JoshCo Tech, LLC v. Eagle Rising Veteran Consulting, LLC et al, No. 2:2020cv00451 - Document 28 (D. Nev. 2020)
Court Description: ORDER Granting 27 Stipulated Protective Order. Signed by Magistrate Judge Daniel J. Albregts on 9/30/2020. (Copies have been distributed pursuant to the NEF - JQC)
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JoshCo Tech, LLC v. Eagle Rising Veteran Consulting, LLC et al Doc. 28 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 1 of 15 1 Meng Zhong Nevada Bar No. 12145 2 Brian D. Blakley Nevada Bar No. 13074 3 LEWIS ROCA ROTHGERBER CHRISTIE LLP 3993 Howard Hughes Pkwy, Suite 600 4 Las Vegas, NV 89169-5996 Tel: 702.949.8200 5 E-mail: mzhong@LRRC.com E-mail: bblakley@LRRC.com 6 Jeffrey A. Feasby (pro hac vice) 7 PEREZ VAUGHN & FEASBY, INC. 600 B Street, Suite 2100 8 San Diego, CA 92101 Tel: 619.741.0242 9 E-mail: feasby@pvflaw.com 10 Attorneys for Plaintiff JoshCo Tech, LLC 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 11 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 12 13 JOSHCO TECH, LLC, a Nevada limited liability company, Case No.: 2:20-cv-00451-RFB-DJA 14 Plaintiff, [PROPOSED] PROTECTIVE ORDER 15 v. 16 17 EAGLE RISING VETERAN CONSULTING, LLC, an Alabama corporation; DWAYNE MOOREHOUSE, an individual, 18 Defendants. 19 20 Plaintiff JOSHCO TECH, LLC and Defendants EAGLE RISING VETERAN 21 CONSULTING, LLC and DWAYNE MOOREHOUSE (collectively, the “Parties”), by and 22 through their counsel of record, enter into this Stipulated Protective Order (“Protective Order”) 23 and agree as follows: 24 25 26 1. DEFINITIONS The following definitions apply to this Protective Order: a. “Action” means and refers to the above-captioned matter as well as any cases that 27 may be consolidated with the above-captioned matter. 28 b. “Confidential Document” means any document that any Designating Party (defined 1 112418061.1 Dockets.Justia.com Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 2 of 15 1 below) designates as “Confidential” or “Confidential – Attorneys’ Eyes Only” in the manner set 2 forth in this Protective Order. 3 c. “Confidential Information” mean any information not made available to the general 4 public that concerns or relates to trade secret information, proprietary, technical, personnel, 5 business and/or financial information, personal and/or private information, or any other 6 information that any Designating Party believes in good faith should be protected from 7 unrestricted disclosure. 8 d. “Designating Party” means any Party or Non-Party designating a document or 9 information in a document as “Confidential” or “Confidential – Attorneys’ Eyes Only.” 10 e. “Legend” means a stamp or similar insignia providing the designation 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 11 “Confidential” or “Confidential – Attorneys’ Eyes Only,” or other appropriate term or terms 12 identifying the level of confidentiality of the document. 13 f. “Non-Party” means every person or entity not a Party to this Action that provides 14 information, either testimonial or documentary, for use in this litigation through discovery or 15 otherwise, including but not limited to those who execute and deliver to counsel the “Agreement 16 to Terms of Stipulated Protective Order,” attached as Exhibit A, and every director, officer, and 17 employee of all persons or entities described in this definition. 18 g. “Outside Counsel” are limited to counsel of record in this Action, which includes 19 all attorneys of the firms or offices that have appeared in this Action on behalf of a Party, either 20 in person or in writing, which includes those attorneys’ support staff, including law clerks and 21 interns. Documents designated “Confidential – Attorneys’ Eyes Only” must not be disclosed to a 22 Party, or to any officer, director, employee or agent of a Party, unless otherwise agreed by the 23 Designating Party or Designating Parties in writing prior to any disclosure or as expressly provided 24 in this Protective Order. 25 h. “Party” means every Party to this Action and every director, officer, and managing 26 agent of every Party to this Action. . 27 i. “Receiving Party” means any Party receiving Confidential Documents or 28 Confidential Information of a Designating Party. 2 112418061.1 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 3 of 15 1 j. When reference is made in this Protective Order to any document or to any Party, 2 the singular includes the plural, and plural includes the singular. 3 4 2. DESIGNATION OF DOCUMENTS a. Materials Subject to Designation. All depositions, originals and copies of 5 transcripts of depositions, exhibits, answers to interrogatories, responses to requests for admission, 6 responses to requests for production of documents and all documents, materials, tangible things 7 and information obtained by inspection of files or facilities, by production of documents or by 8 identification of documents previously gathered (hereinafter collectively referred to as 9 “Document(s)”) may be designated by the Party or a Non-Party producing the Information in 10 conformity with the definitions set forth above. 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 11 b. A Designating Party may designate Document(s) as “Confidential” or “Confidential 12 – Attorneys’ Eyes Only” by affixing the appropriate Legend to all copies (in all formats) of the 13 Document(s) at the time of production. Except as provided in this Protective Order, the 14 Designating Party must make designations at the time of production or within fourteen (14) days 15 of the entry of this Protective Order, whichever is later. 16 “Confidential” – Any Designating Party may designate any Document(s) as 17 “Confidential” that the Designating Party reasonably and in good faith believes contains or refers 18 to information that is confidential to the Party and/or contains information, the unrestricted 19 disclosure of which, would be prejudicial to the business or operations of the Designating Party 20 or would breach any duty of confidentiality owed by the Designating Party, whether created by 21 law, agreement or understanding. 22 “Confidential – Attorneys’ Eyes Only” – Any Designating Party may designate any 23 Document(s) as “Confidential – Attorneys’ Eyes Only” that the Designating Party reasonably and 24 in good faith believes contains, constitutes, reveals, reflects, or refers to information that is 25 considered to be highly sensitive by the Designating Party, including but not limited to confidential 26 trade secret information or financial, proprietary, business, technical, personnel, or personal 27 information that, if disclosed, may cause significant harm to the Designating Party or a third party. 28 Any Document(s) bearing the Legend “Attorney Only” or “Counsel Only” or “Confidential – 3 112418061.1 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 4 of 15 1 Counsel Only” (or similar designations) will be treated in the same manner as Document(s) or 2 information designated as “Confidential – Attorneys’ Eyes Only” under this Protective Order. 3 c. A Party may designate as “Confidential” or “Confidential – Attorneys’ Eyes Only” 4 Document(s) produced by someone else by informing in writing all Parties of the control number 5 or range of the Document(s) within fourteen (14) days of that Party’s receipt of the Document(s) 6 or within fourteen (14) days of the entry of this Protective Order, whichever is later. 7 d. Manner of Designating Documents. i. 8 Paper Media. Paper documents produced by a Party or Non-Party may be 9 designated as Confidential Information by marking every page with one of the following Legends 10 (as appropriate): “CONFIDENTIAL” or “CONFIDENTIAL–ATTORNEYS’ EYES ONLY.” ii. 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 11 Non-Paper Media. Where Confidential Information is produced in a non- 12 paper media (e.g. native files, video tape, audio tape or other electronic media), the appropriate 13 confidentiality designation as described above should be placed on the physical media, if possible, 14 and its container, if any, so as to clearly give notice of the confidentiality designation. A Party 15 producing electronic documents containing Confidential Information in native format shall 16 concurrently provide a list of the native files being produced, which list shall indicate whether 17 each such native file has been designated “CONFIDENTIAL” or “CONFIDENTIAL– 18 ATTORNEYS’ EYES ONLY.” To the extent that any Receiving Party prints any native file 19 containing Confidential Information, such printouts will be marked as described above by the 20 Receiving Party. iii. 21 Physical Exhibits. The confidentiality status of a physical exhibit shall be 22 indicated by conspicuously marking the physical exhibit with the appropriate confidentiality 23 designation as described above. iv. 24 Original Files. In the case of original files and records produced for 25 inspection, no marking need be made by the Designating Party in advance of inspection. For the 26 purposes of inspection, all documents produced shall be considered as marked 27 “CONFIDENTIAL–ATTORNEYS’ EYES ONLY.” Thereafter, upon selection of specified 28 documents for copying by the inspecting Party, the Designating Party shall, at the time the copies 4 112418061.1 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 5 of 15 1 are produced to the Inspecting Party, mark as “CONFIDENTIAL” OR “CONFIDENTIAL– 2 ATTORNEYS’ EYES ONLY” the copies of such documents that contain Confidential 3 Information. v. 4 Written Discovery Responses. In the case of Confidential Information 5 incorporated into answers to interrogatories or requests for admission, an appropriate statement 6 noting that some responses submitted contain a confidentiality designation shall be placed on the 7 first page of the document. Further, prefacing each individual answer or response that contains 8 Confidential Information, the Designating Party shall insert their designation. vi. 9 Depositions. Information disclosed at the deposition of a Party or of one of 10 its current or former officers, directors, employees, agents, contractors or independent experts 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 11 retained by a Party for purposes of this litigation may be designated by the Party as Confidential 12 Information. The Court Reporter shall designate the transcript or any part thereof 13 “CONFIDENTIAL” OR “CONFIDENTIAL–ATTORNEYS’ EYES ONLY.” If only parts of the 14 transcript are designated as Confidential Information, those portions of the transcript shall be 15 separately bound and bear the appropriate designation, along with any corresponding exhibits 16 designated “CONFIDENTIAL” OR “CONFIDENTIAL–ATTORNEYS’ EYES ONLY.” 17 e. Any Party may designate a deposition or hearing transcript (or any portion of these 18 transcripts or their exhibits) as “Confidential” or “Confidential – Attorneys’ Eyes Only” by: 19 (i) making the designation on the record during the deposition or hearing (in which case the 20 stenographer will affix the appropriate Legend to the cover page and all designated pages of the 21 transcript and any copies); or (ii) informing counsel for all other Parties of the designation in 22 writing within fourteen (14) days after receipt of the transcript (in which case any Party in 23 possession of an original or copy of the transcript must affix the appropriate Legend to the cover 24 page and all designated pages and exhibits). During this fourteen (14) day period, any Party in 25 possession of a deposition transcript must treat the transcript as if designated “Confidential – 26 Attorneys’ Eyes Only,” except that it may be reviewed during those 14 days by the person who 27 was deposed. 28 f. A Designating Party will have the right to exclude from attendance at a deposition, 5 112418061.1 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 6 of 15 1 during any time when “Confidential – Attorneys’ Eyes Only” information is going to be or may 2 be disclosed, any person other than the deponent, Outside Counsel of record in this Action 3 (including their staff), in-house counsel of a Party (including their staff), independent experts and 4 consultants retained for this Action that have executed Exhibit A to this Protective Order, the court 5 reporter and videographer (if any). 6 7 3. a. PROVISIONS AND LIMITATIONS OF USE All Confidential Documents and Confidential Information in this Action must be 8 used by the Receiving Party solely for purposes of the prosecution, defense or settlement of this 9 Action, including, without limitation, discovery, motions, briefs and preparation for the trial, and 10 for no other purpose, except as otherwise stated in this Protective Order. This Protective Order 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 11 does not necessarily permit the use of Confidential Documents or Confidential Information at trial. 12 At the time of preparing a joint exhibit list, the Parties will fashion an order governing the use of 13 Confidential Documents and Confidential Information at trial, and, if necessary, will bring any 14 disputes to the Court for resolution. The Parties agree that any disclosure, prior to entry of this 15 Order, of documents or information which any Party considers or may consider to be Confidential 16 Documents or Confidential Information shall not be considered a violation of this Order. 17 b. “Confidential” – Documents or information designated “Confidential” may be 18 viewed only by: (i) Outside Counsel of record in this Action for the Receiving Party; 19 (ii) independent experts and consultants retained for this Action provided they have read this 20 Protective Order and executed Exhibit A to this Protective Order prior to viewing; (iii) general or 21 in-house counsel for a Receiving Party and its staff working on this litigation; (iv) court reporters 22 and videographers; (v) the Court and its officers; (vi) the individually named Parties including 23 personnel of the named Parties with whom Outside Counsel of record in this Action for the named 24 Parties find it necessary to consult, at the discretion of Outside Counsel, in preparation for trial of 25 the Action; (vii) with advance written consent from the Designating Party’s counsel, independent 26 non-party witnesses who do not have a business or employment affiliation with the Receiving 27 Party, provided that each independent non-party witness executes Exhibit A to this Protective 28 Order before viewing the “Confidential” documents or information; and (viii) any other person or 6 112418061.1 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 7 of 15 1 witnesses whom the Parties agree in writing prior to any disclosure that disclosure is appropriate 2 and who execute Exhibit A to the Protective Order before viewing the “Confidential” documents 3 or information. The recipients of all Confidential Information shall use such Information only for 4 the purpose of this litigation, and shall not directly or indirectly use such information for any 5 business, financial, promotional or any other purpose. With respect to witnesses or any other 6 persons, the Parties agree that they will reasonably and in good faith confer regarding the need for 7 and appropriateness of the disclosure. 8 c. “Confidential - Attorneys’ Eyes Only” – Documents or information designated 9 “Confidential - Attorneys’ Eyes Only” and all information derived therefrom may be viewed only 10 by: (i) Outside Counsel of record in this Action for the Receiving Party; (ii) general or in-house 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 11 counsel for a Receiving Party and its staff working on this litigation; (iii) independent experts and 12 consultants retained for this Action provided they have read this Protective Order and executed 13 Exhibit A to this Protective Order prior to viewing the “Confidential – Attorneys’ Eyes Only” 14 documents or information; (iv) court reporters and videographers for either depositions or court 15 hearings; (v) the Court and its officers; and (vi) any other person or witnesses whom the Parties 16 agree in writing prior to any disclosure that disclosure is appropriate and who execute Exhibit A 17 to this Protective Order prior to viewing the “Confidential – Attorneys’ Eyes Only” Document(s) 18 or Confidential Information. Such information shall be used only for the purposes of this litigation, 19 and shall not directly or indirectly be used for any business, financial, promotional or any other 20 purpose. With respect to witnesses or any other persons, the Parties agree that they will reasonably 21 and in good faith confer regarding the need for and appropriateness of the disclosure. 22 d. Other Authorized Persons – Any person indicated on the face of a Confidential 23 Document to be one of its originators, authors or recipients may be shown the Confidential 24 Document. 25 e. 26 No Party shall be bound by this Order as to any information: No Applicability to Independently Obtained or Public Information. 27 i. That is lawfully obtained independently of this litigation; or 28 ii. That is generally known to the public, provided that such information was 7 112418061.1 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 8 of 15 1 not obtained or made public in violation of this or any other obligation of confidentiality. 2 4. COPIES 3 a. All copies of any Confidential Documents and copies of any documents containing 4 Confidential Information also constitute, and must be treated as, Confidential Documents as 5 provided in this Protective Order. Any person making, or causing to be made, copies of any 6 Confidential Documents or documents containing Confidential Information, must make certain 7 that each copy bears the appropriate Legend pursuant to the requirements of this Protective Order. 8 9 5. AGREEMENT TO MAINTAIN CONFIDENTIALITY Unless and until otherwise ordered by the Court or otherwise agreed by the Parties, all 10 documents designated as “Confidential” or “Confidential – Attorneys’ Eyes Only” must be treated 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 11 accordingly under this Protective Order. 12 13 6. OBJECTIONS TO DESIGNATION Following the receipt of documents marked “Confidential” or “Confidential – Attorneys’ 14 Eyes Only,” any Party to the Action may object to the designation of the document and seek a 15 modification of the designation. The Party objecting to the designation must notify, in writing, 16 counsel for the Designating Party of the objected-to materials and the grounds for the objection. 17 Before the filing of any request for relief with the Court concerning the objection(s) set forth in 18 the written notice, the Parties must first attempt to resolve the dispute over the designation through 19 good faith negotiations. If the dispute cannot be resolved, the Receiving Party may bring a motion 20 with the Court to have the material in dispute designated or de-designated in accordance with the 21 objection set forth in the Receiving Party’s notification letter. The motion also must comply with 22 the applicable sections and rules of the Federal Rules of Civil Procedure, Federal Rules of 23 Evidence, and Local Rules, and comply with any applicable Court orders, including scheduling 24 orders reflecting discovery and motion cut-off dates. If a motion is timely filed by the Receiving 25 Party as set forth herein, then the documents that are subject of the Parties’ dispute will continue 26 to be treated in accordance with their designation (either “Confidential” or “Confidential – 27 Attorneys’ Eyes Only”) while the motion is pending. The fact that a Party fails to object to the 28 designation of any document or other information under this Protective Order: (i) is not an 8 112418061.1 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 9 of 15 1 admission that the document or other information is in fact confidential; (ii) is not admissible into 2 evidence; and/or (iii) will not be the basis for cross-examination or impeachment at any hearing 3 or trial. 4 5 7. a. FILING CONFIDENTIAL MATERIAL Filing Documents with the Court. Unless otherwise permitted by statute, rule or 6 prior court order, papers filed with the Court under seal shall be accompanied by a 7 contemporaneous motion for leave to file those documents under seal, and shall be filed consistent 8 with the court’s electronic filing procedures in accordance with Local Rule 10-5(b). 9 Notwithstanding any agreement among the parties, the party seeking to file a paper under seal 10 bears the burden of overcoming the presumption in favor of public access to papers filed in court. 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 11 Motions to seal shall comply with LR IA 10-5 and the requirements of Kamakana v. City and 12 County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). See also, Center for Auto Safety v. Chrysler 13 Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016). Notwithstanding the foregoing, a party seeking 14 a designation of “Confidential” or “Confidential-Attorneys Eyes Only” retains the obligation to 15 defend such designation. 16 b. Use in Court Proceedings. At trial or upon any motions or other proceedings, 17 subject to the Federal Rules of Evidence or Order of the Court, a Party may use any Confidential 18 Information for any purpose, including introduction into evidence, provided that adequate notice 19 of such use is provided to each Party to obtain appropriate relief, if desired, from the Court. 20 c. No Effect on Party’s Own Use. Nothing contained in this Order shall affect the 21 right of a Party to disclose to its officers, directors, employees, partners or consultants or to use as 22 it desires any Confidential Information designated and produced by it as “CONFIDENTIAL” OR 23 “CONFIDENTIAL–ATTORNEYS’ EYES ONLY.” 24 25 8. NOTIFICATION OF DISCLOSURE The Parties, counsel, and each person receiving Confidential Documents or Confidential 26 Information, must take reasonable precautions to prevent the unauthorized or inadvertent 27 disclosure of such information. If any Confidential Document or Confidential Information is 28 disclosed to any person other than a person authorized by this Protective Order, the Party 9 112418061.1 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 10 of 15 1 responsible for the unauthorized disclosure must immediately bring all pertinent facts relating to 2 the unauthorized disclosure to the attention of the other Parties and, without prejudice to any rights 3 and remedies of the other Parties, make every effort to prevent further disclosure by the Party and 4 by the person(s) who received the unauthorized disclosure. 5 9. INADVERTENT PRODUCTION OF CONFIDENTIAL DOCUMENTS OR INFORMATION 6 7 If a Party, through inadvertence, produces any Confidential Document or Confidential 8 Information without labeling or marking or otherwise designating it in accordance with this 9 Protective Order, the Designating Party shall promptly upon discovery of such disclosure give 10 written notice to the Receiving Party that the document or thing produced is a Confidential 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 11 Document or Confidential Information, and that the document or thing produced should be treated 12 in accordance with that designation under this Protective Order. The Receiving Party must treat 13 the materials as designated under this Protective Order upon receipt of written notice from the 14 Designating Party. 15 If the Receiving Party disclosed the materials before receiving the notice from the 16 Designating Party, the Receiving Party must notify the Designating Party in writing of each 17 disclosure and must retrieve or return, as necessary to comply with the terms of this Protective 18 Order, all copies of the disclosed information and confirm in writing to the Designating Party that 19 it has done so. The inadvertent production or disclosure of any Confidential Document or 20 Confidential Information will not in itself constitute a waiver or impairment of any claim of 21 confidentiality, privilege or other protection from discovery. All Parties, however, reserve all 22 rights to challenge the confidential status of the inadvertent production or disclosure. 23 24 10. DESIGNATION REQUIRED No Party will be responsible to another Party for disclosure of a Confidential Document 25 or Confidential Information under this Protective Order, or otherwise be found in violation of this 26 Protective Order, if, at the time of the disclosure, the information in question was not labeled or 27 otherwise identified in accordance with this Protective Order. 28 / / / 10 112418061.1 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 11 of 15 1 2 11. EVIDENTIARY OBJECTIONS NOT WAIVED Notwithstanding anything to the contrary contained within this Protective Order, all 3 objections as to admissibility of any Confidential Document or Confidential Information are 4 reserved and are not waived by any terms of this Protective Order. 5 6 12. PRIVILEGE RETAINED Nothing in this Protective Order prejudices the right of any Party to object to the production 7 of any discovery material on the grounds that the material is protected as privileged or as attorney 8 work product. No provision of this Protective Order shall create a waiver of any inadvertent 9 production of any Document, Testimony, or Information protected by attorney-client or work 10 product privileges under the Federal Rules of Civil Procedure. Nothing in this Paragraph shall 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 11 prejudice the right of any Party to seek discovery of communications, documents and things as to 12 which a claim of privilege has been made. 13 14 13. RESERVATION OF RIGHTS AND OBJECTIONS The Parties reserve and retain all rights, privileges, and objections to the production of any 15 document or tangible thing as set forth under federal or state law and court authority interpreting 16 the applicable law. The Parties further expressly agree that execution of this Protective Order does 17 not waive any of their rights, privileges, and objections to the production of any document or 18 tangible thing under federal or state law and court authority interpreting the applicable law. 19 20 21 14. CONTINUATION OF PROTECTION AFTER DISPOSITION; RETURN OF CONFIDENTIAL INFORMATION The termination of proceedings in the Action will not relieve any Receiving Party from the 22 obligation of maintaining the confidentiality of all Confidential Documents and Confidential 23 Information produced and designated pursuant to this Protective Order, unless all of the Parties to 24 the Action agree otherwise or unless the Court rules otherwise. Upon the final disposition of the 25 Action including any appeals, the Parties will, upon request of the Designating Party, return any 26 Confidential Documents and documents containing Confidential Information (including, in each 27 case, all copies and summaries) to the Designating Party from whom/which Confidential 28 Documents or documents containing Confidential Information were obtained, or may provide to 11 112418061.1 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 12 of 15 1 counsel for the Designating Party certification in writing that all Confidential Documents and 2 documents containing Confidential Information have been destroyed and that this information has 3 been purged from all machine-readable media on which it resides. However, the Parties will be 4 entitled to keep any court filings, attorney work product, deposition transcripts or hearing 5 transcripts, all of which will continue to be governed by this Protective Order. The Court retains 6 and will have continuing jurisdiction over the Parties and recipients of Confidential Documents or 7 Confidential Information for enforcement of this Protective Order following termination of this 8 Action. 15. 9 PROTECTIVE ORDER 10 This Protective Order will be without prejudice to the right of the Parties to the Action to 11 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 SEPARATE PROTECTIVE ORDER OR MODIFICATION OF THIS 12 present a motion to the Court for a separate protective order as to any particular document or 13 information, including restrictions differing from those specified in this Protective Order. In 14 addition, this Protective Order will not be deemed to prejudice the Parties in any way in any future 15 application for modification of this Protective Order. This Protective Order may be modified by 16 written agreement of the Parties subject to Court approval. The Court may modify this Protective 17 Order’s terms and conditions for good cause, in the interest of justice or at any time in these 18 proceedings. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 12 112418061.1 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 13 of 15 1 2 16. NOTIFICATION BY FACSIMILE/EMAIL Transmission by facsimile or email is acceptable for the specific notices identified in this 3 Protective Order. 4 IT IS SO AGREED AND STIPULATED. 5 Dated this 29th day of September, 2020. 6 7 8 9 10 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 11 12 13 14 15 16 17 LEWIS ROCA ROTHGERBER CHRISTIE LLP LAW OFFICE OF RICHARD R. RICE By: /s/ Meng Zhong Meng Zhong (NV Bar #12145) Brian D. Blakley (NV Bar #10374) 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 Tel: 702-949-8200 E-mail: mzhong@lrrc.com E-mail: bblakley@lrrc.com By: /s/ Richard R. Rice Richard R. Rice 1084 North El Camino Real, Suite B121 Encinitas, CA 92024-1334 Tel: 760.943.0100 Fax: 760.943.0942 E-mail: rrrice@rrrlaw.net Jeffrey A. Feasby PEREZ VAUGHN & FEASBY, INC. 600 B Street, Suite 2100 San Diego, CA 92101 Tel: 619.741.0242 Fax: 619.460.0437 E-mail: feasby@pvflaw.com Kelly H. Dove (NV Bar #10569) SNELL & WILMER LLP 3993 Howard Hughes Pkwy, Suite 1100 Las Vegas, NV 89169-5996 Tel: 702.784.5200 Fax: 702.784.5252 Email: kdove@swlaw.com Attorneys for Plaintiff JoshCo Tech, LLC Attorneys for Defendants Eagle Rising Veteran Consulting, LLC and Dwayne Moorehouse 18 19 20 21 ORDER Having reviewed the foregoing Stipulated Protective Order, the Stipulation is approved. 22 23 By: UNITEDSTATES STATES MAGISTRATE DISTRICT COURT JUDGE UNITED JUDGE September 30, 2020 DATED: 24 25 26 27 28 13 112418061.1 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 14 of 15 1 EXHIBIT A 2 AGREEMENT TO BE BOUND BY PROTECTIVE ORDER 3 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 4 I, ______________________________________ [NAME PRINTED], hereby declare and say as follows: 5 1. My present address is: . 6 2. My present occupation or job description is: . 7 3. My present employer is: 8 4. I have received a copy of the Protective Order (the “Protective Order”) issued in . 9 JoshCo Tech, LLC v. Eagle Rising Veteran Consulting, LLC et al., Case No. 2:20-cv-00451- 10 RFB-DJA, now pending in the United States District Court for the District of Nevada. I have 11 carefully read and understand the provision of the Order. 12 5. I will comply with all of the provisions of the Order. I will hold in confidence, 13 will not disclose to anyone other than those persons specifically authorized by the Order, and 14 will not copy or use any Confidential Documents or Confidential Information that I receive in 15 this Action (except for the purposes of this Action). 16 6. No later than the final conclusion of this litigation, I will return all Confidential 17 Documents and/or Confidential Information which has come into my possession, and 18 documents or things which I have read or prepared relating thereto, to counsel of record in this 19 matter for whom I was employed, retained, or otherwise related to in any fashion. 20 7. I acknowledge that, by signing this agreement, I am subjecting myself to the 21 jurisdiction of the United States District Court of the District of Nevada with respect to 22 enforcement of the Protective Order. 23 8. I understand that any disclosure or use of Confidential Documents or Confidential 24 Information, in any manner contrary to the provisions of the Protective Order, may subject me 25 to sanctions, including, but not limited to, Contempt of Court. 26 27 28 EXECUTED this _____ day of ________________, 2020, in the County of _______, State of __________________________. I declare under penalty of perjury under the laws of the United States of America and the 14 112418061.1 Case 2:20-cv-00451-RFB-DJA Document 27 Filed 09/29/20 Page 15 of 15 1 State of Nevada that the foregoing is true and correct. 2 3 Dated: _____________________ 4 By: SIGNATURE OF DECLARANT Print Name: 5 6 7 8 9 10 3993 Howard Hughes Pkwy, Suite 600 Las Vegas, NV 89169-5996 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15 112418061.1
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