Sielaw v. The Retail Equation, No. 2:2019cv00931 - Document 12 (D. Nev. 2019)
Court Description: ORDER Granting 11 Stipulation re Discovery Proposed Stipulated Protective Order. Signed by Magistrate Judge Daniel J. Albregts on 9/11/2019. (Copies have been distributed pursuant to the NEF - JQC)
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Sielaw v. The Retail Equation Doc. 12 Case 2:19-cv-00931-KJD-DJA Document 11 Filed 09/10/19 Page 1 of 8 1 2 3 4 5 6 7 8 9 10 11 12 Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 KNEPPER & CLARK LLC 5510 So. Fort Apache Rd, Suite 30 Las Vegas, NV 89148 Phone: (702) 856-7430 Fax: (702) 447-8048 Email: matthew.knepper@knepperclark.com Email: miles.clark@knepperclark.com David H. Krieger, Esq. Nevada Bar No. 9086 HAINES & KRIEGER, LLC 8985 S. Eastern Ave., Suite 350 Las Vegas, NV 89123 Phone: (702) 880-5554 Fax: (702) 385-5518 Email: dkrieger@hainesandkrieger.com 13 14 Attorneys for Plaintiff 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA 17 ROBERT SIELAW, 18 19 Plaintiff, [PROPOSED] STIPULATED PROTECTIVE ORDER vs. 20 21 22 23 24 25 26 Case No.: 2:19-cv-00931-KJD-DJA THE RETAIL EQUATION, Defendant. IT IS HEREBY STIPULATED by and between Plaintiff, Robert Sielaw (“Plaintiff”) and Defendant, The Retail Equation (“Retail Equation”), (collectively, the “Parties”), by and through their counsel of record, as follows: WHEREAS, documents and information have been and may be sought, produced or 27 exhibited by and among the parties to this action relating to trade secrets, confidential research, 28 [Proposed] Stipulated Protective Order - 1 Dockets.Justia.com Case 2:19-cv-00931-KJD-DJA Document 11 Filed 09/10/19 Page 2 of 8 1 development, technology or other proprietary information belonging to the defendants and/or 2 personal income, credit and other confidential information of Plaintiff. 3 THEREFORE, an Order of this Court protecting such confidential information shall be and 4 hereby is made by this Court on the following terms: 5 6 7 8 9 1. This Order shall govern the use, handling and disclosure of all documents, testimony or information produced or given in this action which are designated to be subject to this Order in accordance with the terms hereof. 2. Any party or non-party producing or filing documents or other materials in this 10 action may designate such materials and the information contained therein subject to this Order by 11 typing or stamping on the front of the document, or on the portion(s) of the document for which 12 confidential treatment is designated, “Confidential.” 13 3. To the extent any motions, briefs, pleadings, deposition transcripts, or other papers 14 to be filed with the Court incorporate documents or information subject to this Order, the party 15 filing such papers shall designate such materials, or portions thereof, as “Confidential,” and shall 16 file them with the clerk under seal; provided, however, that a copy of such filing having the 17 confidential information deleted therefrom may be made part of the public record. Any party filing 18 any document under seal must comply with the requirements of Local Rules. 19 4. All documents, transcripts, or other materials subject to this Order, and all 20 information derived therefrom (including, but not limited to, all testimony, deposition, or 21 otherwise, that refers, reflects or otherwise discusses any information designated Confidential 22 23 24 25 hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff and Retail Equation for commercial or competitive purposes or for any purpose whatsoever other than solely for the preparation and trial of this action in accordance with the provisions of this Order. 5. All depositions or portions of depositions taken in this action that contain 26 confidential information may be designated as “Confidential” and thereby obtain the protections 27 accorded other confidential information. The parties shall have twenty-one (21) days from the date 28 [Proposed] Stipulated Protective Order - 2 Case 2:19-cv-00931-KJD-DJA Document 11 Filed 09/10/19 Page 3 of 8 1 a deposition is taken, or fourteen (14) days from the date a deposition transcript is received, 2 whichever date is greater, to serve a notice to all parties designating portions as “Confidential.” 3 Until such time, all deposition testimony shall be treated as confidential information. To the extent 4 any designations are made on the record during the deposition, the designating party need not serve 5 6 7 8 9 a notice re-designating those portions of the transcript as confidential information. Any party may challenge any such designation in accordance with Paragraph 13 of this Order. 6. Except with the prior written consent of the individual or entity designating a document or portions of a document as “Confidential,” or pursuant to prior Order after notice, any 10 document, transcript or pleading given “Confidential” treatment under this Order, and any 11 information contained in, or derived from any such materials (including but not limited to, all 12 deposition testimony that refers, reflects or otherwise discusses any information designated 13 confidential hereunder) may not be disclosed other than in accordance with this Order and may 14 not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation; 15 (c) counsel for the parties, whether retained counsel or in-house counsel and employees of counsel 16 assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a 17 proffer to the Court or a stipulation of the parties that such witnesses need to know such 18 information; (e) present or former employees of the producing party in connection with their 19 depositions in this action (provided that no former employees shall be shown documents prepared 20 after the date of his or her departure); and (f) experts specifically retained as consultants or expert 21 witnesses in connection with this litigation. 22 23 24 25 7. Documents produced pursuant to this Order shall not be made available to any person designated in Subparagraph 6 (f) unless he or she shall have first read this Order, agreed to be bound by its terms, and signed the attached Declaration of Compliance. 8. Third parties who are the subject of discovery requests, subpoenas or depositions 26 in this case may take advantage of the provisions of this Protective Order by providing the parties 27 with written notice that they intend to comply with and be bound by the terms of this Protective 28 [Proposed] Stipulated Protective Order - 3 Case 2:19-cv-00931-KJD-DJA Document 11 Filed 09/10/19 Page 4 of 8 1 Order. 2 9. All persons receiving any or all documents produced pursuant to this Order shall 3 be advised of their confidential nature. All persons to whom confidential information and/or 4 documents are disclosed are hereby enjoined from disclosing same to any person except as 5 6 7 8 9 10 11 12 13 provided herein and are further enjoined from using same except in the preparation for and trial of the above-captioned action between the named parties thereto. No person receiving or reviewing such confidential documents, information or transcript shall disseminate or disclose them to any person other than those described above in Paragraph 6 and for the purposes specified, and in no event, shall such person make any other use of such document or transcript. 10. Nothing in this Order shall prevent a party from using at trial any information or materials designated “Confidential.” 11. This Order has been agreed to by the parties to facilitate discovery and the 14 production of relevant evidence in this action. Neither the entry of this Order, nor the designation 15 of any information, document, or the like as “Confidential,” nor the failure to make such 16 designation, shall constitute evidence with respect to any issue in this action. 17 12. Inadvertent failure to designate any document, transcript, or other materials 18 “Confidential” will not constitute a waiver of an otherwise valid claim of confidentiality pursuant 19 to this Order, so long as a claim of confidentiality is promptly asserted after discovery of the 20 inadvertent failure. If a party designates a document as “Confidential” after it was initially 21 produced, the receiving party, on notification of the designation, must make a reasonable effort to 22 23 24 25 assure that the document is treated in accordance with the provisions of this Order, and upon request from the producing party certify that the designated documents have been maintained as confidential information. 13. If any party objects to any designation of any materials as “Confidential,” the 26 parties shall attempt in good faith to resolve such objection by agreement. If the parties cannot 27 resolve their objections by agreement, the party objecting to the designation may seek the 28 [Proposed] Stipulated Protective Order - 4 Case 2:19-cv-00931-KJD-DJA Document 11 Filed 09/10/19 Page 5 of 8 1 assistance of the Court. A party shall have thirty (30) days from the time a “Confidential” 2 designation is made to challenge the propriety of the designation. Until an objection has been 3 resolved by agreement of counsel or by order of the Court, the materials shall be treated as 4 Confidential and subject to this Order. 5 14. 6 7 8 9 10 transcripts, or other materials afforded confidential treatment pursuant to this Order, including any extracts, summaries or compilations taken therefrom, but excluding any materials which in the good faith judgment of counsel are work product materials, shall be returned to the Producing Party. In lieu of return, the parties may agree to destroy the documents, to the extent practicable. 15. 11 12 Within sixty (60) days after the final termination of this litigation, all documents, The designating party shall have the burden of proving that any document designated as CONFIDENTIAL is entitled to such protection. 16. 13 Nothing herein shall affect or restrict the rights of any party with respect to its own 14 documents or to the information obtained or developed independently of documents, transcripts 15 and materials afforded confidential treatment pursuant to this Order. 17. 16 The Court retains the right to allow disclosure of any subject covered by this 17 stipulation or to modify this stipulation at any time in the interest of justice. 18 // 19 // 20 // 21 // 22 23 24 25 // // // // 26 // 27 // 28 [Proposed] Stipulated Protective Order - 5 Case 2:19-cv-00931-KJD-DJA Document 11 Filed 09/10/19 Page 6 of 8 1 2 IT IS SO STIPULATED. Dated September 10, 2019 KNEPPER & CLARK LLC LEWIS ROCA ROTHGERBER CHRISTIE LLP /s/ Miles N. Clark Matthew I. Knepper, Esq. Nevada Bar No. 12796 Miles N. Clark, Esq. Nevada Bar No. 13848 5510 So. Fort Apache Rd, Suite 30 Las Vegas, NV 89148 Email: matthew.knepper@knepperclark.com Email: miles.clark@knepperclark.com /s/ J. Christopher Jorgensen J. Christopher Jorgensen, Esq. Nevada Bar No. 5382 Matthew R. Tsai, Esq. Nevada Bar No. 14290 3993 Howard Hughes Pkwy., Suite 600 Las Vegas, NV 89169 Email: cjorgensen@lrrc.com Email: mtsai@lrrc.com Counsel for Defendant The Retail Equation 13 HAINES & KRIEGER LLC David H. Krieger, Esq. Nevada Bar No. 9086 8985 S. Eastern Avenue, Suite 350 Las Vegas, NV 89123 Email: dkrieger@hainesandkrieger.com 14 Counsel for Plaintiff 3 4 5 6 7 8 9 10 11 12 15 Sielaw v. The Retail Equation Case No. 2:19-cv-00931-KJD-CWH 16 17 18 ORDER GRANTING 19 STIPULATED PROTECTIVE ORDER 20 21 IT IS SO ORDERED. 22 23 September 11, 2019 Dated: __________, _____ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 [Proposed] Stipulated Protective Order - 6 Case 2:19-cv-00931-KJD-DJA Document 11 Filed 09/10/19 Page 7 of 8 1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 Sielaw v. The Retail Equation United States District Court, District of Nevada Case No. 2:19-cv-00931-KJD-CWH 4 5 6 I, _____________________________________, declare as follows: 7 8 1. My address is ________________________________________________. 2. My present employer is ________________________________________. 3. My present occupation or job description is _________________________. 4 I have received a copy of the Stipulated Protective Order entered in this action on 9 10 11 _______________, 20___. 12 13 14 5. I have carefully read and understand the provisions of this Stipulated Protective 6. I will comply with all provisions of this Stipulated Protective Order. 7. I will hold in confidence and will not disclose to anyone not qualified under the Order. 15 16 17 Stipulated Protective Order, any information, documents or other materials produced subject to 18 this Stipulated Protective Order. 8. 19 20 I will use such information, documents or other materials produced subject to this Stipulated Protective Order only for purposes of this present action. 9. 21 Upon termination of this action, or upon request, I will return and deliver all 22 information, documents or other materials produced subject to this Stipulated Protective Order, 23 and all documents or things which I have prepared relating to the information, documents or other 24 materials that are subject to the Stipulated Protective Order, to my counsel in this action, or to 25 counsel for the party by whom I am employed or retained or from whom I received the documents. 26 // 27 // 28 [Proposed] Stipulated Protective Order - 7 Case 2:19-cv-00931-KJD-DJA Document 11 Filed 09/10/19 Page 8 of 8 1 10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the 2 Stipulated Protective Order in this action. I declare under penalty of perjury under the laws of the 3 United States that the following is true and correct. 4 Executed this ____ day of _____________, 2019 at __________________. 5 6 _______________________________ QUALIFIED PERSON 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Stipulated Protective Order - 8
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