YWS Architects, LLC v. Alon Las Vegas Resort, LLC et al, No. 2:2017cv01417 - Document 74 (D. Nev. 2018)
Court Description: ORDER granting 72 Stipulation re Confidentiality of Discovery Documents; Signed by Magistrate Judge Cam Ferenbach on 1/24/2018. (Copies have been distributed pursuant to the NEF - JM)
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YWS Architects, LLC v. Alon Las Vegas Resort, LLC et al Doc. 74 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 5 YWS Architects, LLC, d/b/a YWS Design & Architecture, a Nevada limited liability company, Plaintiff, 6 7 v. 8 JOINT STIPULATION AND [PROPOSED] PROTECTIVE ORDER REGARDING THE CONFIDENTIALITY OF DISCOVERY DOCUMENTS AND INFORMATION ALON LAS VEGAS RESORT, LLC, a Delaware limited liability company, ALON LAS VEGAS LANDCO, LLC, a Delaware limited liability company; TISHMAR, LLC, a Nevada limited liability company; 9 10 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 Case No. 2:17-cv-01417-RFB-VCF 11 12 Defendants. AND RELATED COUNTERCLAIMS 13 14 Plaintiff/Counter-Defendant YWS Architects, LLC and Tom Wucherer (collectively, 15 16 “YWS”) and Defendant/Counter-Claimants Alon Las Vegas Resort, LLC and Alon Leisure 17 Management, LLC (collectively, “Alon”), by and through their respective counsel, and subject to 18 approval of the Court, hereby stipulate to the following proposed stipulated protective order relating 19 to confidential information. YWS and Alon are referred to collectively as the “Parties.” 20 1. Purpose. The Parties recognize that preparation and trial of this action may require the discovery of 21 22 certain records and other materials claimed by one or more of the parties to contain confidential 23 business, commercial, financial, or personal information. Specifically, preparation and trial of this 24 action may require the production or disclosure of: 25 (a) Agreements, drafts, term sheets, contracts, and other documents that contain 26 commercially-sensitive information or other confidential terms, including agreements with third 27 parties; 28 LV 421003448v2 Dockets.Justia.com (b) Financial information about the parties or third parties that is not publicly disclosed, 1 2 including compensation terms and revenue figures; (c) Documents constituting or referring to business planning and strategy that, if disclosed, 3 4 would competitively prejudice one or more of the parties or third parties; (d) Other private or commercially-sensitive documents that would prejudice the parties’ or 5 6 third parties’ legitimate business interests if publicly disclosed; and (e) Individuals’ personal, private information, including telephone numbers, e-mail 7 8 addresses, home addresses, and other medical and/or financial information. The parties desire to litigate this action without jeopardizing their business and commercial 9 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 interests, any individuals’ legitimate privacy interests, or any third party interests in the 11 confidentiality of this information, and so enter this proposed stipulated protective order (“Order”). 12 2. 13 Designation of Confidentiality. Designation of any materials as “Confidential” or “Highly Confidential –Attorneys Eyes 14 Only” shall be a representation that the designating party’s counsel, in good faith, believes that the 15 designated material comprises or contains information falling into one of the categories described 16 above. The protection of this Order may be invoked with respect to any testimony, deposition, court 17 filing, or discovery request (or response thereto), documents, records, or tangible things – and any 18 copies, abstracts, excerpts, or analyses thereof – used, served, or produced by any party in this action 19 which contain information falling into any of the categories described above. 20 Documents. With respect to documents, the copy of the document when produced shall bear 21 the clear and legible designation “Confidential” or “Highly Confidential – Attorneys Eyes Only,” as 22 the case may be. 23 Interrogatories or Request for Admissions. With respect to responses to interrogatories or 24 requests for admission, the specific pages of the responses containing “Confidential” or “Highly 25 Confidential – Attorneys Eyes Only” information shall be so marked. 26 27 Depositions. In order to obtain confidential or highly confidential treatment of a deposition, the designating party must designate the specific testimony to be maintained as “Confidential” or 28 LV 421003448v2 1 “Highly Confidential – Attorneys Eyes Only” within seven (7) business days of receipt of the 2 deposition transcript. All deposition testimony shall be treated as “Highly Confidential - Attorneys 3 Eyes Only” until such time as the designation deadline has passed. 4 Documents Produced by Third Parties. The parties shall have the right to designate 5 materials produced by third parties in this action as “Confidential” or “Highly Confidential – 6 Attorneys Eyes Only” within seven (7) business days of the production of such materials in this 7 action. All such documents shall be treated as “Highly Confidential - Attorneys Eyes Only” until 8 such time as the designation deadline has passed. Inadvertent Disclosure. The inadvertent or unintentional disclosure of confidential business, 9 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 commercial, financial or personal information without a designation as “Confidential” or “Highly 11 Confidential – Attorneys Eyes Only” shall not be deemed a waiver, either in whole or in part, of a 12 party’s claim that the specific information disclosed, any related information, or any information on 13 the same or a related subject matter is confidential and subject to this Order. Upon discovery of an 14 inadvertent or unintentional disclosure of such confidential information, counsel for the parties 15 should, to the extent possible, cooperate to restore the confidentiality of any such information that 16 was inadvertently or unintentionally disclosed. Documents Previously Produced. Documents previously produced in this case shall not be 17 18 treated as “Confidential” or “Highly Confidential – Attorneys Eyes Only” under this Order unless so 19 designated within seven (7) business days of notice of entry of this Order. 20 3. 21 Limited Disclosure of Designated Documents. All materials designated “Confidential” and “Highly Confidential – Attorneys Eyes Only” 22 shall be used solely in the preparation for trial, trial of this action and/or appeal, shall not be used at 23 any time for any other purpose whatsoever, and shall not be disclosed to or made accessible to any 24 person except as specifically permitted by this Order. a. Materials designated as “Confidential” by any party, may be disclosed only to: 25 26 i. 27 forth in paragraph 7 below. 28 LV 421003448v2 The Court, its staff, clerks, law clerks, and jurors in the manner set ii. 1 Any person who is designated to receive specific material or 2 information by order of this Court. Any person so designated shall execute an 3 undertaking in the form attached hereto as Exhibit A prior to disclosure, and shall 4 agree to be bound by this Order. iii. 5 Deposition and court reporters and their support personnel, for purposes of preparing transcripts only. 6 iv. 7 Attorneys in a law firm appearing of record for a party in this action, 8 all parties’ in-house counsel, and their respective employed secretaries, paralegals, 9 legal assistants, and independent contractors performing basic office services (such as GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 outside copying services) whose work on this case requires access to “Confidential” 11 materials (this category hereinafter collectively referred to as “Attorneys”). v. 12 Any individual party or any officer, director or employee of a party 13 assisting counsel in the preparation of the case to the extent necessary to enable the 14 parties to prepare for trial, to try this action, or to engage in appellate proceedings 15 herein. vi. 16 Any expert or consultant who is retained or sought to be retained by 17 any of the parties in this action to assist in this litigation, and any employee of such an 18 expert (this category hereinafter collectively referred to as “Experts”). Any Expert 19 wanting access to “Confidential” material shall execute an undertaking in the form 20 attached hereto as Exhibit A prior to disclosure, and shall agree to be bound by this 21 Order. vii. 22 Any person called to testify as a witness either at a deposition or court 23 proceeding in this action to the extent the “Confidential” information is relevant to 24 the subject matter of which the deponent would likely have knowledge or on which 25 the trial witness may be questioned, but only for the purpose of assisting in the 26 preparation or examination of the witness. Such persons receiving access to 27 “Confidential” material under this sub-paragraph shall execute an undertaking in the 28 LV 421003448v2 1 form attached hereto as Exhibit A prior to disclosure, and shall agree to be bound by 2 this Order. viii. 3 Any mediator or arbitrator that the parties have agreed in writing to 4 use in connection with this action, or that the parties have been ordered to use in 5 connection with this action, provided that any such person receiving “Confidential” 6 material under this sub-paragraph must sign an undertaking in the form attached 7 hereto as Exhibit A prior to disclosure, and shall agree to be bound by this Order. ix. 8 material, as well as any person who prepared, received, or reviewed that material 9 prior to the date this action was filed, or a corporate designee of such a person. GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 x. 11 Other persons approved in writing by the producing party. b. Materials designated as “Highly Confidential – Attorneys Eyes Only” by any party 12 13 With respect to any particular material, the author or addressee of that may be disclosed only to: i. 14 The Court, its staff, clerks and law clerks in the matter set forth in paragraph 7 below. 15 ii. 16 Deposition and court reporters and their support personnel, for purposes of preparing transcripts only. 17 iii. 18 Attorneys as defined in paragraph 3(a)(iv), but excluding independent contractors performing basic office services. 19 iv. 20 Any expert or consultant who is retained or sought to be retained by 21 any of the parties in this action to assist in this litigation, and any employee of such an 22 expert (this category hereinafter collectively referred to as “Experts”). Any Expert 23 wanting access to “Highly Confidential – Attorneys Eyes Only” material shall 24 execute an undertaking in the form attached hereto as Exhibit A prior to disclosure, 25 and shall agree to be bound by this Order. Competitors or employees, officers, 26 directors, principals or agents of a Non-producing Party or competitors to a Party 27 shall not be deemed experts or consultants for purposes of this provision. 28 LV 421003448v2 v. 1 Deponents and trial witnesses where the “Highly Confidential – 2 Attorneys Eyes Only” material is relevant to a subject matter of which the deponent 3 would likely have knowledge or on which the trial witness may be questioned, and 4 provided that (a) each such person execute an undertaking in the form attached hereto 5 as Exhibit A prior to disclosure, and (b) the terms of subparagraph 3(c) below have 6 been followed. Competitors or employees, officers, directors, principals or agents of a 7 Non-producing Party or competitors to a Party shall not be deemed deponents or trial 8 witnesses for purposes of this provision. vi. 9 With respect to any particular material, the author or addressee of that GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 material, as well as any person who prepared, received, or reviewed that material 11 prior to the date this action was filed. vii. 12 Other persons approved in writing by the producing party. c. Copies of any executed Exhibit A undertaking shall be retained by counsel 13 14 disclosing “Confidential” or “Highly Confidential – Attorneys Eyes Only” material to such 15 persons. All executed undertakings shall be disclosed to a party whose designated material 16 has been disclosed upon order by the Court that such disclosure shall be made. 17 4. Procedures for Challenges. 18 A party shall not be obligated to challenge the propriety of a “Confidential” or “Highly 19 Confidential –Attorneys Eyes Only” designation at the time such a designation is made, and a failure 20 to do so shall not preclude a subsequent challenge to that designation. Any challenge to the 21 designation of material as “Confidential” or “Highly Confidential –Attorneys Eyes Only,” and any 22 objection to disclosing “Highly Confidential – Attorneys Eyes Only” material to a deponent not 23 resolved by agreement of counsel, will be resolved according to the procedures set forth in Federal 24 Rule of Civil Procedure 37. Payment of attorneys’ fees expended in connection with any dispute 25 over the application of this Order will be governed by Federal Rule of Civil Procedure 37(a)(5)(A). 26 Until the challenge is resolved, the designated material shall maintain and be treated as 27 “Confidential” or “Highly Confidential – Attorneys Eyes Only,” as the case may be. 28 LV 421003448v2 1 5. Handling and Disposition of Materials; Handling at Conclusion of Case. All material designated “Confidential” or “Highly Confidential – Attorneys Eyes Only” shall 2 3 remain in the possession of the counsel of record to whom such material is produced, and they shall 4 not permit any such materials to leave their possession, except that copies of such materials may be 5 made for purposes of disclosures permitted under this Stipulation, and copies may be submitted to 6 the Court under seal as necessary. Within sixty (60) days after such time as this action is concluded, whether by final 7 8 adjudication on the merits from which there remains no right of appeal, or by other means, any party 9 producing “Confidential” or “Highly Confidential – Attorneys Eyes Only” material may require the GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 return of all documents and copies containing “Confidential” or “Highly Confidential – Attorneys 11 Eyes Only” materials (including but not limited to copies in the possession or control of any Expert 12 or employee) to the party who produced them. A party receiving such a request may also satisfy its 13 obligations by destroying the designated documents within thirty (30) days of receipt of the request, 14 and providing a written statement under penalty of perjury to the requesting party confirming the 15 destruction of all such documents and information. 16 6. Further Application. 17 Nothing in this Order shall preclude any party from applying to the Court for additional or 18 different protective provisions with respect to specific material if the need should arise during this 19 litigation. The Court shall retain jurisdiction over the parties, and over any person executing an 20 undertaking to be bound by the terms of this Order, during the pendency of this action and for such 21 time thereafter as is needed to carry out the terms of this Order. 22 7. 23 Filing in Court. No “Confidential” or “Highly Confidential –Attorneys Eyes Only” materials shall be filed in 24 the public record of this action. If a party wants to file with the Court a document constituting or 25 containing “Confidential” or “Highly Confidential – Attorneys Eyes Only” material, such papers 26 shall be filed or lodged in a sealed envelope and kept under seal by the Clerk of this Court, unless 27 otherwise ordered by the Court. If materials are lodged under seal for the limited purpose of 28 LV 421003448v2 1 assisting the Court in its consideration of a particular motion, unless otherwise ordered by the Court 2 those materials shall be returned to the lodging party by the Clerk of this Court once that motion has 3 been adjudicated. Where possible, only “Confidential” or “Highly Confidential–Attorneys Eyes 4 Only” portions of filings with the Court shall be filed under seal. To facilitate compliance with this Order by the Clerk’s office, material filed under these 5 6 designations shall be contained in a sealed envelope bearing the appropriate designation on its front 7 face. In addition, the envelope shall bear the caption of the case, shall contain a concise, non- 8 disclosing inventory of its contents for docketing purposes, and shall state thereon that it is filed 9 under the terms of this Order. If any Court document to be filed by either party contains any GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 “Confidential” or “Highly Confidential – Attorneys Eyes Only” material, the proposed filing and 11 lodging shall be accompanied by an application to file or lodge the document or the portion(s) 12 thereof including “Confidential” or “Highly Confidential – Attorneys Eyes Only” material (if such 13 portion(s) is/are segregable) under seal pursuant to the Federal Rules of Civil Procedure, local rules, 14 and the District Court’s standing order. 15 8. Modification By Parties. This Order may be modified or amended by the parties, subject to approval of the Court, 16 17 provided it is in the form of a stipulation that shall be filed and made part of the record in this case. 18 9. Reservation of Rights. 19 By designating any material “Confidential” or “Highly Confidential – Attorneys Eyes Only” 20 the parties do not acknowledge that any such material is relevant, discoverable, or admissible in this 21 action. All parties reserve the right to seek discovery of, or alternatively to resist discovery of, such 22 material in this action. Designations of “Confidential” or “Highly Confidential – Attorneys Eyes 23 Only” shall not be made known to the jury. 24 10. Use of Own Materials. Notwithstanding the foregoing, any party may use any materials or information designated 25 26 by it for any purpose whatsoever. 27 ... 28 LV 421003448v2 1 11. Independently Discovered Material. Nothing herein shall impose any restrictions on the use or disclosure by a party of material 2 3 obtained by such party independent of discovery in this action, whether or not such material is also 4 obtained through discovery in this action. 5 12. 6 Additional Disclosures. Nothing herein shall prevent any party who has received “Confidential” or “Highly 7 Confidential — Attorneys Eyes Only” information pursuant to this Order from producing such 8 information in response to a lawful subpoena or other compulsory process; provided that any party 9 receiving such subpoena or process shall, as soon as reasonably practical, provide notice to the GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 designating party by telephone or facsimile in order to allow such designating party a reasonable 11 opportunity to seek a protective order or similar relief from the Court. 12 13 14 15 16 17 18 19 20 21 22 23 SO STIPULATED SO STIPULATED DATED this 24th day of January, 2018. DATED this 24th day of January, 2018. GREENBERG TRAURIG, LLP MEAD LAW GROUP /s/ Shauna L. Norton MARK G. TRATOS, ESQ. Nevada Bar No. 1086 DONALD L. PRUNTY, ESQ. Nevada Bar No. 8230 SHAUNA L. NORTON, ESQ. Nevada Bar No. 11320 3773 Howard Hughes Parkway, Suite 400 N Las Vegas, NV 89169 /s/ Sarah A. Mead LEON F. MEAD, II, ESQ. Nevada Bar No. 5719 SARAH A. MEAD, ESQ. Nevada Bar No. 13725 10161 Park Run Dr., Suite 150 Las Vegas, NV 89145 Counsel for the Alon Parties ROBERT D. ROURKE, ESQ. Nevada State Bar No. 5757 ROURKE LAW FIRM 10161 Park Run Drive, Suite 150 Las Vegas, Nevada 89145 24 25 Counsel for YWS Architects, LLC and Tom Wucherer 26 27 28 LV 421003448v2 PATRICK G. BYRNE, ESQ. Nevada Bar No. 7636 SNELL & WILMER, LLP 3883 Howard Hughes Parkway Suite 1100 Las Vegas, NV 89169 Counsel for Alon Las Vegas Resort, LLC, Alon Las Vegas Landco, LLC and Alon Leisure Management, LLC 1 ORDER 2 3 4 5 For good cause shown, IT IS HEREBY ORDERED that this Joint Stipulation Regarding the Confidentiality of Discovery Documents and Information be treated as the Order of this Court. January 24th DATED this ____ day of ______________________ 2018. 6 7 The Honorable Cam Ferenbach United States Magistrate Judge 8 9 GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LV 421003448v2 1 EXHIBIT A 2 NON-DISCLOSURE AGREEMENT 3 I,_______________________, do solemnly swear that I have read and am fully familiar with 4 the terms of the Protective Order Regarding the Confidentiality of Discovery Documents and 5 Information entered in this action. I hereby agree to comply with and be bound by the terms and 6 conditions of that Protective Order unless and until modified by further order of that Court. I hereby 7 consent to the jurisdiction of that Court for purposes of enforcing this Order. 8 9 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. GREENBERG TRAURIG, LLP 3773 Howard Hughes Parkway, Suite 400 North Las Vegas, Nevada 89169 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 10 11 Executed this ___ day of _______, 201__ at________________________. 12 Signed: 13 Employer: 14 Business Address: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LV 421003448v2
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