King v DIV Holdings, LLC, No. 2:2020cv00231 - Document 21 (D. Nev. 2020)
Court Description: ORDER Granting 20 Stipulated Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 9/22/2020. (Copies have been distributed pursuant to the NEF - JQC)
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King v DIV Holdings, LLC Doc. 21 Case 2:20-cv-00231-RFB-NJK Document 20 Filed 09/21/20 Page 1 of 8 5 Ryan J. Works, Esq. (NSBN 9224) Rory T. Kay, Esq. (NSBN 12416) McDONALD CARANO LLP 2300 West Sahara Avenue, Suite 1200 Las Vegas, Nevada 89102 Telephone: (702) 873-4100 rworks@mcdonaldcarano.com rkay@mcdonaldcarano.com 6 Attorneys for Defendant DIV Holdings, LLC 1 2 3 4 7 IN THE UNITED STATES DISTRICT COURT 8 9 10 FOR THE DISTRICT OF NEVADA DAVID KING, individually and on behalf of all others similarly situated, 11 12 13 14 Case No. 2:20-CV-00231-RFB-NJK STIPULATED PROTECTIVE [PROPOSED] STIPULATED ORDER PROTECTIVE ORDER Plaintiff, vs. DIV HOLDINGS, LLC, doing business as “Jardin Premium Cannabis Dispensary,” 15 Defendant. 16 17 IT IS HEREBY STIPULATED by and between Plaintiff David King (“Plaintiff”) and 18 Defendant DIV Holdings, LLC (“Defendant”) through their respective attorneys of record, as 19 follows: 20 WHEREAS, documents and information have been and may be sought, produced or 21 exhibited by and among the parties to this action relating to trade secrets, confidential research, 22 development, technology or other proprietary information belonging to the Defendant, and/or 23 personal income, credit and other confidential information of Plaintiff. 24 25 26 THEREFORE, an Order of this Court protecting such confidential information shall be and hereby is made by this Court on the following terms: 1. This Order shall govern the use, handling and disclosure of all documents, 27 testimony or information produced or given in this action which are designated to be subject to 28 this Order in accordance with the terms hereof. 1 Dockets.Justia.com Case 2:20-cv-00231-RFB-NJK Document 20 Filed 09/21/20 Page 2 of 8 1 2. Any party or non-party producing or filing documents or other materials in this 2 action may designate such materials and the information contained therein subject to this Order 3 by typing or stamping on the front of the document, or on the portion(s) of the document for which 4 confidential treatment is designated, “Confidential.” 5 3. If a party or non-party producing documents in this action (a “Producing Party”) 6 believes in good faith that, despite the provisions of this Protective Order, there is a substantial 7 risk of identifiable harm to the Producing Party if particular documents it designates as 8 “Confidential” are disclosed to all other Parties or non-parties to this action, the Producing Party 9 may designate those particular documents as “Confidential—Attorneys’ Eyes Only.” 10 4. filedTo the extent any motions, briefs, pleadings, deposition transcripts, or other papers See order concurrently herewith. 11 to be filed with the Court incorporate documents or information subject to this Order, the party 12 filing such papers shall designate such materials, or portions thereof, as “Confidential,” or 13 “Confidential – Attorneys’ Eyes Only,” and shall file them with the clerk under seal; provided, 14 however, that a copy of such filing having the confidential information deleted therefrom may be 15 made part of the public record. Any party filing any document under seal must comply with the 16 requirements of Civil Local Rules. 17 5. Unless all parties agree on the record at the time the deposition testimony is 18 taken, all deposition testimony taken in this case shall be treated as “Confidential” until the 19 expiration of the following: No later than the fourteenth day after the transcript is delivered to any 20 party or the witness, and in no event later than 60 days after the testimony was given, Within this 21 time period, a party may serve a Notice of Designation to all parties of record as to specific 22 portions of the testimony that are designated “Confidential”, and thereafter only those portions 23 identified in the Notice of Designation shall be protected by the terms of this Order. The failure 24 to serve a timely Notice of Designation shall waive any designation of testimony taken in that 25 deposition as Confidential Information, unless otherwise ordered by the Court. 26 6. All documents, transcripts, or other materials subject to this Order, and all 27 information derived therefrom (including, but not limited to, all testimony given in a deposition, 28 declaration or otherwise, that refers, reflects or otherwise discusses any information designated 2 Case 2:20-cv-00231-RFB-NJK Document 20 Filed 09/21/20 Page 3 of 8 1 “Confidential” or “Confidential – Attorneys’ Eyes Only” hereunder), shall not be used, directly 2 or indirectly, by any person, for any business, commercial or competitive purposes or for any 3 purpose whatsoever other than solely for the preparation and trial of this action in accordance with 4 the provisions of this Order. 5 7. Except with the prior written consent of the individual or entity designating a 6 document or portions of a document as “Confidential,” or pursuant to prior Order after notice, any 7 document, transcript or pleading given “Confidential” treatment under this Order, and any 8 information contained in, or derived from any such materials (including but not limited to, all 9 deposition testimony that refers to, reflects or otherwise discusses any information designated 10 “Confidential” hereunder) may not be disclosed other than in accordance with this Order and may 11 not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation; 12 (c) counsel for the parties, whether retained outside counsel or in-house counsel and employees 13 of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses 14 subject to a proffer to the Court or a stipulation of the parties that such witnesses need to know 15 such information; (e) present or former employees of the Producing Party in connection with their 16 depositions in this action (provided that no former employees shall be shown documents prepared 17 after the date of his or her departure); and (f) experts specifically retained as consultants or expert 18 witnesses in connection with this litigation. 19 8. Except with the prior written consent of the individual or entity designating a 20 document or portions of a document as “Confidential—Attorneys’ Eyes Only”, or pursuant to 21 prior Order after notice, any document, transcript or pleading given “Confidential—Attorneys’ 22 Eyes Only” treatment under this Order, and any information contained in, or derived from any 23 such materials (including but not limited to, all deposition testimony that refers to, reflects or 24 otherwise discusses any information designated “Confidential—Attorneys’ Eyes Only” 25 hereunder) may not be disclosed other than in accordance with this Order and may not be disclosed 26 to any person other than: (a) a party’s retained outside counsel of record in this action, as well as 27 employees of said outside counsel to whom it is reasonably necessary to disclose the information 28 for this litigation and who have signed the “Declaration of Compliance” that is attached hereto as 3 Case 2:20-cv-00231-RFB-NJK Document 20 Filed 09/21/20 Page 4 of 8 1 Exhibit A; (b) experts specifically retained as consultants or expert witnesses in connection with 2 this litigation who have signed the “Declaration of Compliance” (Exhibit A); (c) the Court and its 3 personnel; (d) court reporters, their staffs, and professional vendors to whom disclosure is 4 reasonably necessary for this litigation and who have signed the “Declaration of Compliance” 5 (Exhibit A); and (e) the author of the document or the original source of the information. 6 9. Documents produced pursuant to this Order shall not be made available to any 7 person designated in Subparagraph 6(f) or 7(b) unless he or she shall have first read this Order, 8 agreed to be bound by its terms, and signed the attached Declaration of Compliance. 9 10. All persons receiving any or all documents produced pursuant to this Order shall 10 be advised of their confidential nature. All persons to whom confidential information and/or 11 documents are disclosed are hereby enjoined from disclosing same to any person except as 12 provided herein, and are further enjoined from using same except in the preparation for and trial 13 of the above-captioned action between the named parties thereto. No person receiving or 14 reviewing such confidential documents, information or transcript shall disseminate or disclose 15 them to any person other than those described above in Paragraph 6 and Paragraph 7 and for the 16 purposes specified, and in no event shall such person make any other use of such document or 17 transcript. 18 11. 19 20 Nothing in this Order shall prevent a party from using at trial any information or materials designated “Confidential” or “Confidential – Attorneys’ Eyes Only”. 12. This Order has been agreed to by the parties to facilitate discovery and the 21 production of relevant evidence in this action. Neither the entry of this Order, nor the designation 22 of any information, document, or the like as “Confidential” or “Confidential – Attorneys’ Eyes 23 Only,” nor the failure to make such designation, shall constitute evidence with respect to any issue 24 in this action. 25 13. An inadvertent failure to designate a document as “Confidential” or 26 “Confidential – Attorneys’ Eyes Only,” does not, standing alone, waive the right to so designate 27 the document. If a party designates a document as “Confidential” or “Confidential – Attorneys’ 28 Eyes Only,” after it was initially produced, the receiving party, on notification of the designation, 4 Case 2:20-cv-00231-RFB-NJK Document 20 Filed 09/21/20 Page 5 of 8 1 must make a reasonable effort to assure that the document is treated in accordance with the 2 provisions of this Order. No party shall be found to have violated this Order for failing to maintain 3 the confidentiality of material during a time when that material has not been designated 4 “Confidential” or “Confidential – Attorneys’ Eyes Only,” even where the failure to so designate 5 was inadvertent and where the material is subsequently designated as such. 6 14. Within sixty (60) days after the final termination of this litigation, all documents, 7 transcripts, or other materials afforded confidential treatment pursuant to this Order, including any 8 extracts, summaries or compilations taken therefrom, but excluding any materials which in the 9 good faith judgment of counsel are work product materials, shall be returned to the Producing 10 Party within 30 days of the Producing Party’s written request unless: (1) the document has been 11 offered into evidence or filed without restriction as to disclosure; (2) the parties agree to 12 destruction and certify the fact of destruction to the extent practicable in lieu of return; or (3) as 13 to documents bearing the notations, summations, or other mental impressions of the receiving 14 party, that party elects to destroy the documents and certifies to the Producing Party that it has 15 done so. If the parties agree to the destruction of materials afforded confidential treatment 16 pursuant to this Order, the receiving party shall destroy documents reflecting material that has 17 been designated “Confidential” or “Confidential – Attorneys’ Eyes Only,” and certify the fact of 18 destruction, provided however that the receiving party shall not be required to locate, isolate and 19 destroy e-mails (including attachments to e-mails) that may include such information, or such 20 confidential information contained in deposition transcripts or drafts or final expert reports. 21 15. In the event that any party to this litigation disagrees at any point in these 22 proceedings with any designation made under this Protective Order, the parties shall first try to 23 resolve such dispute in good faith on an informal basis in accordance with Civil Local Rules. If 24 the dispute cannot be resolved, the party objecting to the designation may seek appropriate relief 25 from this Court. During the pendency of any challenge to the designation of a document or 26 information, the designated document or information shall continue to be treated as “Confidential” 27 or “Confidential – Attorneys’ Eyes Only” subject to the provisions of this Protective Order. 28 16. Nothing herein shall affect or restrict the rights of any party with respect to its own 5 Case 2:20-cv-00231-RFB-NJK Document 20 Filed 09/21/20 Page 6 of 8 1 documents or to the information obtained or developed independently of documents, transcripts 2 and materials afforded confidential treatment pursuant to this Order. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 17. The Court retains the right to allow disclosure of any subject covered by this stipulation or to modify this stipulation at any time in the interest of justice. Dated: September 21, 2020 Dated: September 21, 2020 THE O’MARA LAW FIRM, P.C. McDONALD CARANO LLP By: /s/ David C. O’Mara David C. O’Mara (NV Bar No. 8599) 311 East Liberty Street Reno, Nevada 89501 david@omaralaw.net By: /s/ Ryan J. Works Ryan J. Works, Esq. (NSBN 9224) Rory T. Kay, Esq. (NSBN 12416) 2300 West Sahara Avenue, Suite 1200 Las Vegas, Nevada 89102 rworks@mcdonaldcarano.com rkay@mcdonaldcarano.com Frank S. Hedin HEDIN HALL LLP 1395 Brickell Avenue, Suite 1140 Miami, Florida 33131 fhedin@hedinhall.com Attorneys for Defendant DIV Holdings, LLC Philip L. Fraietta BURSOR & FISHER, P.A. 888 Seventh Avenue New York, New York 11019 pfraietta@bursor.com Attorneys for Plaintiff and the Putative Class ORDER 20 IT IS SO ORDERED. 21 Dated this ______ day of __________________, Dated: September 22, 2020 2020. 22 _________________________________ UNITED Nancy J. STATES Koppe MAGISTRATE JUDGE United States Magistrate Judge 23 24 25 26 27 28 6 Case 2:20-cv-00231-RFB-NJK Document 20 Filed 09/21/20 Page 7 of 8 1 EXHIBIT A 2 DECLARATION OF COMPLIANCE 3 I, _____________________________________, declare as follows: 4 1. My address is ________________________________________________. 5 2. My present employer is ________________________________________. 6 3. My present occupation or job description is _________________________. 7 4 I have received a copy of the Stipulated Protective Order entered in this action on 8 _______________, 20___. 9 5. I have carefully read and understand the provisions of this Stipulated Protective Order. 10 6. I will comply with all provisions of this Stipulated Protective Order. 11 7. I will hold in confidence, and will not disclose to anyone not qualified under the 12 Stipulated Protective Order, any information, documents or other materials produced subject to 13 this Stipulated Protective Order. 14 8. 15 Stipulated Protective Order only for purposes of this present action. 16 9. 17 documents or other materials produced subject to this Stipulated Protective Order, and all 18 documents or things which I have prepared relating to the information, documents or other 19 materials that are subject to the Stipulated Protective Order, to my counsel in this action, or to 20 counsel for the party by whom I am employed or retained or from whom I received the 21 documents. 22 10. 23 Stipulated Protective Order in this action. I will use such information, documents or other materials produced subject to this Upon termination of this action, or upon request, I will return and deliver all information, I hereby submit to the jurisdiction of this Court for the purposes of enforcing the 24 25 /// 26 27 28 7 Case 2:20-cv-00231-RFB-NJK Document 20 Filed 09/21/20 Page 8 of 8 1 I declare under penalty of perjury under the laws of the United States that the foregoing is true 2 and correct. 3 Executed this ____ day of _____________, 20__ at __________________. 4 5 _______________________________ QUALIFIED PERSON 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8
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