Symeonides v. Trump Ruffin Commercial LLC ( 2023 )

1 LEWIS BRISBOIS BISGAARD & SMITH LLP JOSH COLE AICKLEN 2 Nevada Bar No. 007254 Josh.Aicklen@lewisbrisbois.com 3 DAVID B. AVAKIAN Nevada Bar No. 009502 4 YILMAZ E. TURKERI Nevada Bar No. 15468 5 David.Avakian@lewisbrisbois.com 6385 S. Rainbow Boulevard, Suite 600 6 Las Vegas, Nevada 89118 Telephone: 702.893.3383 7 Facsimile: 702.893.3789 Attorneys for Defendant TRUMP RUFFIN 8 TOWER I, LLC, erroneously sued herein as TRUMP RUFFIN COMMERCIAL, LLC, d/b/a 9 TRUMP INTERNATIONAL LAS VEGAS and TRUMP INTERNATIONAL HOTEL & 10 TOWER LAS VEGAS; and TRUMP INTERNATIONAL HOTELS MANAGEMENT, 11 LLC 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA, SOUTHERN DIVISION 14 15 SEBASTIAN SYMEONIDES, an Case No. 2:23-cv-00854-JAD-VCF Individual, 16 CONFIDENTIALITY STIPULATION AND Plaintiff, PROTECTIVE ORDER 17 vs. 18 TRUMP RUFFIN COMMERCIAL, LLC, a 19 Foreign Limited-Liability Company d/b/a TRUMP INTERNATIONAL LAS VEGAS 20 and TRUMP INTERNATIONAL HOTEL & TOWER LAS VEGAS; TRUMP RUFFIN 21 TOWER I, LLC, a Foreign Limited-Liability Company; TRUMP INTERNATIONAL 22 HOTELS MANAGEMENT, LLC, a Foreign Limited-Liability Company; OTIS 23 ELEVATOR CORPORATION, a Foreign Corporation; DOES I through X, inclusive; 24 and ROE BUSINESS ENTITIES I through XX, inclusive, 25 Defendants. 26 27 Certain parties believe that discovery will encompass documents and information 1 materials would cause competitive harm, raise privacy concerns, and violate confidentiality 2 provisions set forth in various, current contracts binding on the parties. Accordingly, the 3 parties have agreed to the entry of this Confidentiality Stipulation and Protective Order 4 (“Agreed Order”) to expedite the flow of discovery materials, preserve the integrity of 5 information that one or more parties believe is confidential, promote the prompt resolution 6 of discovery disputes over confidentiality, facilitate the preservation of materials that may 7 contain confidential information and trade secrets, and prevent breach of the confidential 8 provisions set forth in contracts. For purposes of this Agreed Order, “Confidential 9 Information” shall mean documents or other materials that one or more parties believe to 10 include proprietary information relating to their business or personal financial information, 11 disclosure of which might be harmful. Documents or information designated by one or 12 more parties as “Confidential Information” pursuant to this Agreed Order governing 13 discovery shall be without prejudice to any party’s claim, defense or contention, whether 14 relating to discovery issues in this lawsuit or to substantive issues in this or any other 15 lawsuit, that such documents or information do not in fact constitute trade secrets or 16 confidential information. 17 Notwithstanding the foregoing, the term "Confidential Information" does not include 18 information which (a) is in or becomes a part of the public domain without violation of this 19 Agreed Order by any party to this litigation or their counsel; (b) is customarily provided by 20 any party to this litigation to third parties without restriction on disclosure; (c) was known to 21 a party to this litigation on a non-confidential basis prior to its disclosure to such party or 22 their counsel in this litigation; or (d) is not otherwise subject to a restriction on disclosure 23 and is rightfully obtained by any party or their counsel from a source other than a party in 24 this litigation. 25 Accordingly, in the interests of justice and to expedite discovery, the parties hereby 26 STIPULATE AND AGREE that: 27 1. Confidential Information: To protect trade secrets, personal financial 1 party or third party may designate documents, information, or testimony as Confidential 2 Information under this Order as follows: 3 The designation shall be made by clearly stamping or marking any document, 4 including any interrogatory answer or transcript, with the word “CONFIDENTIAL.” 5 Transcripts (or portions thereof) may be designated "CONFIDENTIAL" or "ATTORNEYS' 6 EYES ONLY" (described in paragraphs 3 and 4 below) by instructing the reporter to stamp 7 or mark the transcript (or portions thereof) within ten (10) days after it is received, and shall 8 be treated as Attorneys' Eyes Only Information until the ten (10) day designation period has 9 passed. 10 In the case of electronically-stored information, a party producing Confidential 11 Information in an electronically-stored format shall stamp the physical medium by which 12 the information is transmitted (e.g. computer tape, computer disk, CD Rom, etc.) as 13 “CONFIDENTIAL.” If the party to whom such electronically-stored information is produced 14 shall create any readable report or output from such confidential data, that party shall 15 prominently label each page of such output report as “CONFIDENTIAL.” 16 A party, provider of documents or non-party witness may denominate any response 17 to any written discovery request brief, motion or other material filed with the court, and any 18 appendix, exhibit or document pertaining to such material as Confidential Information by 19 stamping the cover or first page, “CONFIDENTIAL.” 20 Documents produced, or to be produced, by a third-party, including but not limited 21 to personal financial bank records, tax records, or other private documents or information, 22 may be designated as confidential prior to their release through subpoena via a written 23 notice to all parties. 24 2. Limited Disclosure and Use of Confidential Information: A person who 25 received Confidential Information (hereinafter, “receiving person”) has a duty to preserve 26 confidentiality, shall not make any further disclosure of it except as authorized below or by 27 further order, and shall use it only for purposes of this case or any arbitration or mediation 1 attached hereto as Exhibit A as a required condition precedent of receiving any Confidential 2 Information when requested to do so by a party to the above-captioned litigation or their 3 counsel, where said party originally created and/or possesses or controls the Confidential 4 Information. A receiving person is defined by this Agreed Order to refer to one of to the 5 following persons: 6 A. Attorneys of record for the parties of this litigation; 7 B. Designated business persons from each of the corporate parties 8 (“Corporate Designees”) but only to the extent necessary for the conduct of this action; 9 provided, however, that no Confidential Information shall be revealed to such persons until 10 the conditions detailed in Paragraph 1 have been met; 11 C. Deposition reporters; 12 D. Independent experts, investigators, and other consultants retained by 13 counsel; provided, however, that no Confidential Information shall be revealed to such 14 persons until the conditions detailed in Paragraph 1 have been met; 15 E. Associates, secretaries, paralegals, clerical and other employees of 16 the individuals identified in subparagraphs (a), (b), (c) and (d) above, to the extent 17 reasonably necessary to render professional services in the litigation; 18 F. A deponent during the course of his or her deposition; 19 G. Any person who is referenced in Confidential Information; provided, 20 however, that no Confidential Information shall be revealed to such persons until the 21 conditions detailed in Paragraph 1 have been met; 22 H. Witnesses or prospective witnesses in the course of investigation or in 23 preparation for deposition, or at deposition; provided, however, that no Confidential 24 Information shall be revealed to such persons until the conditions detailed in Paragraph 1 25 have been met; and 26 I. The Court, any arbitrator, mediator or adjudicator and their personnel. 27 3. Attorneys’ Eyes Only Information: A producing party may designate 1 determination that the information threatens significant competitive harm if revealed to an 2 opposing party or other competitor. The designation shall be made in a manner similar to 3 that provided in paragraph 1, using the words “ATTORNEYS’ EYES ONLY.” 4 4. Further Limitations on Disclosure and Use of Attorneys Eyes Only: Attorneys’ 5 Eyes Only Information shall be treated in all respects as "Confidential Information" under 6 this Protective Order. In addition to the protections already contained herein, Attorneys’ 7 Eyes Only Information shall be subject to the following additional restrictions: 8 Attorneys’ Eyes Only information shall only be disclosed to those persons listed in 9 paragraph 2(a), (c), (d) - (f) and (i) hereof; 10 Authorized counsel may not communicate or transmit any Attorneys’ Eyes Only 11 Information, or the contents of those materials, to any employee, director, agent and/or 12 representative of the parties in this action, including in-house counsel of any corporate 13 party; and 14 If Attorneys’ Eyes Only Information is used during a deposition, the party introducing 15 the Attorneys’ Eyes Only Information topic shall announce that such a topic or document 16 will be the subject of questions. All persons not allowed to view or receive such information 17 shall leave the deposition at that time. The transcript of any questioning regarding 18 Attorneys’ Eyes Only Information topics shall be kept separately from the main transcript 19 of the deposition and shall be stamped or marked “ATTORNEYS’ EYES ONLY 20 INFORMATION." 21 Any breach of this provision shall entitle the party whose Attorneys’ Eyes Only 22 Information was disclosed to seek immediate equitable relief in this Court, in addition to 23 such other sanctions and remedies as may be appropriate. 24 The protection afforded by this paragraph to Attorneys’ Eyes Only Information shall 25 be preserved at all pre-trial hearings of this matter, and until further modified by the Court. 26 5. Submission to Court: No Confidential Information, whether embodied in 27 physical objects, documents, electronically-stored data, tangible items or the transcription 1 consents in writing to such filing, or unless filed in a sealed envelope on which shall 2 be endorsed the caption of the action and a statement substantially in the following form: 3 CONFIDENTIAL 4 This envelope contains documents or information in this case that is subject to a Confidentiality Order entered by the Court. This envelope shall not be 5 opened nor the contents thereof displayed or revealed except by Order of Court. Violation thereof may be regarded as contempt of court. 6 A party discharges its obligations under this paragraph by filing a pleading, motion, 7 brief or other papers in two parts and placing the part which contains Confidential 8 Information under seal (will do so by Motion under FRCP 26(c) and 9 , 447 F.3d 1172 (9th Cir. 2006)). Any courtesy copy delivered to the Court 10 shall be marked: "Courtesy Copy – Original Under Seal." Similar procedures shall be 11 followed with regard to Attorneys Eyes Only Information. 12 If any party believes that a designation as Confidential and/or Attorneys’ Eyes Only 13 Information as to any document, material or information by any other party or by any witness 14 is unwarranted, it may so inform the designating party or witness in writing (a “written 15 objection”). Upon receipt by the designating party of such written objection, the parties shall 16 negotiate in good faith to resolve their differences. If, within ten (10) days after such written 17 objection to a designation the parties have failed to reach an agreement, the designating 18 party may apply to the Court for a ruling that the designation as to any document, material 19 or information shall be treated as designated, giving notice to the party or non-party 20 producing the documents. No disclosure of any documents, material or information 21 designated as Confidential and/or Attorneys’ Eyes Only Information shall be made, except 22 in accordance herewith, by the recipient prior to decision by the Court on any such motion; 23 if no such motion is filed within thirty (30) days after such written objection, the Confidential 24 and/or Attorneys’ Eyes Only designation shall be deemed withdrawn. In any proceeding 25 challenging the propriety of the designation of any document, information or materials as 26 Confidential and/or Attorneys’ Eyes Only Information, the party, provider of documents or 27 witness who has designated the document, material or information as Confidential 1 and/or Attorneys’ Eyes Only Information shall bear the burden of establishing the 2 propriety of that designation. Until the Court enters an Order changing the designation 3 for any document, material or information, it shall be given “Confidential" or "Attorneys’ 4 Eyes Only" (however designated) treatment in accordance with this Order. 5 Unless otherwise ordered or agreed, neither the termination of this lawsuit nor the 6 termination of employment of any person who has had access to any Confidential and/or 7 Attorneys’ Eyes Only Information shall relieve such person from the terms of this Order. 8 This Order shall not be deemed a waiver of: 9 A. Any party's right to object to any discovery requests on any ground or 10 to seek a protective order with respect to any such discovery request; 11 B. Any party's right to seek an order compelling discovery with respect to 12 any discovery request; 13 C. Any party's right to object to the admission of any evidence on any 14 ground; 15 D. Any party's right to seek a modification of this Order upon reasonable 16 notice to all other parties; or 17 E. Any party's right to challenge the propriety of the designation of any 18 material as Confidential and/or Attorneys’ Eyes Only Information at any time. Failure of 19 any party to promptly challenge the propriety of such a designation shall not preclude that 20 party's subsequent objection to such designation, a motion by that party to seek a 21 determination as to the propriety of such designation or a motion by that party to otherwise 22 modify the provisions this Order. The designation by a party that material is Confidential 23 and/or Attorneys’ Eyes Only shall not constitute an admission by any other party that the 24 material is confidential. 25 6. All Confidential and/or Attorneys’ Eyes Only Information shall be returned as 26 follows: 27 Within thirty (30) days after the final determination of this Action, or sooner if agreed 1 originals, and subject to subparagraph (c) hereof, copies, abstracts or summaries thereof, 2 shall be returned to the attorney for the party producing and providing the material or 3 destroyed by the party receiving such material, and no copies thereof shall be retained by 4 any other person; provided, however, that counsel of record for the parties may keep, in 5 strictest confidence, one copy of any part of the Confidential and Attorneys’ Eyes Only 6 Information produced by others. Such copy shall remain subject to the terms of this Order. 7 If Confidential and/or Attorneys’ Eyes Only Information is furnished to a testifying or 8 consulting expert, investigator, other consultant, or witness, the attorney for the party using 9 such expert, investigator, other consultant, or witness shall have the responsibility of 10 ensuring that all such material, including copies, abstracts and summaries thereof, is 11 returned to the party producing the same or destroyed. 12 Counsel of record for each party may retain abstracts or summaries of materials, 13 which contain counsel's mental impressions or opinions. Such abstracts or summaries, 14 which contain or refer to Confidential and/or Attorneys’ Eyes Only Information, shall, 15 however, remain subject to the terms of this Order. 16 The parties will cooperate to establish a procedure for the use of information that 17 has been designated Confidential or Attorneys’ Eyes Only at trial or during any court 18 hearing. At a minimum, that procedure should mandate that all information which has been 19 designated Confidential or Attorneys’ Eyes Only is submitted under seal (will do so by 20 FRCP 26(c) and , 447 F.3d 1172 (9th Cir. 2006)), 21 and that only the persons set forth in paragraph 2 can be present in the courtroom when 22 any information that has been designated Confidential, or set forth in paragraph 4 can be 23 present in the courtroom when any information that has been designated Attorneys’ Eyes 24 Only, is referenced. 25 If a party to this Stipulation and Order misuses or improperly discloses Confidential 26 and/or Attorneys’ Eyes Only Information in violation of this Order, the designating party 27 may seek appropriate sanctions. The party who claims that a violation of this Order has 1 Each party will endeavor to make reasonable efforts to ensure that materials 2 and documents that should bear the Confidential or Attorneys’ Eyes Only legend are so 3 labeled in fact. A failure to so designate any document or material shall not be deemed 4 a waiver of the confidentiality protection. In the event a party belatedly determines 5 that any document or material should be designated as confidential under this 6 Stipulation and Order, such party will so, notify the other party and the other party 7 agrees to accept that notification and arrange to comply with the remaining provision of 8 this Stipulation and Order to such late designated documents and materials. 9 Any party, persons, and entities obtaining access to Confidential and/or Attorneys’ 10 Eyes Only Information under this Confidentiality Stipulation and Protective Order, shall use 11 the information only for preparation and trial of the above-captioned litigation (including 12 appeals and retrials thereof), and shall absolutely not use such information for any other 13 purpose whatsoever, including business, governmental, commercial, or administrative or 14 judicial proceedings. 15 / / / 16 17 18 19 20 21 22 23 24 25 26 27 1 Each party agrees to be bound by the terms of this Confidentiality Stipulation and 2 Protective Order as of the date it is executed, prior to the entry of the Order by the Court. 3 This Confidentiality Stipulation and Protective Order may be executed in any number of 4 counterparts, each of which shall be deemed an original, but all of which taken together 5 shall constitute one instrument. 6 Dated this 12th day of October, 2023 Dated this 12th day of October, 2023 7 CHRISTIANSEN TRIAL LAWYERS LEWIS BRISBOIS BISGAARD & SMITH LLP 8 9 /s/ Keely P. Chippoletti /s/ Josh Cole Aicklen 10 PETER CHRISTIANSEN, ESQ. JOSH COLE AICKLEN, ESQ. Nevada Bar No. 5254 Nevada Bar No. 7254 11 R. TODD TERRY, ESQ. DAVID B. AVAKIAN, ESQ. Nevada Bar No. 6519 Nevada Bar No. 9502 12 KEELY P. CHIPPOLETTI, ESQ. YILMAZ E. TURKERI, ESQ. 13 Nevada Bar No. 13931 Nevada Bar No. 15468 710 South 7th Street 6385 S. Rainbow Blvd., Suite 600 14 Las Vegas, NV 89101 Las Vegas, NV 89118 15 JAY TRONFELD, ESQ. Virginia Bar No. 12407 16 (admitted ) TRONFELD WEST & DURRETT 17 4020 W. Broad Street 18 Richmond, Virginia 23230 19 20 21 22 23 24 25 26 27 1 || Dated this 12th day of October, 2023 2|| ROGERS, MASTRANGELO, CARVALHO & MITCHELL 3 4 /s/ Rebecca L. Mastrangelo || REBECCA L. MASTRANGELO, ESQ. Nevada Bar No. 5417 || 700 South 3” Street 7 Las Vegas, NV 89101 g VASUDHSIRI T. SATHIENMARS, ESQ. California Bar No. 282619 9 || (admitted pro hac vice) TUCKER ELLIS LLP 10 || 201 Mission Street, Suite 2310 San Francisco, CA 94105 11 SU-LYN COMBS, ESQ. California Bar No. 209834 13 (admitted pro hac vice) TUCKER ELLIS LLP 14 515 South Flower St., 42°¢ Floor Los Angeles, CA 90071 15 || Attorneys for Defendant Otis Elevator Company 16 17 18 19 20 21 IT |S SO ORDERED 2 24 United States Magistrate Judge 25 10-12-2023 26 DATED: 27 28 aa oUhUFN AANeEKaA □□□□□ EXHIBIT A 1 LEWIS BRISBOIS BISGAARD & SMITH LLP JOSH COLE AICKLEN 2 Nevada Bar No. 007254 Josh.Aicklen@lewisbrisbois.com 3 DAVID B. AVAKIAN Nevada Bar No. 009502 4 YILMAZ E. TURKERI Nevada Bar No. 15468 5 David.Avakian@lewisbrisbois.com 6385 S. Rainbow Boulevard, Suite 600 6 Las Vegas, Nevada 89118 Telephone: 702.893.3383 7 Facsimile: 702.893.3789 Attorneys for Defendant TRUMP RUFFIN 8 TOWER I, LLC, erroneously sued herein as TRUMP RUFFIN COMMERCIAL, LLC, d/b/a 9 TRUMP INTERNATIONAL LAS VEGAS and TRUMP INTERNATIONAL HOTEL & 10 TOWER LAS VEGAS; and TRUMP INTERNATIONAL HOTELS MANAGEMENT, 11 LLC 12 UNITED STATES DISTRICT COURT 13 DISTRICT OF NEVADA, SOUTHERN DIVISION 14 15 SEBASTIAN SYMEONIDES, an Case No. 2:23-cv-00854-JAD-VCF Individual, 16 NON-DISCLOSURE AGREEMENT Plaintiff, 17 vs. 18 TRUMP RUFFIN COMMERCIAL, LLC, a 19 Foreign Limited-Liability Company d/b/a TRUMP INTERNATIONAL LAS VEGAS 20 and TRUMP INTERNATIONAL HOTEL & TOWER LAS VEGAS; TRUMP RUFFIN 21 TOWER I, LLC, a Foreign Limited-Liability Company; TRUMP INTERNATIONAL 22 HOTELS MANAGEMENT, LLC, a Foreign Limited-Liability Company; OTIS 23 ELEVATOR CORPORATION, a Foreign Corporation; DOES I through X, inclusive; 24 and ROE BUSINESS ENTITIES I through XX, inclusive, 25 Defendants. 26 27 1 NON-DISCLOSURE AGREEMENT 2 Having reviewed and read the Protective and Confidentiality Order in the above- 3 captioned case, I understand that certain documents and/or information has been produced 4 in the case and designated as being “CONFIDENTIAL.” I agree that I will not disclose by 5 any means or method any “CONFIDENTIAL” documents and/or information to anyone, 6 except as allowed by the Order or any subsequent court order. I agree to abide by the 7 Order’s terms and submit to the court’s jurisdiction for purposes of enforcement of the 8 Order. I agree to take all reasonable precautions to protect any “CONFIDENTIAL” 9 information in my possession, custody, or control from disclosure. I understand that the 10 court may sanction me should I violate the Order and/or this Agreement. 11 12 Signature: 13 14 Printed: 15 16 Dated: 17 18 19 20 21 22 23 24 25 26 27