Lemus v. Olaveson et al, No. 2:2014cv01381 - Document 34 (D. Nev. 2015)

Court Description: STIPULATED PROTECTIVE ORDER Granting, (as amended, page 10), 33 Joint MOTION for Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 1/30/15. (Copies have been distributed pursuant to the NEF - MMM)
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Lemus v. Olaveson et al Doc. 34 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 1 of 15 1 2 3 4 5 6 KYM SAMUEL CUSHING Nevada Bar No. 4242 JOSEPH C. CHU Nevada Bar No. 11082 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 300 South Fourth Street, 11th Floor Las Vegas, NV 89101 (702) 727-1400; Fax: (702) 727-1401 Kym.Cushing@wilsonelser.com Joseph.Chu@wilsonelser.com Attorneys for Defendants Robert James Olaveson and Andrus Transportation Services 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 JHONNY DARIO LEMUS, Plaintiff, vs. As amended, page 10. Defendants. CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER 18 The parties agree, through their respective counsel as their authorized representatives, to the 19 21 22 23 24 25 26 27 28 CONFIDENTIAL AGREEMENT AND STIPULATED PROTECTIVE ORDER ROBERT JAMES OLAVESON; ANDRUS TRANSPORTATION SERVICES INCORPORATED; DOES I through XX, inclusive and ROE BUSINESS ENTITIES I through XX, inclusive, 17 20 CASE NO.: 2:14-cv-01381-JCM-NJK terms and conditions of this Confidentiality Agreement and Stipulated Protective Order (“Confidentiality Agreement”) governing the disclosure, handling and disposition of documents and information in this litigation as set forth herein. 1. Need and Application. 1.1 At the heart of this litigation is a motor vehicle accident which occurred on or about January 14, 2013, in Las Vegas, Nevada. Plaintiff JHONNY DARIO LEMUS’ (“Plaintiff”) claims in this litigation, and the discovery served by Plaintiff, has or will require the production of confidential business, personnel, proprietary, and personal information of Defendants ANDRUS TRANSPORTATION SERVICES INCORPORATED and ROBERT JAMES OLAVESON 738321v.1 Page 1 of 15 Dockets.Justia.com Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 2 of 15 1 (“Defendants”). Specifically, Plaintiff’s discovery requests seek Defendants’ disclosure and/or 2 production of confidential and proprietary business and trade secrets, employee training materials, 3 policies and procedures information, personnel records, and other non-public information of 4 Defendants. 5 Prior to production, no party can effectively and fully evaluate the claims of the other as to 6 the need for protection. Thus, this Confidentiality Agreement enables the production of documents, 7 at least to the point of evaluating the claims of need for protection, and specifying how such 8 documents need to be treated when produced. 9 Confidentiality Agreement, any document designated as confidential where that designation is 10 Moreover, pursuant to the terms of this disputed can be identified as such and the matter then submitted to the Court for resolution. 11 In essence, without a Confidentiality Agreement, the Court may have to evaluate 12 innumerable documents individually, and this task would likely burden the Court and slow the 13 discovery process. 14 confidential and proprietary information is likely to prejudice the legitimate business, competitive, 15 and/or privacy interests of the parties or of third parties. A Confidentiality Agreement is thus 16 required in this action to enable the documents to be evaluated and to protect against unauthorized 17 disclosure of confidential and proprietary information and to ensure that such information will be 18 used only for purposes of this action. A Confidentiality Agreement will also expedite the flow of 19 discovery materials, protect the integrity of truly confidential and proprietary information, promote 20 the prompt resolution of disputes over confidentiality, and facilitate the preservation of material 21 worthy of protection. 22 1.2 Regarding documents that are entitled to protection, disclosure of such This Confidentiality Agreement shall govern any document, information or other 23 material that is designated as containing “Confidential Information” or “Attorney’s Eyes Only 24 Information” as defined herein, and is produced in connection with this litigation by any person or 25 entity (the “Producing Party” or “Disclosing Party”), whether in response to a discovery request, 26 subpoena or otherwise, to any other person or entity (the “Receiving Party”) regardless of whether 27 the person or entity producing or receiving such information is a party to this litigation. 28 Page 2 of 15 738321v.1 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 3 of 15 1 2. Definitions. 2.1 2 Confidential Information. “Confidential Information” shall mean and include, 3 without limitation, any non-public information that concerns or relates to the following areas: 4 confidential proprietary information, trade secrets, security and surveillance policies, practices and 5 procedures, commercial, financial, pricing, budgeting, and/or accounting information, information 6 about existing and potential customers, marketing studies, performance projections, business 7 strategies, decisions and/or negotiations, personnel compensation, evaluations and other employment 8 information, and confidential proprietary information about affiliates, parents, subsidiaries and third- 9 parties with whom the parties to this action have or have had business relationships. “Confidential 10 information” may be contained in the following documents: manuals, contracts, correspondence 11 (electronic or otherwise), blueprints, specifications, drawings, security records, security reports, 12 security shift information and staffing levels, security patrols, security policies and procedures, 13 locations of surveillance and security cameras, documents regarding surveillance and security 14 camera capabilities, production documents, analytical reports, certification-related documents, and 15 other documents relating to Defendants. 2.2 16 Attorney’s Eyes Only Information. “Attorney’s Eyes Only Information” is a subset 17 of Confidential Information that includes any document or testimony that contains highly sensitive 18 proprietary, security, surveillance, private, financial or trade secret information where the Disclosing 19 Party reasonably believes that disclosure of such information to other parties in the litigation would 20 cause severe competitive damage. 2.3 21 Documents. As used herein, the term “documents” includes all writings, records, 22 files, drawings, graphs, charts, photographs, e-mails, video tapes, audio tapes, compact discs, 23 electronic messages, other data compilations from which information can be obtained and other 24 tangible things subject to production under the Federal Rules of Civil Procedure. 25 3. 26 27 Initial Designation. 3.1 Good Faith Claims. Claims of confidentiality will be made only with respect to documents, other tangible things and information that the asserting party has a good faith belief are 28 Page 3 of 15 738321v.1 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 4 of 15 1 within the definition set forth in subparagraph 2.1 of this Confidentiality Agreement. Objections to 2 such claims made pursuant to paragraph 5, below, shall also be made only in good faith. 3.2 3 Produced Documents. A party producing documents that it believes constitute or 4 contain Confidential Information shall produce copies bearing a label that contains or includes 5 language substantially identical to the following: CONFIDENTIAL 6 7 This label shall be affixed in a manner that does not obliterate or obscure the contents of the 8 copies. If any person or party makes copies of documents designated as containing Confidential 9 Information, the copying person or party shall mark each such copy as containing Confidential 10 Information in the same form as the Confidentiality notice on the original document. 11 A party producing documents that are stored on electronic, magnetic, optical or other non- 12 paper media, such as compact discs, DVD’s, video tapes and audio tapes (collectively, “data storage 13 devices”) shall designate the data storage device as containing Confidential Information, by affixing 14 a label or stamp to the data storage device in the manner described above at the time copies of such 15 data storage devices are produced. If the Receiving Party or other persons or entities to whom 16 disclosure is authorized pursuant to subparagraph 7.1 make a copy of any data storage device 17 designated by the producing party as containing Confidential Information, the Receiving Party or 18 other authorized person shall mark each such copy as containing Confidential Information in the 19 same form as the confidentiality notice on the original data storage device produced. If the Receiving 20 Party or other authorized person prints out or otherwise makes copies of the documents or 21 information stored on such data storage device, the Receiving Party or other authorized person shall 22 mark each page so copied with the label or stamp specified in subparagraph 3.2. 23 A party producing documents that it believes constitute or contain Attorney’s Eyes Only 24 Information shall follow the procedures set forth above with respect to Confidential Information, 25 except that the copies shall be produced bearing a label that contains or includes language 26 substantially identical to the following: 27 ... 28 Page 4 of 15 738321v.1 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 5 of 15 ATTORNEY’S EYES ONLY 1 2 3.3 Interrogatory Answers. If a party answering an interrogatory or other discovery 3 demand believes that its answer contains Confidential Information or Attorney’s Eyes Only 4 Information, it shall set forth that answer in a separate document that is produced and designated in 5 the same manner as a produced document under subparagraph 3.2. Such answers should make 6 reference to the separately-produced document containing the answer, but such document should not 7 be attached to the response. 8 3.4 Inspection of Documents. In the event a party elects to produce files and records for 9 inspection and the Requesting Party elects to inspect them, no designation of Confidential 10 Information or Attorney’s Eyes Only Information needs to be made in advance of the inspection. 11 For purposes of such inspection, all material produced shall be considered as Confidential 12 Information. If the inspecting party selects specified documents to be copied, the producing party 13 shall designate Confidential Information or Attorney’s Eyes Only Information in accordance with 14 subparagraph 3.2 at the time the copies are produced. 15 3.5 Deposition Transcripts. Within twenty-one (21) days after the receipt of a 16 deposition transcript, a party may inform the other parties to the action of the portions of the 17 transcript that it wishes to designate as Confidential Information or Attorney’s Eyes Only 18 Information. Until such time has elapsed, deposition transcripts in their entirety are to be considered 19 as Confidential Information. All parties in possession of a copy of a designated deposition transcript 20 shall mark it appropriately. 21 3.6 Multipage Documents. A party may designate all pages of an integrated, multipage 22 document, including a deposition transcript and interrogatory answers, as Confidential Information 23 or Attorney’s Eyes Only Information by placing the label specified in subparagraph 3.2 on the first 24 page of the document or on each page of the document. If a party wishes to designate only certain 25 portions of an integrated, multipage document as Confidential Information or Attorney’s Eyes Only 26 Information, it should designate such portions immediately below the label on the first page of the 27 28 Page 5 of 15 738321v.1 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 6 of 15 1 document and place the label specified in subparagraph 3.2 on each page of the document containing 2 Confidential Information or Attorney’s Eyes Only Information. 3 4. 4 Designations by Another Party. 4.1 Notification of Designation. If a party other than the producing party believes that a 5 producing party has produced a document that contains or constitutes Confidential Information or 6 Attorney’s Eyes Only Information of the non-producing party, the non-producing party may 7 designate the document as Confidential Information or Attorney’s Eyes Only Information by so 8 notifying all parties in writing within one hundred twenty (120) days of service of the document. 9 4.2 Return of Documents; Nondisclosure. Whenever a party other than the producing 10 party designates a document produced by a producing party as Confidential Information or 11 Attorney’s Eyes Only Information in accordance with subparagraph 4.1, each party receiving the 12 document shall either add the Confidential Information or Attorney’s Eyes Only Information 13 designation in accordance with subparagraph 3.2 or substitute a copy of the document bearing such 14 designation for each copy of the document produced by the producing party. Each party shall destroy 15 all undesignated copies of the document or return those copies to the producing party, at the 16 direction of the producing party. No party shall disclose a produced document to any person, other 17 than the persons authorized to receive Confidential Information or Attorney’s Eyes Only Information 18 under subparagraph 7.1, until after the expiration of the one hundred twenty (120) day designation 19 period specified in subparagraph 4.1. If during the one hundred twenty (120) day designation period 20 a party discloses a produced document to a person authorized to receive Confidential Information or 21 Attorney’s Eyes Only Information under subparagraph 7.1, and that document is subsequently 22 designated as Confidential Information or Attorney’s Eyes Only Information in accordance with 23 subparagraph 4.1, the Disclosing Party shall cause all copies of the document to be destroyed or 24 returned to the producing party, at the direction of the producing party. The party may thereafter 25 disclose a copy of the document that has been marked as Confidential Information or Attorney’s 26 Eyes Only Information by the designating party (i.e. Producing Party), in accordance with 27 subparagraphs 3.2 and 7.1. 28 Page 6 of 15 738321v.1 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 7 of 15 1 5. Objections to Designations. Any party objecting to a designation of Confidential 2 Information or Attorney’s Eyes Only Information, including objections to portions of designations of 3 multipage documents, shall notify the designating party and all other parties of the objection in 4 writing within thirty (30) days of such designation. If a document is first produced less than sixty 5 (60) days before the then-pending trial date, such notification shall occur within half of the time 6 remaining before trial. This notice must specifically identify each document that the objecting party 7 in good faith believes should not be designated as Confidential Information or Attorney’s Eyes Only 8 Information and provide a brief statement of the grounds for such belief. In accordance with the 9 Federal Rules of Civil Procedure governing discovery disputes, the objecting and the designating 10 parties thereafter shall confer within ten (10) days after the date of such objection in an attempt to 11 resolve their differences. If the parties are unable to resolve their differences, the objecting party 12 shall have twenty-one (21) days after the conference concludes to file with the Court a motion to 13 remove the Confidential Information or Attorney’s Eyes Only Information designation. If an 14 objection is served within forty-two (42) days of trial, the objecting party must file its motion to 15 remove the Confidential Information designation within half of the remaining time before trial, and 16 the meet-and-confer period shall be shortened accordingly. Where a party authored, created, owns, 17 or controls a document, information or other material that another party designates as Confidential 18 Information or Attorney’s Eyes Only Information, the party that authored, created, owns, or controls 19 the Confidential Information or Attorney’s Eyes Only Information may so inform the objecting party 20 and thereafter shall also be considered a designating party for purposes of this paragraph. 21 All documents, information and other materials initially designated as Confidential 22 Information or Attorney’s Eyes Only Information shall be treated as such in accordance with this 23 Confidentiality Agreement unless and until the Court rules otherwise, except for deposition 24 transcripts and exhibits initially considered as containing Confidential Information under 25 subparagraph 3.5, which will lose their confidential status after twenty-one (21) days unless so 26 designated as Confidential Information or Attorney’s Eyes Only Information. If the Court rules that 27 a designation should not be maintained as to a particular document, the producing party shall, upon 28 Page 7 of 15 738321v.1 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 8 of 15 1 written request by a party, provide that party a copy of that document without the designation 2 described in subparagraph 3.2. 3 If an objecting party elects not to make such a motion with respect to documents, information 4 or other materials to which an objection has been made, the objection shall be deemed withdrawn. If 5 such a motion is made, the moving party shall bear the burden of proving that the document, 6 information, or other material is not entitled to protection under the applicable law. 7 6. 8 copies, extracts and summaries thereof, including memoranda relating thereto, shall be retained by 9 the Receiving Party in the custody of counsel of record, or by persons to whom disclosure is Custody. All Confidential Information or Attorney’s Eyes Only Information and any and all 10 authorized under subparagraph 7.1. 11 7. 12 13 14 15 16 17 Handling Prior to Trial. 7.1 Authorized Disclosures. Confidential Information shall be disclosed by the Receiving Party only to the following persons: a. Counsel for the parties in this litigation, including their associates, clerks, paralegals, and secretarial personnel; b. Qualified persons taking testimony in this litigation involving such Confidential Information, and necessary stenographic, videotape and clerical personnel; 18 c. Experts and their staff who are consulted by counsel for a party in this litigation; 19 d. Parties to this litigation, limited to the named party and, if that party is a corporate 20 21 22 23 24 25 entity, a limited number of employees of the corporate entity and its insurers; e. Designated in-house counsel and a limited number of assistants, administrative or otherwise; f. Outside vendors employed by counsel for copying, scanning and general handling of documents; g. Any person of whom testimony is taken regarding the Confidential Information, 26 except that such person may only be shown Confidential Information during his/her testimony, and 27 may not retain a copy of such Confidential Information; and 28 Page 8 of 15 738321v.1 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 9 of 15 1 2 3 4 h. The Court hearing this litigation and the Court’s staff, subject to the Court’s processes for filing materials under seal. Such disclosures are authorized only to the extent necessary to investigate, prosecute, or defend the litigation. 5 Confidential Information may not be disclosed to persons under subparagraph (c) until the 6 Receiving Party has obtained a written acknowledgment from the person receiving Confidential 7 Information, in the form of the Declaration attached hereto, that he or she has received a copy of this 8 Confidentiality Agreement and has agreed to be bound by it. A party who discloses Confidential 9 Information in accordance with subparagraph 7.1 shall retain the written acknowledgment from each 10 person receiving Confidential Information, shall maintain a list of all persons to whom a Receiving 11 Party has disclosed Confidential Information and identify what documents have been disclosed, and 12 shall furnish the written acknowledgements and disclosure list to the Court for in camera review 13 upon its request or order. Furnishing the written acknowledgements and disclosure list to the Court 14 shall not constitute a waiver of the attorney work product or attorney-client privilege. Disclosure of 15 Confidential Information to the Court supervising this litigation, including judicial staff, shall be 16 made in accordance with subparagraph 7.4 of this Confidentiality Agreement. 17 The disclosure of Attorney’s Eyes Only Information is limited in the same ways as set forth 18 above for Confidential Information except that, in addition, Attorney’s Eyes Only Information may 19 not be disclosed to persons described above in subparagraphs (d) and (e) without prior written 20 consent by the designating party nor to persons within the categories described above in 21 subparagraphs (c) and (g) without prior notice to the designating party under circumstances allowing 22 the designating party to obtain adequate protection with respect to the Attorney’s Eyes Only 23 Information either by agreement or by application to the Court. 24 7.2 Disclosure to Competitors. Confidential Information and Attorney Eyes Only 25 Information may not be disclosed to competitors of a designating party. However, if at any time 26 such disclosure is necessary to advance the interest of a party, then before disclosing Confidential 27 Information or Attorney’s Eyes Only Information to any authorized person who is a competitor (or 28 Page 9 of 15 738321v.1 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 10 of 15 1 an employee of a competitor) of the designating party, the party wishing to make such disclosure 2 shall give at least fourteen (14) days notice in writing to the designating party, stating the names and 3 addresses of the person(s) to whom the disclosure will be made, and identifying with particularity 4 the documents to be disclosed. If, within the fourteen (14) day period, a motion is filed objecting to 5 the proposed disclosure, disclosure is not authorized unless and until the Court orders otherwise. For 6 purposes of this Confidentiality Agreement, “competitor” is defined as any person or entity that 7 designs, manufactures, assembles or supplies products to or for the market(s) served by the 8 designating party (“competitive products”) or components of competitive products. 9 7.3 Unauthorized Disclosures. All persons receiving Confidential Information or 10 Attorney’s Eyes Only Information under the terms of this Confidentiality Agreement agree to the 11 jurisdiction of the state and federal courts located in Nevada for all matters arising from the improper 12 disclosure or use of such information. If Confidential Information or Attorney’s Eyes Only 13 Information is disclosed to any person other than in the manner authorized by this Confidentiality 14 Agreement, the party or person responsible for the disclosure, and any other party or person who is 15 subject to this Confidentiality Agreement and learns of such disclosure, shall immediately bring such 16 disclosure to the attention of the designating party. Without prejudice to other rights and remedies of 17 the designating party, the responsible party or person shall make every effort to obtain and return the 18 Confidential Information or Attorney’s Eyes Only Information and to prevent further disclosure on 19 its own part or on the part of the person who was the unauthorized recipient of such information. 20 7.4 Court Filings. In the event any Confidential Information or Attorney’s Eyes Only 21 Information must be filed with the Court prior to trial, the proposed filing shall comply with the 22 Federal Rules of Civil Procedure. In accordance with these rules, the proposed filing shall be 23 accompanied by a motion to file the Confidential Information under seal and a proposed order, and 24 the application and proposed order shall be directed to the judge to whom the Confidential 25 Information is directed. This provision is applicable to briefs, memoranda, and other filings which 26 quote, summarize, or describe Confidential Information. See order issued concurrently herewith. 27 28 Page 10 of 15 738321v.1 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 11 of 15 1 8. Care in Storage. Any person in possession of Confidential Information or Attorney’s Eyes 2 Only Information produced by another party shall exercise reasonable and appropriate care with 3 regard to the storage, custody, copying, and use of such information to ensure that the confidential 4 and sensitive nature of same is maintained. 5 9. 6 that is subject to this Order may be marked and used as trial exhibits by either party, subject to terms 7 and conditions as imposed by the Court upon application by any party. 8 10. 9 as a waiver of the right to object, under applicable law, to the furnishing of information in response 10 to discovery requests or to object to a requested inspection of documents or facilities. Parties 11 producing Confidential Information and Attorney’s Eyes Only Information in this litigation are 12 doing so only pursuant to the terms of this Confidentiality Agreement. Neither the agreement to, or 13 the taking of any action in accordance with the provisions of this Confidentiality Agreement, nor the 14 failure to object thereto, shall be interpreted as a waiver of any claim or position or defense in this 15 action, or any other actions. 16 11. 17 Confidential Information or Attorney’s Eyes Only Information shall be construed as an admission 18 that such material, or any testimony concerning such material, would be admissible in evidence in 19 this litigation or in any other proceeding. 20 12. 21 concerning inadvertent disclosure of a document that the Disclosing Party believes contains 22 attorney-client communications, attorney work product, or otherwise privileged information. If a 23 party inadvertently discloses documents or information subject to a claim of privilege or work 24 product protection, such disclosure will not waive otherwise applicable claims of privilege or work 25 product protection under applicable law. Upon discovery by the Receiving Party, or receipt of 26 written notice from the Disclosing Party identifying privileged or Protected Documents that were 27 inadvertently produced, the Receiving Party shall within seven (7) business days either: (a) return or Handling During Trial. Confidential Information and Attorney’s Eyes Only Information No Implied Waivers. Execution of this Confidentiality Agreement shall not be interpreted No Admission. Neither this Confidentiality Agreement nor the designation of any item as Inadvertent Disclosure. Nothing in this Confidentiality Agreement abridges applicable law 28 Page 11 of 15 738321v.1 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 12 of 15 1 certify the destruction of all such documents, all copies, and any work product or portions of any 2 work product containing or reflecting the contents of the subject materials; or (b) after attempting to 3 resolve any dispute with opposing counsel informally, file a motion to challenge the assertion of 4 privilege and tender the subject documents for in camera review with the motion. The moving party 5 shall do nothing to compromise the privilege claim until the Court rules on said motion and the 6 opportunity for appellate review is exhausted or the issue is otherwise resolved. 7 13. 8 parties in their use of their own documents and information, and nothing in this Confidentiality 9 Agreement shall preclude any party from voluntarily disclosing its own documents or information to Parties’ Own Documents. This Confidentiality Agreement shall in no way restrict the 10 any party or nonparty. 11 14. 12 Confidential Information and/or Attorney’s Eyes Only Information from a party to this action or 13 moves to compel a party to this action to produce any such information, such party shall 14 immediately notify the parties who originally produced and/or designated such information that a 15 subpoena has been served or a motion has been made in order to allow the parties who originally 16 produced and/or designated such information the opportunity to seek a protective order or oppose the 17 motion or application. If, within thirty (30) days after receiving notice of a subpoena seeking 18 Confidential Information and/or Attorney’s Eyes Only Information from a Receiving Party, the party 19 who originally produced and/or designated such information fails to move for a protective order, the 20 party subject to the subpoena may produce said information. In addition, if a party is ordered to 21 produce Confidential Information or Attorney’s Eyes Only Information covered by this 22 Confidentiality Agreement, then notice and, if available, a copy of the order compelling disclosure 23 shall immediately be given the parties who originally produced and/or designated such information. 24 Nothing in this Confidentiality Agreement shall be construed as requiring the party who is ordered to 25 produce such Confidential Information or Attorney’s Eyes Only Information to challenge or appeal 26 any order requiring the production of such information or to subject himself/herself to any penalty 27 for non-compliance with any legal process or seek any relief from the Court. Motion to Compel Production of Confidential Information. If any third party subpoenas 28 Page 12 of 15 738321v.1 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 13 of 15 1 15. No Effect on Other Rights. This Confidentiality Agreement shall in no way abrogate or 2 diminish any pre-existing contractual, statutory, or other legal obligations or rights of any party with 3 respect to Confidential Information. 4 16. 5 Confidentiality Agreement, or seeks a protective order that incorporates the terms and conditions of 6 this Confidentiality Agreement said party shall make such request by written stipulation or noticed 7 motion to all parties that must be served and filed in accordance with local court rules. 8 17. 9 disclosure was made agree to return all Confidential Information and Attorney’s Eyes Only 10 Information to the Producing Party within ninety (90) days of the conclusion of litigation between 11 the parties, including final appellate action or the expiration of time to appeal or seek further review. 12 In addition, counsel shall certify in writing that all such Confidential Information and Attorney’s 13 Eyes Only Information have been returned. Counsel for each party also shall contact each person to 14 whom that party has provided a copy of any Confidential Information or Attorney’s Eyes Only 15 Information and request the documents be returned. In lieu of returning Confidential Information and 16 Attorney’s Eyes Only Information, the person or party in possession of such information may elect 17 to destroy it. If the person or party in possession of Confidential Information or Attorney’s Eyes 18 Only Information elects to destroy it rather than return it, that person or party must notify the 19 Producing Party in writing of the destruction of the information within ninety (90) days of the 20 conclusion of litigation between the parties, including final appellate action or the expiration of time 21 to appeal or seek further review. 22 18. 23 party to this Agreement from filing a Motion for Protective Order as deemed necessary to protect 24 Confidential Information. 25 19. 26 this Agreement would cause substantial harm to the operations, business and goodwill of the 27 Producing Party. Modification. In the event any party hereto seeks a Court order to modify the terms of this Handling upon Conclusion of Litigation. All parties, counsel, and persons to whom Motion for Protective Order. Nothing in this Confidentiality Agreement shall preclude any Effect of Breach. The parties to this Confidentiality Agreement recognize that a breach of 28 Page 13 of 15 738321v.1 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 14 of 15 1 20. Remedies. The parties acknowledge that they have been informed that if they breach this 2 Agreement, the Producing Party(ies) may obtain preliminary and permanent court injunctions to stop 3 the breach, and may also initiate an action to recover from the breaching party an amount equal to 4 the damages caused by the breach and the loss of revenues derived from the breach, together with all 5 costs and expenses, including the attorney's fees, incurred by Producing Party(ies) in taking such 6 actions. 7 21. 8 laws of the United States and the State of Nevada and all parties consent to the non-exclusive 9 jurisdiction of the state courts and U.S. federal courts located in Nevada for any dispute concerning Governing Law. This Agreement shall be governed and construed in accordance with the 10 the breach of this Confidentiality Agreement. 11 22. 12 this litigation, the confidentiality obligations imposed by this Confidentiality Agreement shall 13 remain in effect until a Producing Party otherwise in writing or a court order otherwise directs. 14 23. 15 agreements on the subject matter hereof. This Agreement may be modified only by a further writing 16 that is duly executed by all parties. 17 AGREED TO: Survival of the Terms of this Confidentiality Agreement. Even after the termination of Final Agreement. This Agreement terminates and supersedes all prior understandings or 18 19 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP LADAH LAW FIRM __/s/ Kym Samuel Cushing______ Kym Samuel Cushing Joseph C. Chu 300 South Fourth Street, 11th Floor Las Vegas, Nevada 89101 (702) 727-1400; FAX (702) 727-1401 Attorneys for Defendants ROBERT JAMES OLAVESON and ANDRUS TRANSPORTATION SERVICES INCORPORATED _/s/ Ramzy Paul Ladah ________ Ramzy Paul Ladah Anthony L. Ashby 517 South Third Street Las Vegas, NV 89101 (702) 252-0055; FAX (702) 248-0055 Attorneys for Plaintiff JHONNY DARIO LEMUS 20 21 22 23 24 25 26 ... 27 ... 28 Page 14 of 15 738321v.1 Case 2:14-cv-01381-JCM-NJK Document 33 Filed 01/29/15 Page 15 of 15 1 ORDER 2 3 4 5 UPON STIPULATION OF THE PARTIES and for good cause shown, IT IS HEREBY ORDERED that the parties shall comply with the terms of the Joint Confidentiality Agreement and Stipulated Protective Order. 6 IT IS SO ORDERED. 7 January 30 DATED: _____________________, 2015. 8 9 _________________________________________ U.S. MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 15 of 15 738321v.1