Cytanovic v. PanaVise Products, Inc. ( 2024 )

1 |] Kristen T. Gallagher (NSBN 9561) McDONALD CARANO LLP 2 || 2300 West Sahara Avenue, Suite 1200 Las Vegas, Nevada 89102 3 || Telephone: (702) 873-4100 kgallagher@mcdonaldcarano.com Attorneys for Defendant PanaVise Products, Inc. 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 || SELENA CYTANOVIC, Case No: 3:24-cv-00143-ART-CSD 9 Plaintiff, vs STIPULATED CONFIDENTIALITY 10 , AGREEMENT AND 2 || PANAVISE PRODUCTS, INC. PROTECTIVE ORDER Defendant. 53 12 28 13 Defendant PanaVise Products, Inc. (“Defendant”) and Plaintiff Selena Cytanov: 14 || (Plaintiff’ and together with Defendant, the “Parties” and each a “Party”), stipulate and agree < 48 15 || follows: 16 1. Scope and Applicability. Certain documents or electronically stored informatio 17 || relevant to this litigation may contain confidential information, as described herein, the □□□□□□□□□ 18 || of which may be prejudicial to the interests of a Party or other non-parties to this action. Suc 19 || information is referred to herein as “Confidential Information.” The Parties may, however, produc 20 || certain Confidential Information subject to the terms of this agreement. This Stipulate 21 || Confidentiality Agreement and Protective Order (“Protective Order”) is applicable to the Partie 22 || any additional parties joined in this litigation, and any third parties subject to this Protective Ord 23 || and/or otherwise agreeing to be bound by this Protective Order. 24 2. Designation of Information. Any document or electronically stored informatio 25 || produced in discovery may be designated as Confidential Information by marking it < 26 || “CONFIDENTIAL” at the time of production. Such designation shall be made at the time th: 27 || copies are furnished to a party conducting discovery, or when such documents are otherwis 28 1 || disclosed. Any such designation that is inadvertently omitted during production may be correcte 2 || by prompt written notification to all counsel of record. 3 a. A Party may only designate as “CONFIDENTIAL” any document or an 4 || portion of a document, and any other thing, material, testimony, or other information, that 5 || reasonably and in good faith believes contains or reflects: (a) proprietary, business sensitive, « 6 || confidential information; or (b) information that should otherwise be subject to □□□□□□□□□□ 7 || treatment pursuant to applicable federal and/or state law. 8 b. “CONFIDENTIAL” information and/or materials shall not incluc 9 || information that either: 5 10 i. is in the public domain at the time of disclosure through no act, ¢ 11 || failure to act, by or on behalf of the recipient, its counsel, its expert(s) or other consultant(s), or an 12 || other person to whom disclosure was authorized pursuant to this Protective Order, as evidenced b : 13 || a written document or other competent evidence; 14 il. after disclosure, becomes part of the public domain through no ac 28 15 || or failure to act, by or on behalf of the recipient, its counsel, its expert(s) or other consultant(s), « 16 || any other person to whom disclosure was authorized pursuant to this Protective Order, as evidence i = 17 || by a written document or other competent evidence; : 18 ill. the receiving Party can show by written document or other □□□□□□□ 19 || evidence was already known or in its rightful and lawful possession at the time of disclosure; or 20 Iv. lawfully comes into the recipient’s possession subsequent to the tim 21 || of disclosure from another source without restriction as to disclosure, provided such third party he 22 || the right to make the disclosure to the receiving Party. 23 3. Designation of Depositions. The Parties may designate information disclosed at 24 || deposition as Confidential Information by indicating on the record at the deposition that a specifi 25 || portion of testimony, or any exhibit identified during a deposition, is so designated and subject t 26 || the terms of this Protective Order or, alternatively, any Party may so designate a portion of th 27 || deposition testimony or exhibit within 30 days of receipt of the deposition transcript by so statin 28 || in writing to opposing counsel. If designated during the deposition, the court reporter shall stam 1 || the portions of deposition testimony or any exhibit designated as containing Confidenti: 2 || Information as “CONFIDENTIAL” and access thereto shall be limited as provided heret 3 || Confidential Information shall not lose its character because it is used as an exhibit to a depositiot 4 || regardless of whether the deposition or deposition transcript itself is later designated, in whole « 5 || part, as “CONFIDENTIAL INFORMATION.” 6 Documents or information designated as “CONFIDENTIAL” may be used or disclosed 1 7 || a deposition and marked as deposition exhibits; the Parties agree that, with the exception of th 8 || witness and court reporter, the only persons permitted under this Protective Order to be preset 9 || during the disclosure or use of designated documents or information during a deposition are thos 5 10 || permitted pursuant to the terms of this Protective Order to review the information or material □□□□□ 11 || to be used. Absent an agreement between the Parties, if all persons present at the deposition are nc 12 || permitted under this Protective Order to review the information or material sought to be used, an : 13 || person not so permitted shall be instructed by the designating party to leave the room (physical ¢ 14 || virtual) during the period(s) in which the “CONFIDENTIAL” documents or information is bein 28 15 || used and/or discussed, to the extent reasonably possible. During the course of a deposition, couns: 16 || may anticipate such disclosure and designate in advance certain deposition exhibits, depositio i = 17 || testimony and portions of any deposition transcript as “CONFIDENTIAL.” : 18 4. In advance of a hearing in this matter, the Parties also agree to confer in good fait 19 || to reach an agreement regarding the appropriate protections in the event one or both parties seek t 20 || use “CONFIDENTIAL” documents or information at the hearing. Nothing in this Order shall lim 21 || a Party’s ability to use its own documents or information, however designated, at a hearing in th 22 || litigation or in any other proceeding, subject to the court’s determination of the admissibility of th 23 || documents or information. 24 5. Non-Waiver of Privilege. The production of documents and information shall n¢ 25 || constitute a waiver in this litigation, or any other litigation, matter or proceeding, of any privileg 26 || (ncluding, but not limited to, the attorney-client privilege, attorney work product privilege ¢ 27 || common defense privilege) applicable to the produced materials or for any other privileged ¢ 28 || protected materials containing the same or similar subject matter. The fact of production ¢ 1 || privileged information or documents by any producing Party in this litigation shall not be used as 2 || basis for arguing that a claim of privilege of any kind has been waived in any other proceedin; 3 || Without limiting the foregoing, this Protective Order shall not affect the Parties’ legal rights t 4 || assert privilege claims over documents in any other proceeding. 5 6. Burden of Proof and Challenges to Confidential Information. The party designatin 6 || information as Confidential Information bears the burden of establishing confidentiality. Nothin 7 || in this Protective Order shall constitute a waiver of any Party’s right to object to the designation c 8 || non-designation of a particular document as “CONFIDENTIAL.” If a Party contends that an 9 || document has been erroneously or improperly designated or not designated Confidential, th 5 10 || document at issue shall be treated as Confidential under this Protective Order until (a) the Partie : 11 || reach a written agreement or (b) the court issues an order ruling on the designation. In the 12 || that a Party disagrees with a Party’s designation of any document or information as Confidentia 13 || the objecting Party shall advise counsel for the designating Party, in writing, of the objection an 14 || identify the document or item with sufficient specificity to permit identification. Within seven □□ 3 15 || days of receiving the objection, the designating Party shall advise whether the designating Part 16 || will change the designation of the document or item. If this cannot be resolved between the Partie 17 || after the expiration of seven (7) days following the service of an objection, the Party challengin 18 || the confidential designation shall schedule a telephonic conference with the Court in a further effo 19 || to try to resolve the dispute prior to filing any motion. If the dispute still cannot be resolve 20 || following the telephonic conference with the Court, the challenging Party may file a motion t 21 || resolve the dispute. On such a motion, the Designating Party shall have the burden of proving thi 22 || the disputed information should be subject to the terms of this Protective Order. The protectio 23 || afforded by this Protective Order shall continue until the court makes a decision on the motion. 24 7. Restrictions on Disclosure. All Confidential Information produced or disclosed b 25 || either Party in this litigation shall be subject to the following: 26 a. such documents, information, and things shall be used only in this litigatio 27 || and not for any other purpose whatsoever; 28 1 b. such documents, information, and things shall not be shown □ 2 |} communicated in any way inconsistent with this Protective Order or to anyone other than “Qualifie 3 || Persons,” defined below, which persons receiving Confidential Information shall not make □□□□□□ 4 || disclosure to anyone except as allowed by this Protective Order; and 5 c. no one except Qualified Persons identified in paragraph 8 shall be provide 6 || copies of any Confidential Information. 7 8. Qualified Persons. “Qualified Persons” means: 8 a. the court, court officials and authorized court personnel, jurors, stenographi 9 || reporters, and videographers at depositions taken in this action; 5 10 b. counsel of record for the Parties (including partners, associates, paralegal 11 || employees and persons working at the law firms of the Parties’ respective counsel), in-hous 12 || counsel and contract attorneys retained by counsel for the Parties to provide services in connectio : 13 || with this litigation; 14 c. if the Party is an entity, current or former officers or employees of the Part 28 15 d. third parties retained by counsel for a Party or by a Party as consultin 16 || experts or testifying expert witnesses; 17 €. with respect to a specific document, the document’s author, addressee, « : 18 || intended or authorized recipient of the Confidential Information and who agrees to keep th 19 || information confidential, provided that such persons may see and use the Confidential Informatio 20 || but not retain a copy; 21 f. nonparties to whom Confidential Information belongs or concerns; 22 g. witnesses who are appearing for deposition or other testimony in this cas 23 || voluntarily or pursuant to a validly issued subpoena; 24 h. a mediator or other settlement judge selected or agreed-upon by the Parti 25 || i connection with any attempted resolution of the litigation; 26 i. clerical or ministerial service providers, including outside copying service 27 || litigation support personnel, or other independent third parties retained by counsel for the Partie 28 || to provide services in connection with this litigation; or ] J: any other person by order of the court after notice to all Parties an 2 || opportunity to be heard, or as agreed between the Parties. 3 9. Acknowledgment. Any Qualified Person identified in paragraph 8(d)-() to □□□ 4 || the opposing Party’s Confidential Information is shown or to whom information contained in suc 5 || materials is to be revealed shall first be required to execute the attached Acknowledgement an 6 || Agreement To Be Bound To Stipulated Confidentiality Agreement And Protective Order (th 7 || “Acknowledgement”), the form of which is attached hereto as “Exhibit A” and to be bound by th 8 || terms of this Protective Order. As to each person to whom any Confidential Information is disclose 9 || pursuant to the Acknowledgement and this Protective Order, such information may be used onl 5 10 || for purposes of this litigation and may not be used for any other purpose. 11 10. Conclusion of the Litigation. Upon conclusion of this Litigation, whether b 12 || judgment, settlement, or otherwise, counsel of record and each Party, person, and entity wh 13 || obtained Confidential Information or information claimed to be confidential shall assemble an 14 || return to the producing Party all materials that reveal or tend to reveal information designated < 3 15 || Confidential Information, except all such materials constituting work product of counsel. In th 16 || alternative, all such materials may be destroyed, with written certification of destruction or deletio 17 || provided to the producing Party upon request, except that a Party may retain Confidenti: : 18 || Information generated by it, unless such Confidential Information incorporates the Confidenti: 19 || Information of another Party in which case all such Confidential Information shall be destroyed « 20 || deleted. No originals or copies of any such Confidential Information will be retained by any perso 21 || or entity to whom disclosure was made. However, counsel of record and designated in-hous 22 || counsel for the Parties are permitted to retain copies of all pleadings, motions, depositions an 23 || hearing transcripts (and exhibits thereto), exhibits, and attorney work product that contai 24 || Confidential Information consistent with his or her ordinary file management and/or □□□□□□□ 25 || retention policies and/or those of his or her firm. In doing so, the retaining Party agrees to execul 26 || an agreement that all such documents will be quarantined for record retention only and not for us 27 || in other matters involving the Parties or with any other client or shared outside of the organizatiot 28 || While the Court will not retain jurisdiction over this Protective Order upon the conclusion of th 1 || Litigation, the confidentiality obligations imposed by and the treatment accorded under th 2 || Protective Order shall survive the termination of this Litigation. 3 11. Equal Application. This Protective Order may be applied equally to informatio 4 || obtained by a producer in response to any subpoena, including, in particular, information produce 5 || by non-parties. Any non-party that designates any information as “Confidential” pursuant to th: 6 || Protective Order may agree to submit to the Court’s jurisdiction with regard to the determinatio 7 || of disputes involving such designations. 8 12. List of Names. All counsel shall maintain a list of the names of all third parties th: 9 || are not parties to the underlying litigation to whom disclosure of Confidential Information we 5 10 |} made. : 11 13. Retroactive Designation. Confidential Information previously produced before th 12 || entry of this Order, if any, may be retroactively designated as “CONFIDENTIAL.” or and subje: 13 || to this Protective Order by notice in writing of the designated class of each document by Bate 14 || number within thirty (30) days of the entry of this Order. 28 15 14. —_ Inadvertent Production or Disclosure of Confidential Information. In the event th: 16 || a Party inadvertently produces Confidential Information, without the required “CONFIDENTIAL 17 || legend, the producing Party shall contact the receiving Party as promptly as reasonably possib!| 18 || after the discovery of the inadvertent production, and inform the receiving Party in writing of th 19 || inadvertent production and the specific material at issue. Such inadvertent or unintention: 20 || disclosure shall not be deemed a waiver in whole or in part of the producing Party’s claim « 21 || confidentiality, either as to specific documents and information disclosed or on the same or relate 22 || subject matter. Upon receipt of such notice, the receiving Party or Parties shall treat the materi 23 || identified in the notice as Confidential under this Protective Order, subject to the provisions 1 24 || paragraph 6 regarding any challenges. 25 15. Use of Confidential Information at Hearing or Trial. Nothing in this Order sha 26 || preclude a Party from disclosing or offering into evidence at the time of trial or during a hearin 27 || any document or information designated as “CONFIDENTIAL” subject to the rules of evidenc 28 || and any other Party’s objections as to the admissibility or claims of confidentiality of the □□□□□□□ 1 || or information. However, if a Party anticipates using or disclosing Confidential Information at 2 || trial or during a hearing (except for purposes of impeachment), it shall give the designating Part 3 || at least three (3) business days’ notice prior to its use or disclosure. A Party’s attachment of « 4 || reference to “Confidential Information” in briefing related to the hearing, or on a trial exhibit lis 5 || constitutes the notice contemplated herein. The Court may take such measures, as it deerr 6 || appropriate, to protect the claimed confidential nature of the document or information sought to b 7 || admitted and to protect the Confidential Information from disclosure to persons other than thos 8 || identified in paragraph 8 and who have signed Exhibit A, where necessary, under this Order. 9 If a Party seeks to file unredacted Confidential Information, it shall file a motion with th 5 10 || Court for filing under seal, unless the producing Party otherwise agrees. Any motion to file unde : 11 || seal must comply with Local Rule IA 10-5 and the Ninth Circuit’s directives in Kamakana v. Cii 12 || and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). 13 16. — Pre-Existing Confidentiality Obligations. This Protective Order in no way □□□□□□□ 14 || any prior agreement between the Parties that may be applicable. 28 15 17. No Waiver. This Protective Order does not waive or prejudice the right of any Part 16 || or non-party to apply to a court of competent jurisdiction for any other or further relief or to objec 17 || on any appropriate grounds to any discovery requests, move to compel responses to discover 18 || requests, and/or object to the admission of evidence at any hearing on any ground. 19 18. No Admission. Entering into, agreeing to, and/or complying with the terms of th 20 || Protective Order shall not operate as an admission by any Party that any particular documen 21 || testimony of information marked “CONFIDENTIAL” contains or reflects trade secrets, proprietar 22 || confidential or competitively sensitive business, commercial, financial or personal information. 23 19. Modification. This Protective Order may be modified or amended either by writte 24 || agreement of the Parties or by order of the court upon good cause shown. No oral waivers of th 25 || terms of this Protective Order shall be permitted between the Parties. 26 || /// 27 | /// 28 || /// ] 20. Future Orders. Nothing in this Protective Order shall prohibit the Parties □□□□ 2 || seeking an order from the court regarding the production or protection of documents reference 3 || herein or other materials in the future. 4 DATED this 11th day of June, 2024. 5 || McDONALD CARANO LLP LAW OFFICE OF MARK MAUSERT 6 || By: /s/_Kristen T. Gallagher By:/s/_ Mark Mausert 7 Kristen T. Gallagher (NSBN 9561) Mark Mausert 2300 West Sahara Ave., Ste. 1200 Sean McDowell g Las Vegas, Nevada 89102 729 Evans Avenue Telephone: (702) 873-4100 Reno, Nevada 89512 9 kgallagher@mcdonaldcarano.com Telephone: (775) 786-5477 mark@markmausertlaw.com 10 Attorneys for Defendant PanaVise sean@markmausertlaw.com Products, Inc. Attorneys for Plaintiff Selena Cytanovic 12 we 5 UNITED STATES GISTRATE JUDGE 28 DATED: June 12, 2024 16 ee os OM ta = 18 19 20 21 22 23 24 25 26 27 28 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 || SELENA CYTANOVIC, Case No: 3:24-cv-00143-ART-CSD 4 Plaintiff, EXHIBIT A 5 || VS: PANAVISE PRODUCTS, INC. ACKNOWLEDGEMENT AND 6 □ □ AGREEMENT TO BE BOUND TO Defendant STIPULATED CONFIDENTIALITY 7 AGREEMENT AND PROTECTIVE ORDER 9 I, , hereby acknowledge receipt of a copy of th 9 10 || Stipulated Confidentiality Agreement and Protective Order (“Protective Order”) entered in th 3 above-referenced action, and agree as follows: D 1. I acknowledge that I have read the Protective Order and agree to be bound by 1 as terms and conditions and to hold any “Confidential Information” and/or materials disclosed to m B in accordance with the Protective Order. 2s 14 2. I will take all steps reasonably necessary to ensure that any secretarial, clerical, « other personnel who assist me in connection with my participation in this action will likewis 15 comply with the terms and conditions of the Protective Order. 16 3. I further understand that I am to retain all copies of all documents or informatio 24 marked pursuant to the Protective Order in a secure manner, and that all copies of such materia sa 17 || ate to remain in my personal custody until termination of my participation in the above-reference litigation, whereupon the originals or any copies of such materials, and any work product derive 18 from said information and/or materials, will be returned to counsel who provided the under wit 8 such materials. 19 4. To assure my compliance with the Protective Order, I submit to the jurisdiction ¢ 0 the above-referenced Court for the limited purpose of any proceeding related to the enforcemet of, performance under, compliance with or violation of the Protective Order and understand th: 1 the terms of the Protective Order obligate me to use materials designated as Confidential 1 accordance with the Protective Order solely for the purposes of the above-referenced litigation, an not to disclose any such Confidential Information to any other person, firm or concern. 3 I declare under penalty of perjury that the foregoing is true and correct. 24 Dated this day of ,202_. 25 Signature: Name (printed): 26 Title/Position: Employer: 27 Address: 28 Page 10 of 10