on 8 United States District Court, District of Nevada, CASE NO. 2:1 3-cv-2238-JAD-GW. , 2014, in the case of Blue Moon et al. v. Scott Matthews et al., I agree to comply with and to be bound by all the terms of this Stipulated Protective 9 10 11 and punishment in the nature of contempt. I solemnly promise that I will not disclose in any 12 manner any information or item that is subject to this Stipulated Protective Order to any person 13 E- Order and I understand and acknowledge that failure to so comply could expose me to sanctions or entity except in strict compliance with the provisions of this Order. 14 E LN 15 District of Nevada for the purpose of enforcing the terms of this Stipulated Protective Order, 16 { I further agree to submit to the jurisdiction of the United States District Court for the even if such enforcement proceedings occur after termination of this action. Vr ii 17 I Dated: 18 I City and State where sworn and signed: 19 20 Signature: 21 Printed name: 22 23 24 25 26 27 28 1609255 (8989-2) Page 7 of 7