Players Network, Inc. v. Comcast Corporation et al, No. 2:2014cv00238 - Document 33 (D. Nev. 2014)

Court Description: Order granting 32 Stipulated PROTECTIVE ORDER. Signed by Magistrate Judge George Foley, Jr on 11/14/2014. (Copies have been distributed pursuant to the NEF - DKJ)
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Players Network, Inc. v. Comcast Corporation et al Doc. 33 Case 2:14-cv-00238-GMN-GWF Document 32 Filed 11/13/14 Page 1 of 11 1 Abran E. Vigil Nevada Bar No. 7548 2 Timothy R. Mulliner Nevada Bar No. 10692 3 BALLARD SPAHR LLP 100 N. City Parkway, Suite 1750 4 Las Vegas, NV 89106 Telephone: (702) 471-7000 5 Facsimile: (702) 471-7070 Email: VigilA@ballardspahr.com 6 Email: MullinerT@ballardspahr.com 7 Attorneys for Defendants Comcast Corporation, Comcast Programming 8 Development, Inc., and Comcast 9 Cable Communications, LLC UNITED STATES DISTRICT COURT Ballard Spahr LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106-4617 10 11 DISTRICT OF NEVADA PLAYERS NETWORK, INC., 12 13 14 Plaintiff, vs. COMCAST CORPORATION, et al., 15 STIPULATED PROTECTIVE ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION Defendants. 16 17 Case No. 2:14-cv-00238-GMN-GWF The following Protective Order shall govern the handling of documents, 18 depositions, deposition exhibits, interrogatory responses, admissions, and any other 19 information produced, given or exchanged, whether formally or informally, by and 20 among the parties and any non-parties to this action (the “Litigation”) in connection 21 with discovery in the Litigation (such information hereinafter referred to as 22 “Discovery Material”). 23 1. Any party or non-party who provides or has provided information or 24 material to any party in connection with this Litigation (a “Producing Party”) may 25 designate any Discovery Material as “Confidential” in accordance with the terms of 26 this Protective Order if they in good faith reasonably believe that the Discovery 27 Material contains “Confidential” information. 28 DMEAST #20226199 v2 Dockets.Justia.com Case 2:14-cv-00238-GMN-GWF Document 32 Filed 11/13/14 Page 2 of 11 2. 1 For purposes of this Protective Order, materials designated as 2 Confidential Discovery Material are those materials which may include information 3 that is used by the Producing Party in, or pertaining to, its business, which 4 information is not generally known, and which that Party would not normally 5 reveal to third parties or, if disclosed, would require such third parties to maintain 6 in confidence. Such designated materials shall not include any information that 7 would be required under law to be disclosed to any regulatory agency or 8 governmental entity pursuant to any legal reporting obligations, and no 9 designations under this Protective Order shall be used to prevent or interfere with Ballard Spahr LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106-4617 10 compliance with any such reporting obligations. 3. 11 Discovery Material or information derived therefrom shall be used 12 solely for the purposes of this Litigation, and shall not be used for any other 13 purpose, including, without limitation, any business or commercial purpose. 4. 14 The designation of Discovery Material as “Confidential” for purposes of 15 this Protective Order shall be made in the following manner by any Producing 16 Party: 17 a. in the case of documents or other materials (apart from depositions or 18 other pretrial testimony): by affixing the legend “Confidential” to each page 19 containing any Confidential Discovery Material, except that in the case of 20 multi-page documents bound together by staple or other permanent binding, 21 the word “Confidential” needs only be stamped on the first page of the 22 document for the entire document to be treated as Confidential Discovery 23 Material; 24 b. 25 statement on the record, by counsel, at or before the conclusion of the 26 deposition; or (ii) by written notice, sent by counsel to all parties within 10 27 business days of receipt of the transcript of the deposition or other pretrial 28 testimony, provided that only those portions of the transcripts designated as in the case of depositions or other pretrial testimony: 2 DMEAST #20226199 v2 (i) by a Case 2:14-cv-00238-GMN-GWF Document 32 Filed 11/13/14 Page 3 of 11 1 “Confidential” shall be deemed Confidential Discovery Material. 2 depositions and other pretrial testimony will be deemed to be Confidential 3 until the expiration of the fourteenth business day after counsel receive a 4 copy of the transcript thereof. The parties may modify this procedure for any 5 particular deposition, through agreement on the record at such deposition, 6 without further order of the Court; 7 c. 8 designated as set forth in Paragraph 4(a): by designating such materials in 9 writing and by affixing a confidentiality designation on the medium in the case of documents produced in native file form, or that cannot be 10 Ballard Spahr LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106-4617 All containing such documents; 11 d. 12 responses 13 confidentiality designation in the caption of the document; and 14 e. 15 Discovery Material constitutes Confidential Discovery Material. 16 5. in the case of information incorporated in answers to interrogatories or to requests for admission, by placing the appropriate in the case of any other Discovery Material, by written notice that the Inadvertent failure to designate Discovery Material as “Confidential” 17 shall not constitute a waiver of such claim and may be corrected by prompt 18 supplemental written notice designating such Discovery Material as “Confidential” 19 in a manner consistent with Paragraph 4. The party or parties receiving such 20 supplemental written notice shall thereafter treat materials so designated as 21 “Confidential” and such materials shall be fully subject to this Protective Order as if 22 they had been initially so marked. 23 6. Discovery Material designated “Confidential” or its contents shall not 24 be revealed, disclosed or otherwise made known, in whole or in part, to persons, 25 directly or indirectly, other than the following: 26 a. the parties to the Litigation, and each party’s officers, directors, 27 managers, members, administrators and their respective advisors and 28 3 DMEAST #20226199 v2 Case 2:14-cv-00238-GMN-GWF Document 32 Filed 11/13/14 Page 4 of 11 counsel, and employees and former employees, whose assistance is necessary 2 for counsel to prepare the case; 3 b. 4 employees of any party who are necessary to assist counsel of record in the 5 conduct of this Litigation; provided, however, that any such persons receiving 6 Confidential Discovery Material shall pledge to abide by the terms and 7 conditions of this Protective Order, and shall so evidence such undertaking by 8 signing a confidentiality statement in the form attached as Exhibit A, which 9 shall be maintained by counsel of record for whom such expert or consultant 10 Ballard Spahr LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106-4617 1 is working and, in the case of testifying experts, shall be disclosed to opposing 11 counsel by the date on which such expert is disclosed, pursuant to any 12 Scheduling Order entered by the Court in this matter, court rule or 13 otherwise. 14 c. 15 counsel for any party, and regular and temporary employees or vendors of 16 such counsel (including outside copying and litigation support services) 17 assisting in the conduct of the action for use in accordance with the terms of 18 this Protective Order; 19 d. 20 Discovery Material during the course of depositions or testimony in the 21 Litigation, provided the witness or deponent is advised that this Protective 22 Order requires them to maintain the confidentiality of such information. In 23 the event that the party showing such Confidential Discovery Material fails 24 to advise the witness or deponent of this obligation, counsel for any other 25 party may advise the witness of the Protective Order and the obligations 26 imposed on the witness or deponent. 27 e. 28 addressee, or a copy recipient of the document; experts or consultants who are not officers, members, managers or counsel for parties that have appeared in the Litigation, outside witnesses or deponents and their counsel who are shown Confidential any person indicated on the face of a document to be the author, 4 DMEAST #20226199 v2 Case 2:14-cv-00238-GMN-GWF Document 32 Filed 11/13/14 Page 5 of 11 1 f. the Court and Court personnel; 2 g. court reporters employed in connection with this Litigation; and 3 h. any other person upon order of the Court or upon prior written consent 4 of the party that produced the Confidential Discovery Material. 5 7. Every person given access to Confidential Discovery Material or 6 information contained therein must be advised that the information is being 7 disclosed pursuant and subject to the terms of this Protective Order and may not be 8 used or disclosed other than pursuant to the terms thereof. 9 8. Any party or non-party producing Confidential Discovery Material Ballard Spahr LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106-4617 10 may, by written waiver, or statement on the record at a deposition, permit 11 Confidential Discovery Material to be furnished to a person listed in Paragraph 6. 12 Any Producing Party and that Party’s officers, members, managers, employees, and 13 former employees may be examined at trial or during deposition regarding 14 Confidential Discovery Material that such Producing Party produced. Nothing 15 contained in this Protective Order shall preclude a party from making unrestricted 16 use of any confidential information which such party lawfully obtained from a third17 party source without any confidentiality restriction. 18 9. All documents of any nature, including briefs, all or part of which have 19 been designated as “Confidential” and which are filed with the Court, shall be filed 20 under seal in accordance with applicable Local Rules. This Protective Order shall not itself 21 permit the filing of such documents under LR 10-5(b). 22 10. Entering into, agreeing to and/or producing or receiving Confidential 23 Discovery Material or otherwise agreeing to or complying with the terms of this 24 Protective Order shall not: 25 a. operate as an admission by any party that any particular Confidential 26 Discovery Material contains or reflects any type of confidential information; 27 b. 28 production of documents they consider not subject to discovery, or operate as prejudice in any way the rights of the parties to object to the 5 DMEAST #20226199 v2 Case 2:14-cv-00238-GMN-GWF Document 32 Filed 11/13/14 Page 6 of 11 1 an admission by any party that the restrictions and procedures set forth 2 herein constitute adequate protection for any particular information deemed 3 by any party to be Confidential Discovery Material; 4 c. 5 authenticity or admissibility into evidence of any document, testimony or 6 other evidence subject to this Protective Order; 7 d. 8 the Court whether any Discovery Material or Confidential Discovery Material 9 should be subject to the terms of this Protective Order; prejudice in any way the rights of any party to object to the prejudice in any way the rights of a party to seek a determination by Ballard Spahr LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106-4617 10 e. prejudice in any way the rights of a party to petition the Court for a 11 further protective order relating to any purportedly confidential information; 12 or 13 f. 14 waive the provisions or protections provided for herein with respect to any 15 particular Discovery Material. 16 11. prevent the parties to this Protective Order from agreeing to alter or This Protective Order has no effect upon, and shall not apply to, the 17 parties’ use of their own Discovery Material, including Confidential Discovery 18 Material, for any purpose. Nothing herein shall (i) prevent a party from disclosing 19 its own Discovery Material, including Confidential Discovery Material, or other 20 information to officers, managers, members or employees of the Producing Party; or 21 (ii) impose any restrictions on the use or disclosure by a party of documents, 22 materials or information designated as “Confidential” obtained lawfully by such 23 party independently of the discovery proceedings in this Litigation and not 24 otherwise subject to confidentiality restrictions. 25 12. If any person receiving documents covered by this Protective Order 26 (the “Receiver”) is subpoenaed in any other action or proceeding or is served with a 27 document demand, and the subpoena or document demand seeks Discovery 28 Material that was produced or designated as “Confidential” by someone other than 6 DMEAST #20226199 v2 Case 2:14-cv-00238-GMN-GWF Document 32 Filed 11/13/14 Page 7 of 11 1 the Receiver, the Receiver must give prompt written notice by hand, facsimile, or 2 electronic transmission within five business days of receipt of the subpoena or 3 document demand to the person or party who produced or designated the material 4 as “Confidential” and must object to the production of such Discovery Material on 5 the grounds of the existence of this Protective Order. The burden of opposing the 6 enforcement of the subpoena or document demand will fall on the party who 7 produced or designated the Confidential Discovery Material. Unless the party who 8 produced or designated the Confidential Discovery Material obtains an order 9 directing that the subpoena or document demand not be complied with, and serves Ballard Spahr LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106-4617 10 that order on the Receiver by hand delivery before production pursuant to the 11 subpoena or document demand, the Receiver will be permitted to produce 12 documents responsive to the subpoena or document demand on the response date. 13 Compliance by the Receiver with any order directing production pursuant to the 14 subpoena or document demand of any Confidential Discovery Material will not 15 constitute a violation of this Protective Order. 16 13. If counsel for a party receiving Confidential Discovery Material 17 believes in good faith that the Receiver is required by law to disclose such 18 Confidential Discovery Material to any person other than those referred to in 19 Paragraph 6, such counsel shall give written notice to counsel for the Producing 20 Party. Such written notice shall specify the information counsel wishes to disclose 21 and the identity of each person or categories of persons to whom such disclosure is 22 sought to be made. In that event, the Parties shall attempt to resolve the request in 23 good faith on an expedited and informal basis. If the request cannot be 24 expeditiously and informally resolved, the Receiver, upon reasonable notice, may 25 move for an order of the Court permitting the disclosure of such material to such 26 person. The Confidential Discovery Material shall not be disclosed unless and until 27 the Court orders that its disclosure to any such person is permissible. 28 7 DMEAST #20226199 v2 Case 2:14-cv-00238-GMN-GWF Document 32 Filed 11/13/14 Page 8 of 11 1 14. If documents or information subject to a claim of attorney-client 2 privilege, work product or any other ground on which production of such documents 3 or information should not be made to any party is inadvertently produced to such 4 party or parties, such production shall in no way prejudice or otherwise constitute a 5 waiver of, or estoppel as to, any claim of privilege, work product or other ground for 6 withholding production to which the Producing Party would otherwise be entitled. 7 If a claim of inadvertent production is made pursuant to this Paragraph with 8 respect to documents or information then in the custody of another party, that party 9 shall promptly return to the claiming party or person that material, including all Ballard Spahr LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106-4617 10 copies, as to which the claim of inadvertent production has been made, and the 11 receiving party shall not use such documents or information for any purpose until 12 further order of the Court. The party returning such material may then move the 13 Court for an order compelling production of the material, but that motion may not 14 assert as a ground for entering such an order the fact or circumstance of the 15 inadvertent production. 16 15. In the event additional parties join or are joined in this Litigation, they 17 shall not have access to Confidential Discovery Material until the newly-joined 18 party has executed and, at the request of any party, filed with the Court its 19 agreement to be fully bound by this Protective Order. 20 16. Non-parties who produce documents pursuant to this Protective Order 21 shall have the benefit of this Protective Order, and shall be entitled to enforce its 22 terms, if they agree to be bound hereby. 23 17. The provisions of this Protective Order shall, absent written 24 permission of the Producing Party or further order of the Court, continue to be 25 binding throughout and after the conclusion of the Litigation, including without 26 limitation any appeals therefrom. 27 18. Within 60 days after receiving notice of the entry of an order, judgment 28 or decree finally disposing of all litigation between the parties in which Confidential 8 DMEAST #20226199 v2 Case 2:14-cv-00238-GMN-GWF Document 32 Filed 11/13/14 Page 9 of 11 1 Discovery Material is permitted to be used, including the exhaustion of all possible 2 appeals, all persons having received Confidential Discovery Material shall either 3 make a good faith effort to return such material and all copies thereof (including 4 summaries and excerpts) to counsel for the party that produced it or destroy all 5 such Confidential Discovery Material and certify such destruction in writing. 6 However, counsel for the parties shall be entitled to retain court papers, deposition 7 and trial transcripts, exhibits, and attorney work product (including Discovery 8 Material containing Confidential Discovery Material), provided that such counsel, 9 and employees of such counsel, shall not disclose the Confidential Discovery Ballard Spahr LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106-4617 10 Material to any person, except pursuant to court order or agreement with the 11 Producing Party. Experts and consultants shall not be obligated to destroy or return 12 their work product that incorporates any of the Confidential Discovery Material. 13 However, none of the work product shall be used by them in any way outside the 14 specific scope of his/her retention as an expert witness in this Litigation, during this 15 Litigation or at any time thereafter. 16 19. During the pendency of this Litigation, any party objecting to the 17 designation of any Discovery Material or testimony as Confidential Discovery 18 Material may, after making a good faith effort to resolve any such objection, move 19 on reasonable notice for an order vacating the designation. While such an 20 application is pending, the Discovery Material or testimony in question shall be 21 treated as Confidential Discovery Material pursuant to this Protective Order. The 22 provisions of this Paragraph are not intended to shift the burden of establishing 23 confidentiality as set forth in Paragraph 20. 24 20. In any proceeding involving this Protective Order, including 25 compliance with this Protective Order, the Party seeking confidential protection 26 bears the burden of establishing that the information in question is entitled to such 27 protection under appropriate law. 28 9 DMEAST #20226199 v2 Case 2:14-cv-00238-GMN-GWF Document 32 Filed 11/13/14 Page 10 of 11 1 21. In the event that any Confidential Discovery Material is used in any 2 court proceeding in this Litigation or any appeal therefrom, said Confidential 3 Discovery Material shall not lose its status as Confidential Discovery Material 4 through such use. Counsel shall confer on such procedures as are necessary to 5 protect the confidentiality of any documents, information and transcripts used in 6 the course of any court proceeding. 7 IT IS SO STIPULATED this 13th day of November, 2014. 8 9 BALLARD SPAHR LLP BARNEY C. ALES, LTD. Ballard Spahr LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106-4617 10 By: /s/ Timothy R. Mulliner Timothy R. Mulliner Nevada Bar No. 10692 100 North City Parkway, Ste. 1750 12 Las Vegas, NV 89106-4617 13 11 By: /s/ Barney C. Ales Barney C. Ales BARNEY C. ALES, LTD. P.O. Box 20563 Las Vegas, NV 89112 Barney C. Ales BARNEY C. ALES, LTD. 222 Guidance Ridge Ct. Henderson, NV 89012 Attorneys for Defendants Comcast 14 Corporation, Comcast Programming 15 Development, Inc., and Comcast Cable Communications, LLC Attorney for Plaintiff 16 17 18 IT IS SO ORDERED: 19 ______________________________________ United States District/Magistrate Judge GEORGE FOLEY, JR. Dated:_______________________ United States Magistrate Judge 20 21 Dated: November 14, 2014 22 23 24 25 26 27 28 10 DMEAST #20226199 v2 Case 2:14-cv-00238-GMN-GWF Document 32 Filed 11/13/14 Page 11 of 11 EXHIBIT A 1 2 Abran E. Vigil Nevada Bar No. 7548 3 Timothy R. Mulliner Nevada Bar No. 10692 4 BALLARD SPAHR LLP 100 N. City Parkway, Suite 1750 5 Las Vegas, NV 89106 Telephone: (702) 471-7000 6 Facsimile: (702) 471-7070 Email: VigilA@ballardspahr.com 7 Email: MullinerT@ballardspahr.com 8 Attorneys for Defendants Comcast Corporation, Comcast Programming 9 Development, Inc., and Comcast Ballard Spahr LLP 100 North City Parkway, Suite 1750 Las Vegas, Nevada 89106-4617 10 Cable Communications, LLC UNITED STATES DISTRICT COURT 11 12 DISTRICT OF NEVADA PLAYERS NETWORK, INC., 13 14 15 Case No. 2:14-cv-00238-GMN-GWF Plaintiff, vs. CERTIFICATION REGARDING CONFIDENTIAL DISCOVERY MATERIAL COMCAST CORPORATION, et al., 16 Defendants. 17 18 I have read the Protective Order Governing the Production and Exchange of 19 Confidential Information (the “Order”) entered in the above-captioned matter. I 20 understand the terms of the Order, I agree to be fully bound by the Order, and I 21 hereby submit to the jurisdiction of the above-captioned Court for purposes of 22 enforcement of the Order. I understand that any violation of the terms of this 23 Protective Order shall be punishable by relief deemed appropriate by the Court. 24 25 Dated: _______________ Signature: _______________________________ 26 27 Printed Name: ___________________________ 28 11 DMEAST #20226199 v2