Lilly v. Cheyenne Medical LLC, No. 2:2020cv01051 - Document 17 (D. Nev. 2020)
Court Description: ORDER Granting 16 Stipulated Protective Order. Signed by Magistrate Judge Brenda Weksler on 10/20/2020. (Copies have been distributed pursuant to the NEF - JQC)
Download PDF
<![CDATA[
Lilly v. Cheyenne Medical LLC Doc. 17 Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 1 of 19 1 2 3 4 5 6 7 8 9 11 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 PUOY K. PREMSRIRUT, ESQ., INC. 10 12 PUOY K. PREMSRIRUT, ESQ. Nevada Bar No. 7141 PUOY K. PREMSRIRUT, ESQ., INC. 520 S. Fourth Street, Second Floor Las Vegas, NV 89101 Telephone: 702.384.5563 Facsimile: 702.385.6965 Email: puoy@brownlawlv.com NICOLE E. LOVELOCK, ESQ. Nevada State Bar No. 11187 MARTA D. KURSHUMOVA, ESQ. Nevada State Bar No. 14728 JONES LOVELOCK 6675 S. Tenaya Way, Suite 200 Las Vegas, Nevada 89113 Telephone: (702) 805-8450 Facsimile: (702) 805-8451 Email: nlovelock@joneslovelock.com Email: mkurchumova@joneslovelock.com Attorneys for Defendant Cheyenne Medical, LLC d/b/a Thrive Cannabis Marketplace 13 14 15 UNITED STATES DISTRICT COURT 16 DISTRICT OF NEVADA 17 18 ANGELIA LILLY, Individually and on behalf of others similarly situated, Plaintiff, 19 v. 20 CHEYENNE MEDICAL LLC, d/b/a THRIVE CANNABIS MARKETPLACE, 21 CASE NO.: 2:20-cv-01051-APG-BNW STIPULATED PROTECTIVE ORDER Defendant. 22 23 Plaintiff and Defendant, by and through their respective counsel, hereby enter into this 24 Stipulated Confidentiality Agreement and Protective Order (the “Stipulated Protective Order”), as 25 follows: 26 27 28 1 Dockets.Justia.com Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 2 of 19 1 1. The Parties anticipate that they and certain non-parties may be required to produce 2 documents, information, or evidence that relates to non-public financial and personal information. 3 This Stipulated Protective Order is designed to protect such information from public disclosure. 4 5 6 2. In this Stipulated Protective Order, the words set forth below shall have the following meanings: a. 7 8 including Court staff participating in such proceedings. b. 9 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 PUOY K. PREMSRIRUT, ESQ., INC. “Confidential” means any documents, testimony, or information that a Designating Party believes in good faith contains or reveals nonpublic 10 11 “Court” means the judge to which the Proceeding may be assigned, personal information. c. “Confidential Materials” means any documents, testimony, or information, 12 designated as Confidential pursuant to the provisions of this Stipulated 13 Protective Order. 14 d. “Days” shall mean all calendar days, and not merely business days. 15 e. “Designating Party” means the Party or non-party that designates 16 17 documents, testimony, or information as Confidential. f. “Disclose” or “Disclosed” or “Disclosure” or “Disclosing” means to reveal, 18 divulge, give, or make available all or any part of documents, testimony, or 19 information. 20 g. “Highly Confidential Materials” means any documents, testimony, or 21 information which a Designating Party believes in good faith contains or 22 reveals highly confidential trade secrets, proprietary business information, 23 nonpublic personal, client, or customer information, or information that is 24 prohibited from disclosure to a third party by a confidentiality agreement 25 between a party and any third party. If a Designating Party reasonably 26 believes disclosure would create a substantial risk of serious financial or 27 other injury if disclosed to persons other than those permitted to receive 28 2 Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 3 of 19 1 Highly Confidential Materials pursuant to this Stipulated Protective Order, 2 the parties agree that such risk cannot be avoided by less restrictive means. 3 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 “Proceeding” means the above-captioned case no. 2:20-cv-00493-RFB- 4 DJA, currently pending in the United States District Court, District of 5 Nevada. 6 PUOY K. PREMSRIRUT, ESQ., INC. h. 3. Highly Confidential Materials or Confidential Materials or the substance or context 7 thereof, including any notes, memoranda, or other similar documents relating thereto or derived 8 therefrom, shall not be Disclosed or summarized in a fashion that discloses the substance of the 9 confidential information, either in writing or orally, by a receiving Party to anyone other than 10 persons permitted to have access to such information under this Stipulated Protective Order. 11 Nothing in this Stipulated Protective Order shall limit disclosure or use by a Designating Party of 12 its own Highly Confidential Materials or Confidential Materials. 13 4. Except as set forth explicitly herein, the entry of this Stipulated Protective Order 14 does not alter, waive, modify, or abridge any right, privilege, or protection otherwise available to 15 any Party or non-party with respect to the discovery of matters, including but not limited to any 16 Party’s or non-party’s right to assert the attorney-client privilege, the attorney work product 17 doctrine, or other privileges, or any Party’s right to contest any such assertion. 18 5. Any documents, testimony, or information to be designated as Highly Confidential 19 or Confidential must be clearly so designated before the document, testimony, or information is 20 Disclosed or produced. The Highly Confidential or Confidential designation should not obscure or 21 interfere with the legibility of the designated information. 22 a. For documents or TIFF images (apart from written discovery, transcripts of 23 depositions, or transcripts of other pretrial or trial proceedings), the 24 Designating Party must affix the legend Highly Confidential or Confidential 25 on each page of any document or TIFF image containing such designated 26 material. Notwithstanding the foregoing, Excel documents or any other type 27 of electronically stored information produced in native format (“Natively 28 3 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 PUOY K. PREMSRIRUT, ESQ., INC. Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 4 of 19 1 Produced ESI”) containing Highly Confidential or Confidential information 2 need not be produced using a means sufficient to ensure that every page of 3 such document, when printed, contains the appropriate mark or stamp. 4 Instead, the Designating Party shall use reasonable means to designate as 5 Highly Confidential or Confidential such Natively Produced ESl, including, 6 where applicable and/or practicable, by (i) producing a TIFF placeholder 7 image corresponding to the Natively Produced ESI that includes the Highly 8 Confidential or Confidential mark; (ii) including Highly Confidential or 9 Confidential in the file name of the Natively Produced ESI; or (iii) including 10 Highly Confidential or Confidential on the label of the media or in the 11 production letter for the Natively Produced ESI. 12 b. For written discovery in which Highly Confidential or Confidential 13 information is incorporated in answers to interrogatories, responses to 14 requests for admission, or other written discovery, the Designating Party 15 must affix the legend Highly Confidential or Confidential on the first page 16 of the written discovery and on each page containing answers or responses 17 that contain such designated material. 18 c. For testimony given in depositions, the Designating Party must make 19 reasonable efforts to designate as Highly Confidential or Confidential those 20 specific portions of a deposition transcript that contain such designated 21 material. The entire transcript of a deposition shall be treated as Highly 22 Confidential until seven (7) days after receipt of the deposition transcript by 23 counsel for the witness, after which time the information revealed during the 24 deposition shall cease to be treated as Highly Confidential unless, at the 25 deposition and on the record, or in writing before the seven (7) days have 26 expired, the witness, his or her current or former employer, or their counsel 27 designates those portions of the deposition transcript as either Highly 28 4 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 PUOY K. PREMSRIRUT, ESQ., INC. Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 5 of 19 1 Confidential or Confidential. With regard to designations made within 2 seven (7) days after receipt of the deposition transcript, counsel shall make 3 such designations by sending written notice to counsel for the Parties and to 4 any other person known to have a copy of said transcript identifying the 5 pages and lines so designated. All copies of transcripts designated in this 6 fashion shall be governed by the terms of this Stipulated Protective Order. 7 Notwithstanding the foregoing, in the event that (i) a document produced 8 and designated by a non-party as Highly Confidential or Confidential is used 9 as an exhibit in a deposition and (ii) counsel for the non-party is not present 10 at the deposition, the Parties agree that the exhibit remains designated either 11 Highly Confidential or Confidential and that any testimony concerning the 12 exhibit shall be deemed to have been designated in writing as Highly 13 Confidential or Confidential, as is required in this Paragraph. 14 d. For information produced in some form other than documents, and for any 15 other tangible items, the Designating Party must affix in a prominent place 16 on the exterior of the container or containers in which the information or 17 item is stored the legend Highly Confidential or Confidential. If only 18 portions of the information or item warrant protection, the Designating 19 Party, to the extent practicable, shall identify the Highly Confidential or 20 Confidential portions. 21 6. The inadvertent production by any of the undersigned Parties or any non-parties of 22 any document, testimony, or information during discovery in the Proceeding without a Highly 23 Confidential or Confidential designation shall be without prejudice to any claim that such item is 24 Highly Confidential or Confidential, and such Party or non-party shall not be held to have waived 25 any rights by such inadvertent production. 26 information that is subject to a Highly Confidential or Confidential designation is inadvertently 27 produced without such designation, the Party or non-party that inadvertently produced the In the event that any document, testimony, or 28 5 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 PUOY K. PREMSRIRUT, ESQ., INC. Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 6 of 19 1 document shall promptly give written notice of such inadvertent production, identify (by 2 production number) the affected material, and provide a new copy of the subject document, 3 testimony, or information designated as Highly Confidential or Confidential (the “Inadvertent 4 Production Notice”). Upon receipt of such Inadvertent Production Notice, the Party that received 5 the inadvertently produced document, testimony, or information shall promptly make reasonable 6 efforts to destroy the inadvertently produced document, testimony, or information and all copies 7 thereof, and shall notify the producing Party or non-party in writing of such destruction within 8 fourteen (14) days of receipt of the Inadvertent Production Notice. Notwithstanding the foregoing, 9 if the receiving Party disclosed such document, testimony, or information to persons not authorized 10 to receive that information before receipt of the Highly Confidential or Confidential designation, 11 such Disclosure shall not be deemed a violation of this Stipulated Protective Order. In the event 12 the receiving Party receives an Inadvertent Production Notice, the receiving Party shall either make 13 reasonable efforts to promptly retrieve the document, testimony, or information or shall promptly 14 notify the Designating Party of the distribution and the identity of the person who received the 15 Information. Any Party may object to the Highly Confidential or Confidential designation of 16 documents, testimony, or information pursuant to the procedures set forth in Paragraph 7 of this 17 Stipulated Protective Order. This provision is not intended to apply to any inadvertent production 18 of any document, testimony, or information protected by attorney-client or work product privileges. 19 7. In the event that counsel for a Party receiving documents, testimony, or information 20 in discovery designated as Highly Confidential or Confidential objects to such designation with 21 respect to any or all of such items, said counsel shall advise counsel for the Designating Party, in 22 writing, of such objections, setting forth the specific documents, testimony, or information to which 23 each objection pertains and the specific reasons and support for such objections (the “Designation 24 Objections”). Counsel for the Designating Party shall have fourteen (14) calendar days after 25 service of the written Designation Objections to meet and confer with the objecting Party in an 26 attempt to resolve the Designation Objections. If the parties are not able to resolve the dispute 27 during the meet-and-confer process, the Designating Party may then, after advising the Objecting 28 6 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 PUOY K. PREMSRIRUT, ESQ., INC. Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 7 of 19 1 Party, file a motion with the Court seeking to preserve any or all designations on documents, 2 testimony, or information addressed by the Designation Objections (the “Designation Motion”). 3 Pending a resolution of the Designation Motion by the Court, any and all existing designations on 4 the documents, testimony, or information at issue in such Designation Motion shall remain in place. 5 The Designating Party shall have the burden on any Designation Motion of establishing the 6 applicability of its Highly Confidential or Confidential designation. 7 Designating Party does not timely respond to the Designation Objections, then such documents, 8 testimony, or information shall be de-designated in accordance with the Designation Objections 9 applicable to such material. The failure of a receiving Party expressly to challenge the designation 10 of any documents, testimony, or information as Highly Confidential or Confidential at the time of 11 Disclosure shall not constitute a waiver of the right to challenge the designation at any subsequent 12 time. 13 14 8. In the event that the Access to and/or Disclosure of Confidential Materials shall be permitted only to the following persons or entities: 15 a. the Court; 16 b. the Parties; 17 c. (i) attorneys of record in the Proceeding and attorneys at the same firm(s) as 18 the attorneys of record, along with their paralegal, clerical, secretarial, and 19 other support staff; and (ii) in-house counsel to the undersigned Parties and 20 their paralegal, clerical, secretarial, and other support staff; provided, 21 however, that each non-lawyer given access to Confidential Materials shall 22 be advised that such materials are being Disclosed pursuant to, and are 23 subject to, the terms of this Stipulated Protective Order and that they may 24 not be Disclosed other than pursuant to its terms; 25 d. those current officers, directors, partners, members, employees, advisors, 26 attorneys, and agents of a non-designating Party that the attorneys of record 27 for such Party deem necessary to aid in the prosecution or defense of the 28 7 Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 8 of 19 1 Proceeding; provided, however, that each such current officer, director, 2 partner, member, employee, advisor, attorney or agent given access to 3 Confidential Materials shall be advised that such materials are being 4 Disclosed pursuant to, and are subject to, the terms of this Stipulated 5 Protective Order and that they may not be Disclosed other than pursuant to 6 its terms; 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 PUOY K. PREMSRIRUT, ESQ., INC. 7 e. those former officers, directors, partners, members, employees, advisors, 8 attorneys and agents of a non-designating Parties that the attorneys of record 9 for such Party deem necessary to aid in the prosecution or defense of the 10 Proceeding; provided, however, that prior to the Disclosure of Confidential 11 Materials to any such former officer, director, partner, member, employee, 12 advisor, or agent, counsel for the Party making the Disclosure shall deliver 13 a copy of this Stipulated Protective Order to such person, shall explain that 14 such person is bound to follow the terms of such Order, and shall secure the 15 signature of such person on a statement in the form attached hereto as 16 Exhibit A; 17 f. 18 19 court reporters in the Proceeding (whether at depositions, hearings, or any other proceeding) and deposition videographers in the Proceeding; g. any mediator or other facilitator of alternative dispute resolution engaged by 20 the Parties in the Proceeding; provided, however, that each such mediator or 21 other facilitator given access to Confidential Materials shall be advised that 22 such materials are being Disclosed pursuant to, and are subject to, the terms 23 of this Stipulated Protective Order and that they may not be Disclosed other 24 than pursuant to its terms; 25 h. any deposition, trial, or hearing witness in the Proceeding (however, should 26 the designating party require, it may request for such witness to execute the 27 Exhibit A); 28 8 Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 9 of 19 1 i. 2 did not have access to the Confidential Materials; provided, however, that 3 each such witness given access to Confidential Materials shall be advised 4 that such materials are being Disclosed pursuant to, and are subject to, the 5 terms of this Stipulated Protective Order and that they may not be Disclosed 6 other than pursuant to its terms; 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 7 PUOY K. PREMSRIRUT, ESQ., INC. any deposition, trial, or hearing witness in the Proceeding who previously j. mock jury participants (including facilitators of the mock jury exercise), 8 provided, however, that prior to the Disclosure of Confidential Materials to 9 any such mock jury participant, counsel for the Party making the Disclosure 10 shall deliver a copy of this Stipulated Protective Order to such person, shall 11 explain that such person is bound to follow the terms of such Order, and 12 shall secure the signature of such person on a statement in the form attached 13 hereto as Exhibit A. 14 k. outside experts or expert consultants consulted by the undersigned Parties or 15 their counsel in connection with the Proceeding, whether or not retained to 16 testify at any deposition, trial, or hearing; provided, however, that prior to 17 the Disclosure of Confidential Materials to any such expert or expert 18 consultant, counsel for the Party making the Disclosure shall deliver a copy 19 of this Stipulated Protective Order to such person, and shall secure the 20 signature of such person on a statement in the form attached hereto as 21 Exhibit A; and 22 l. 23 any other person or entity that the Designating Party agrees to in writing or on the record at a deposition or hearing. 24 / / / 25 / / / 26 27 28 9 Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 10 of 19 1 2 9. only to the following persons or entities: 3 a. the Court; 4 b. attorneys of record in the Proceeding and attorneys at the same firm(s) as the 5 attorneys of record, along with their paralegal, clerical, secretarial, and other 6 support staff; 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 7 PUOY K. PREMSRIRUT, ESQ., INC. Access to and/or Disclosure of Highly Confidential Materials shall be permitted c. experts or consultants (together with their clerical staff), however the experts 8 or consultants relying on or incorporating Highly Confidential Materials in 9 their reports, the reports shall be marked Highly Confidential, and such 10 experts and consultants shall be consulted by counsel in connection with the 11 Proceeding, whether or not retained to testify at any deposition, trial, or 12 hearing; provided, however, that prior to the Disclosure of Highly 13 Confidential Materials to any such expert or consultant, counsel for the Party 14 making the Disclosure shall deliver a copy of this Stipulated Protective 15 Order to such person, shall explain its terms to such person, and shall secure 16 the signature of such person on a statement in the form attached hereto as 17 Exhibit A; 18 d. For avoidance of doubt, the Parties understand that Highly Confidential 19 Materials shall not be used for business advantage or competitive purposes, 20 nor distributed to any other person or entity other than described in 21 Paragraph 9 (a)-(c). 22 10. To the extent counsel for a Party obtains signed agreements in the form attached 23 hereto as Exhibit A in accordance with Paragraphs 8 or 9 above, counsel shall retain the signed 24 agreements for six months following the final termination of the Proceeding, including any appeals, 25 and shall make them available to other Parties upon good cause shown. 26 / / / 27 28 10 Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 11 of 19 1 and/or Disclosure of Highly Confidential or Confidential Materials. A person with custody of 3 documents designated as Highly Confidential or Confidential shall maintain them in a manner that 4 limits access to those persons entitled under this Stipulated Protective Order to examine the 5 documents so designated. 12. If counsel for a Party learns of any breach of this Stipulated Protective Order by any 7 person to whom the Party Disclosed Highly Confidential or Confidential information pursuant to 8 the terms of this Stipulated Protective Order, the Party shall promptly notify counsel for the 9 Designating Party of such breach. 10 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 Each receiving Party shall use due care with respect to the storage, custody, use, 2 6 PUOY K. PREMSRIRUT, ESQ., INC. 11. 13. Highly Confidential or Confidential Materials shall be used by the persons or 11 entities receiving them only for the purposes of preparing for, conducting, participating in the 12 conduct of, prosecuting and/or defending, appealing, and/or attempting to settle the Proceeding, 13 and not for any business or other purpose whatsoever. 14 14. Any Party to the Proceeding (or other person subject to the terms of this Stipulated 15 Protective Order) may ask the Court, after appropriate notice to the other Parties to the Proceeding, 16 to modify or grant relief from any provision of this Stipulated Protective Order. 17 18 19 15. Entering into, agreeing to, and/or complying with the terms of this Stipulated Protective Order shall not: a. operate as an admission by any person that any particular document, 20 testimony, or information marked Highly Confidential or Confidential 21 contains or reflects trade secrets, proprietary, confidential or competitively 22 sensitive business, commercial, financial or personal information; or 23 24 25 b. prejudice in any way the right of any Party (or any other person subject to the terms of this Stipulated Protective Order) to seek: i. a determination by the Court of whether any particular Highly 26 Confidential or Confidential Materials should be subject to 27 protection under the terms of this Stipulated Protective Order; or 28 11 Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 12 of 19 1 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 relief from the Court on appropriate notice to all other Parties to the 2 Proceeding from any provision(s) of this Stipulated Protective Order, 3 either generally or as to any particular document, material, or 4 information. 5 PUOY K. PREMSRIRUT, ESQ., INC. ii. 16. As set forth above, any documents, testimony, or information produced by a non- 6 party witness in discovery in the Proceeding pursuant to subpoena or otherwise may be designated 7 by such non-party as Highly Confidential or Confidential under the terms of this Stipulated 8 Protective Order, and any such designation by a non-party shall have the same force and effect, 9 and create the same duties and obligations, as if made by one of the undersigned Parties hereto. 10 Documents produced by a non-party witness in discovery may also be designated by a Party as 11 Confidential if the information produced pertains to the Designating Party’s Highly Confidential 12 or Confidential Materials. 13 Confidential Materials, any documents produced by a non-party shall be treated by the Parties as 14 Highly Confidential for a period of seven (7) days from production so that the Parties can review 15 and make Highly Confidential or Confidential designations, if any. 16 17. To avoid inadvertent disclosure of such Highly Confidential or If any person subject to this Stipulated Protective Order who has custody of any 17 Highly Confidential or Confidential Materials receives a subpoena or other process (“Subpoena”) 18 from any government or other person or entity demanding production of such materials, the 19 recipient of the Subpoena shall promptly give notice of the same by email transmission and shall 20 furnish such counsel with a copy of the Subpoena. Upon receipt of this notice, the Designating 21 Party may, in its sole discretion and at its own cost, move to quash or limit the Subpoena, otherwise 22 oppose production of the Highly Confidential or Confidential Materials, and/or seek to obtain 23 confidential treatment of such materials from the subpoenaing person or entity to the fullest extent 24 available under law. The recipient of the Subpoena may not produce any Highly Confidential or 25 Confidential Materials unless and until a court of competent jurisdiction so directs, except if the 26 Designating Party: (a) consents, or (b) fails to file a motion to quash or fails to notify the recipient 27 of the Subpoena in writing of its intention to contest the production of the Highly Confidential or 28 12 Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 13 of 19 1 Confidential Materials prior to the date specified for production on the Subpoena, in which event 2 the recipient of the Subpoena may produce on the designated production date, but no earlier. The 3 recipient of the Subpoena shall be entitled to comply with it except to the extent the Designating 4 Party asserting the confidential treatment is successful in obtaining an order or agreement 5 modifying or quashing it. 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 PUOY K. PREMSRIRUT, ESQ., INC. 6 18. If, after execution of this Stipulated Protective Order, any Highly Confidential or 7 Confidential Materials submitted by a Designating Party under the terms of this Stipulated 8 Protective Order are Disclosed by a non-Designating Party to any person other than in the manner 9 authorized by this Stipulated Protective Order, the non-Designating Party responsible for the 10 Disclosure shall bring all pertinent facts relating to the Disclosure of such Highly Confidential or 11 Confidential Materials to the immediate attention of the Designating Party. 12 19. The restrictions and obligations set forth in this Stipulated Protective Order relating 13 to information designated Highly Confidential or Confidential shall not apply to any information 14 that (a) the Designating Party agrees, or the Court rules, is already public knowledge; or (b) the 15 Designating Party agrees, or the Court rules, has become public knowledge other than as a result 16 of Disclosure by a receiving Party in violation of this Stipulated Protective Order. This Stipulated 17 Protective Order is entered into without prejudice to the right of any Party to knowingly waive the 18 applicability of this Stipulated Protective Order to any Highly Confidential or Confidential 19 Materials designated by that Party. 20 Confidential Materials in a non-Confidential manner, then the Designating Party shall advise that 21 the designation no longer applies. 22 20. If the Designating Party uses Highly Confidential or Where any Highly Confidential or Confidential Materials, or information derived 23 therefrom, is to be included in any motion or other submission to the Court, the Party making the 24 motion or other submission (the “Moving Party”) shall comply with the United States District 25 Court, District of Nevada’s Local Rule LR IA 10-5 for filing documents under seal. 26 / / / 27 28 13 Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 14 of 19 1 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 Where use of designated Highly Confidential or Confidential Materials at trial can 2 be anticipated, the party intending to make use of such information at trial shall meet and confer 3 prior to or as part of preparing the pre-trial memorandum, of its intent to use the specified Highly 4 Confidential or Confidential Material at trial. If the issue of the designation and use of the 5 designated information at trial is not resolved through good faith consultation, the party designating 6 the material as Highly Confidential or Confidential Material shall, within fourteen (14) days of the 7 parties’ pre-trial conference or at the time of filing the pre-trial memorandum, whichever may be 8 earlier, file and serve a noticed motion to resolve the dispute over the designation of the Highly 9 Confidential or Confidential Materials and preclusion or restriction of its use at trial. 10 PUOY K. PREMSRIRUT, ESQ., INC. 21. 22. Nothing in this Stipulated Protective Order shall affect the admissibility into 11 evidence of Highly Confidential or Confidential Materials or abridge the rights of any person to 12 seek judicial review or to pursue other appropriate judicial action with respect to any ruling made 13 by the Court concerning the issue of the status of any Highly Confidential or Confidential Materials. 14 23. The inadvertent Disclosure in the Proceeding of documents, testimony, or 15 information that the Disclosing Party or non-party believes is protected by the attorney-client 16 privilege, the work product doctrine, or any other privilege or immunity from discovery shall not 17 constitute a waiver with respect to such privilege or immunity. In the event of an inadvertent 18 Disclosure of allegedly privileged information, the Disclosing Party or non-party may provide 19 notice in writing to the receiving Party or Parties advising of the inadvertent disclosure, requesting 20 return of the allegedly privileged information, and asserting the basis of the clawback request. Upon 21 such notice, the receiving Party or Parties shall make no further use of the allegedly privileged 22 information, shall immediately segregate the information in a manner that will prevent any further 23 Disclosure or dissemination, and shall take reasonable steps to retrieve the information to the extent 24 it was Disclosed or disseminated prior to receipt of the notice. Within fourteen (14) days of 25 receiving the notice of inadvertent Disclosure, the receiving Party shall return all allegedly 26 privileged information in its possession, custody, or control, or shall provide written confirmation 27 that such information has been deleted and shall not use the knowledge gleaned or obtained from 28 14 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 PUOY K. PREMSRIRUT, ESQ., INC. Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 15 of 19 1 the inadvertent Disclosure for any purpose, including compelling disclosure of the information. 2 Within twenty-one (21) days of providing the notice of inadvertent Disclosure, or as otherwise 3 agreed, the Disclosing Party or non-party shall provide the receiving Party or Parties with a 4 privilege log identifying the allegedly privileged information that was inadvertently Disclosed and 5 the asserted grounds for privilege. Privileged information that relates to the Proceeding and was 6 created on or after the commencement of the action, need not be identified on any privilege log. 7 The return of any discovery material to the Disclosing Party or non-party shall not in any way 8 preclude the receiving Party from moving the Court for a ruling that the Disclosed information was 9 never privileged or otherwise immune from discovery. In the event there is a dispute over whether 10 the Information at issue is protected from Disclosure by virtue of a privilege or immunity from 11 discovery, counsel shall undertake reasonable, good-faith efforts to resolve the issue without Court 12 intervention. To the extent counsel cannot resolve the issue, any receiving Party may bring a 13 motion to compel production of the allegedly privileged information, and the Party or non-party 14 asserting the privilege shall bear the burden of persuasion with respect to the applicability of the 15 privilege. Allegedly privileged information shall remain protected against Disclosure and use 16 during the pendency of any dispute over its status. This agreement shall not alter any Parties’ duties 17 or obligations under Nevada Rule of Professional Conduct 4.4. 18 24. This Stipulated Protective Order shall continue to be binding after the conclusion of 19 the Proceeding and all appeals of the Proceeding, except that a Party may seek the written 20 permission of the Designating Party or may move the Court for relief from the provisions of this 21 Stipulated Protective Order. To the extent permitted by law, the Court shall retain jurisdiction to 22 enforce, modify, or reconsider this Stipulated Protective Order, even after the Proceeding is 23 terminated. 24 25. Upon request of the Designating Party in writing, within sixty (60) days after the 25 final conclusion of all aspects of the Proceeding by judgment not subject to further appeal or by 26 settlement, the undersigned Parties shall either return to counsel for each Designating Party or 27 destroy all Highly Confidential or Confidential Materials, and all copies thereof (except that 28 15 Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 16 of 19 1 counsel for each Party may maintain in its files, in continuing compliance with the terms of this 2 Stipulated Protective Order, all work product, one copy of each pleading filed with the Court, and 3 one copy of each deposition together with the exhibits marked at the deposition, in compliance 4 with the Nevada Rules of Professional Conduct and Nevada law). Upon request of the Designating 5 Party, at the conclusion of the sixty (60)-day period, counsel for each Party shall produce to the 6 other Parties a certification stating that the Party has either returned or destroyed all applicable 7 Highly Confidential or Confidential Materials in accordance with this Stipulated Protective Order. 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 PUOY K. PREMSRIRUT, ESQ., INC. 8 26. After this Stipulated Protective Order has been signed by counsel for all Parties, it 9 shall be presented to the Court for entry. Counsel agree to be bound by the terms set forth herein 10 with regard to any Highly Confidential or Confidential Materials that have been produced before 11 the Court signs this Stipulated Protective Order. 12 27. The Parties and all signatories to the Certification attached hereto as Exhibit A agree 13 to be bound by this Stipulated Protective Order pending its approval and entry by the Court. In the 14 event that the Court modifies this Stipulated Protective Order, or in the event that the Court enters 15 a different Protective Order, the Parties agree to be bound by this Stipulated Protective Order until 16 such time as the Court may enter such a different Order. It is the Parties’ intent to be bound by the 17 terms of this Stipulated Protective Order pending its entry so as to allow for immediate production 18 of Highly Confidential or Confidential Materials under the terms herein. 19 28. The Parties may execute and acknowledge this Stipulated Protective Order in 20 multiple counterparts, and if executed in such manner, it shall be valid and binding as if all Parties 21 had executed the same original. 22 / / / 23 / / / 24 25 26 27 28 16 Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 17 of 19 1 29. This Stipulated Protective Order shall remain in full force and effect until modified, 2 superseded, or terminated by consent of the Parties or by Order of the Court, and shall survive the 3 termination of the Proceeding. 4 DATED this 15th day of October 2020. DATED this 15th day of October 2020. 5 /s/Yana Hart, Esq. Gustavo Ponce, Esq. Nevada State Bar No. 15084 Yana Hart, Esq. (pro hac vice) KAZEROUNI LAW GROUP, APC 6069 S. Fort Apache Road, Suite 100 Las Vegas, Nevada 89148 /s/ Puoy K. Premsrirut, Esq. Puoy K. Premsrirut, Esq. Nevada State Bar No. 11187 PUOY K. PREMSRIRUT, ESQ., INC. 520 S. Fourth Street, Second Floor Las Vegas, Nevada 89101 6 7 8 9 11 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 PUOY K. PREMSRIRUT, ESQ., INC. 10 12 13 14 15 Attorneys for Plaintiff Angelia Lilly Nicole E. Lovelock, Esq. Nevada State Bar No. 11187 Marta D. Kurshumova, Esq. Nevada State Bar No. 14728 JONES LOVELOCK 6675 S. Tenaya Way, Suite 200 Las Vegas, Nevada 89113 Attorneys for Defendant Cheyenne Medical, LLC d/b/a Thrive Cannabis Marketplace 16 17 IT IS SO ORDERED. 18 19 UNITED STATES MAGISTRATE JUDGE 20 October 20, 2020. DATED:____________________________ 21 22 23 24 25 26 27 28 17 Case 2:20-cv-01051-APG-BNW Document 16 Filed 10/15/20 Page 18 of 19 1 EXHIBIT A 2 AGREEMENT TO BE BOUND BY PROTECTIVE ORDER 3 Confidential” may be provided to me pursuant to the terms and restrictions of the Stipulated 5 Protective Order (the “Order”), in the civil action entitled Angelina Lilly. v. Cheyenne Medical LLC 6 dba Thrive Cannabis Marketplace., Case No. 2:20-cv-01051-APG-BNW, in the United States 7 District Court, District of Nevada. I further certify that I have been provided a copy of that Order, 8 that I have read and understood it, and that I agree to comply with and be bound by its provisions. 10 11 520 South 4th Street | Second Floor Las Vegas, Nevada 89101 Tel: (702) 384-5563 Fax: (702) 385-6965 I hereby certify my understanding that “Confidential Material” or “Highly 4 9 PUOY K. PREMSRIRUT, ESQ., INC. 1. 2. I agree that I shall use Confidential or Highly Confidential Material only for the purpose of this action and for no other purpose whatsoever. 3. I understand that the Confidential or Highly Confidential Materials, as defined in 12 the Order, including any notes or other records that may be made regarding any such materials, 13 shall not be Disclosed to anyone except as expressly permitted by the Order. 14 15 16 4. I shall not disclose Highly Confidential or Confidential Material, or the information contained in such material, except as permitted in the Order. 5. I further understand that I am to retain all copies of Confidential or Highly 17 Confidential Materials provided to me in the Proceeding in a secure manner, and that all copies of 18 such materials are to remain in my personal custody until termination of my participation in this 19 Proceeding, whereupon the copies of such materials will be returned to counsel who provided me 20 such materials. 21 22 6. By signing this Agreement, I hereby submit myself to the jurisdiction of United States District Court, District of Nevada, for the enforcement of these agreements and the Order. 23 I declare under penalty of perjury that the foregoing is true and correct. 24 Agreed to this _______ day of ____________________, 20_______. 25 26 [Signature] [Type or Print Name] 27 28 18
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
