| || H. Brook Laskey, Esq. (NMSBN 8992) McCoy Leavitt Laskey LLC 2 || 317 Commercial Street NE, Suite 200 Albuquerque, NM 87102 3 || Telephone: (505) 246-0455 blaskkey@mlllaw.com 4 || (Admitted Pro Hac Vice) 5 || Matthew R. Rosek, Esq. (WSBN1039080) McCoy Leavitt Laskey LLC 6 || Riverwood Corporate Center III N19 W24200 Riverwood Drive, Suite 125 7 Waukesha, WI 53188 Telephone: (262) 522-7000 8 || mrosek@mlllaw.com (Admitted Pro Hac Vice) Matthew C. Addison, Esq. (NSBN 4201) 10 || Sarah Ferguson, Esq. (NSBN 14515) McDonald Carano LLP 3 1a 100 West Liberty Street. 10" Floor Reno, NV 89501 Sg 12 |] Telephone: (775) 788-2000 os Facsimile: (775) 788-2020 13 || maddison@mcdonaldcarano.com sferguson@mcdonaldcarano.com 14 Attorneys for Defendant, AmeriGas Propane, L.P. 15 &2
8 18 DELTA SALOON, INC., Case No. 3:1 9-cv-00748-RCJ-WGC A Nevada Corporation. 19 Plaintiff, 20 STIPULATED PROTECTIVE ORDER VS. 2] AMERIGAS PROPANE, INC., a 2D Pennsylvania Corporation; AMERIGAS PROPANE PARTS & SERVICE. INC., a 23 Pennsylvania Corporation; DOES I through X and ROE CORPORATIONS XI through 24 XX, 25 Defendants. 26
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SCOTTSDALE INSURANCE COMPANY, as subrogee of Virginia City 2 Gaming, LLC and Dr. Vincent Malfitano, 3 Plaintiff-In-Intervention, 4 VS. 6 Defendant. 8 || The parties stipulate that the Court may enter the following protective order: 9] 1. Definitions. As used in this protective order: 10 (a) “attorney” means an attorney who has appeared in this action; é 11 (b) “confidential document” means a document designated as confidential under this ig 12 protective order; 13 (c) to “destroy” electronically stored information means to delete from all databases, 14 applications, and file systems so that the information is not accessible without the 15 use of specialized tools or techniques typically used by a forensic expert; 16 (d) “document” means information disclosed or produced in discovery, including at a 17 deposition or in a written discovery response; 3 18 (e) “notice” or “notify” means written notice; 19 (f) “party” means a party to this action; and 20 (g) “protected document” means a document protected by a privilege or the work- 2) product doctrine. 22 || 2. Designating a Document or Deposition as Confidential. 23 (a) A party or non-party disclosing or producing a document may designate it as 24 confidential if the party or non-party contends that it contains confidential or 25 proprietary information. All documents produced by a non-party shall be treated 26 as confidential for a period of ten (10) business days from the date of their 27 production, and during that period any party may designate such documents as 28 confidential pursuant to the terms of this Order.
1 (b) _A party or non-party may designate a document as confidential by conspicuously 2 marking each page with the word “confidential,” or by conspicuously marking a 3 compilation of data or documents in a manner sufficient to provide notice that the 4 entire compilation is confidential. 5 (c) Deposition testimony may be designated as confidential: 6 (1) onthe record at the deposition; or 7 (2) after the deposition, by promptly notifying the parties in writing. 8 (d) If a witness is expected to testify as to confidential or proprietary information, a 9 party or non-party may request that the witness’s deposition be taken in the 10 presence of only those persons entitled to receive confidential documents. 1] jj 3. Who May Receive a Confidential Document. 12 (a) A confidential document may be used only in this action. 13 (b) □□ person receiving a confidential document may reveal it, except to: 4 (1) the court and its staff; i 15 (2) an attorney or an attorney’s partner, associate, or staff; 16 (3) a person shown on the face of the confidential document to have authored 17 or received it; 18 (4) acourt reporter or videographer retained in connection with this action; 19 (5) aparty and a party’s insurance carrier(s) (subject to paragraph 3(c)); and 20 (6) any person who: 21 (A) _ is retained to assist a party or attorney with this action; and 22 (B) signs a declaration that contains the person’s name, address, 23 employer, and title, and that is in substantially this form: 24 I have read, and agree to be bound by, the protective order in the case captioned Delta Systems a/k/a Delta Saloon v. AmeriGas 25 Propane, Inc., et al., 3:19-cv-00748-RCJ-WGC in the United States District Court for the District of Nevada. As soon as my work in 26 connection with that action has ended, but not later than 30 days after the termination of that action (including any appeals), I will 27 return or destroy any confidential document that I received, any copy of or excerpt from a confidential document, and any notes or 28 other document that contains information from a confidential
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1 document. I declare under penalty of perjury that the foregoing is true 2 and correct. 3 (c) A party may supplement the “confidential” mark (see paragraph 2(b)) with the 4 words “attorney’s eyes only,” in which case a confidential document so designated 5 may not be revealed to another party. 6 (d) If a confidential document is revealed to someone not entitled to receive it, the □ 7 parties must make reasonable efforts to retrieve it. 8 || 4. Serving This Protective Order on a Non-Party. A party serving a subpoena on a non- 9 party must simultaneously serve a copy of this protective order on the non-party. 10 |) 5. Correcting an Error in Designation. A party or non-party who discloses or produces a 11 confidential document not designated as confidential may, within 7 days after discovering 12 the error, provide notice of the error and produce a copy of the document designated as BS 13 confidential. 14 |] 6. Use of a Confidential Document in Court. 15 (a) Filing. This protective order does not authorize the filing of any document under 16 seal. A confidential document may be filed only in accordance with Federal and 17 local rules. 18 (b) Presentation at a hearing or trial. A party intending to present another party’s or a 19 non-party’s confidential document at a hearing or trial must promptly notify the 20 other party or the non-party so that the other party or the non-party may seek relief 21 from the court. 22 || 7. Changing a Confidential Document’s Designation. 23 (a) | Document disclosed or produced by a party. A confidential document disclosed or 24 produced by a party remains confidential unless the parties agree to change its 25 designation or the court orders otherwise. 26 (b) Document produced by a non-party. A confidential document produced by a non- 27 party remains confidential unless the non-party agrees to change its designation or 28 the court orders otherwise after providing an opportunity for the non-party to be
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1 heard. 2 (c) Changing a designation by court order. A party who cannot obtain agreement to 3 change a designation may move the court for an order changing the designation. If 4 the motion affects a document produced by a non-party then, with respect to the 5 motion, that non-party is entitled to the same notice and opportunity to be heard as 6 a party. The party or non-party who designated a document as confidential must 7 show that the designation satisfies Fed. R. Civ. P. 26(c). 8 || 8. Handling a Confidential Document after Termination of Litigation. 9 (a) Within 60 days after the termination of this action (including any appeals), each 10 party must: 11 (1) _ return or destroy all confidential documents; and 12 (2) notify the disclosing or producing party that it has returned or destroyed all 13 confidential documents within the 60-day period. g2 14 (b) Notwithstanding paragraph 8(a), each attorney may retain a copy of any 15 confidential document submitted to the court, and all deposition transcripts. 16 || 9.
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| || H. Brook Laskey, Esq. (NMSBN 8992) McCoy Leavitt Laskey LLC 2 || 317 Commercial Street NE, Suite 200 Albuquerque, NM 87102 3 || Telephone: (505) 246-0455 blaskkey@mlllaw.com 4 || (Admitted Pro Hac Vice) 5 || Matthew R. Rosek, Esq. (WSBN1039080) McCoy Leavitt Laskey LLC 6 || Riverwood Corporate Center III N19 W24200 Riverwood Drive, Suite 125 7 Waukesha, WI 53188 Telephone: (262) 522-7000 8 || mrosek@mlllaw.com (Admitted Pro Hac Vice) Matthew C. Addison, Esq. (NSBN 4201) 10 || Sarah Ferguson, Esq. (NSBN 14515) McDonald Carano LLP 3 1a 100 West Liberty Street. 10" Floor Reno, NV 89501 Sg 12 |] Telephone: (775) 788-2000 os Facsimile: (775) 788-2020 13 || maddison@mcdonaldcarano.com sferguson@mcdonaldcarano.com 14 Attorneys for Defendant, AmeriGas Propane, L.P. 15 &2
8 18 DELTA SALOON, INC., Case No. 3:1 9-cv-00748-RCJ-WGC A Nevada Corporation. 19 Plaintiff, 20 STIPULATED PROTECTIVE ORDER VS. 2] AMERIGAS PROPANE, INC., a 2D Pennsylvania Corporation; AMERIGAS PROPANE PARTS & SERVICE. INC., a 23 Pennsylvania Corporation; DOES I through X and ROE CORPORATIONS XI through 24 XX, 25 Defendants. 26
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SCOTTSDALE INSURANCE COMPANY, as subrogee of Virginia City 2 Gaming, LLC and Dr. Vincent Malfitano, 3 Plaintiff-In-Intervention, 4 VS. 6 Defendant. 8 || The parties stipulate that the Court may enter the following protective order: 9] 1. Definitions. As used in this protective order: 10 (a) “attorney” means an attorney who has appeared in this action; é 11 (b) “confidential document” means a document designated as confidential under this ig 12 protective order; 13 (c) to “destroy” electronically stored information means to delete from all databases, 14 applications, and file systems so that the information is not accessible without the 15 use of specialized tools or techniques typically used by a forensic expert; 16 (d) “document” means information disclosed or produced in discovery, including at a 17 deposition or in a written discovery response; 3 18 (e) “notice” or “notify” means written notice; 19 (f) “party” means a party to this action; and 20 (g) “protected document” means a document protected by a privilege or the work- 2) product doctrine. 22 || 2. Designating a Document or Deposition as Confidential. 23 (a) A party or non-party disclosing or producing a document may designate it as 24 confidential if the party or non-party contends that it contains confidential or 25 proprietary information. All documents produced by a non-party shall be treated 26 as confidential for a period of ten (10) business days from the date of their 27 production, and during that period any party may designate such documents as 28 confidential pursuant to the terms of this Order.
1 (b) _A party or non-party may designate a document as confidential by conspicuously 2 marking each page with the word “confidential,” or by conspicuously marking a 3 compilation of data or documents in a manner sufficient to provide notice that the 4 entire compilation is confidential. 5 (c) Deposition testimony may be designated as confidential: 6 (1) onthe record at the deposition; or 7 (2) after the deposition, by promptly notifying the parties in writing. 8 (d) If a witness is expected to testify as to confidential or proprietary information, a 9 party or non-party may request that the witness’s deposition be taken in the 10 presence of only those persons entitled to receive confidential documents. 1] jj 3. Who May Receive a Confidential Document. 12 (a) A confidential document may be used only in this action. 13 (b) □□ person receiving a confidential document may reveal it, except to: 4 (1) the court and its staff; i 15 (2) an attorney or an attorney’s partner, associate, or staff; 16 (3) a person shown on the face of the confidential document to have authored 17 or received it; 18 (4) acourt reporter or videographer retained in connection with this action; 19 (5) aparty and a party’s insurance carrier(s) (subject to paragraph 3(c)); and 20 (6) any person who: 21 (A) _ is retained to assist a party or attorney with this action; and 22 (B) signs a declaration that contains the person’s name, address, 23 employer, and title, and that is in substantially this form: 24 I have read, and agree to be bound by, the protective order in the case captioned Delta Systems a/k/a Delta Saloon v. AmeriGas 25 Propane, Inc., et al., 3:19-cv-00748-RCJ-WGC in the United States District Court for the District of Nevada. As soon as my work in 26 connection with that action has ended, but not later than 30 days after the termination of that action (including any appeals), I will 27 return or destroy any confidential document that I received, any copy of or excerpt from a confidential document, and any notes or 28 other document that contains information from a confidential
ween 5 nie
1 document. I declare under penalty of perjury that the foregoing is true 2 and correct. 3 (c) A party may supplement the “confidential” mark (see paragraph 2(b)) with the 4 words “attorney’s eyes only,” in which case a confidential document so designated 5 may not be revealed to another party. 6 (d) If a confidential document is revealed to someone not entitled to receive it, the □ 7 parties must make reasonable efforts to retrieve it. 8 || 4. Serving This Protective Order on a Non-Party. A party serving a subpoena on a non- 9 party must simultaneously serve a copy of this protective order on the non-party. 10 |) 5. Correcting an Error in Designation. A party or non-party who discloses or produces a 11 confidential document not designated as confidential may, within 7 days after discovering 12 the error, provide notice of the error and produce a copy of the document designated as BS 13 confidential. 14 |] 6. Use of a Confidential Document in Court. 15 (a) Filing. This protective order does not authorize the filing of any document under 16 seal. A confidential document may be filed only in accordance with Federal and 17 local rules. 18 (b) Presentation at a hearing or trial. A party intending to present another party’s or a 19 non-party’s confidential document at a hearing or trial must promptly notify the 20 other party or the non-party so that the other party or the non-party may seek relief 21 from the court. 22 || 7. Changing a Confidential Document’s Designation. 23 (a) | Document disclosed or produced by a party. A confidential document disclosed or 24 produced by a party remains confidential unless the parties agree to change its 25 designation or the court orders otherwise. 26 (b) Document produced by a non-party. A confidential document produced by a non- 27 party remains confidential unless the non-party agrees to change its designation or 28 the court orders otherwise after providing an opportunity for the non-party to be
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1 heard. 2 (c) Changing a designation by court order. A party who cannot obtain agreement to 3 change a designation may move the court for an order changing the designation. If 4 the motion affects a document produced by a non-party then, with respect to the 5 motion, that non-party is entitled to the same notice and opportunity to be heard as 6 a party. The party or non-party who designated a document as confidential must 7 show that the designation satisfies Fed. R. Civ. P. 26(c). 8 || 8. Handling a Confidential Document after Termination of Litigation. 9 (a) Within 60 days after the termination of this action (including any appeals), each 10 party must: 11 (1) _ return or destroy all confidential documents; and 12 (2) notify the disclosing or producing party that it has returned or destroyed all 13 confidential documents within the 60-day period. g2 14 (b) Notwithstanding paragraph 8(a), each attorney may retain a copy of any 15 confidential document submitted to the court, and all deposition transcripts. 16 || 9. Inadvertent Disclosure or Production to a Party of a Protected Document. 17 (a) Notice. g 18 (1) A party or non-party who discovers that it has inadvertently disclosed or 19 produced a protected document must promptly notify the receiving party 20 and describe the basis of the claim of privilege or protection. If the party 21 or non-party provides such notice and description, the privilege or 22 protection is not waived. 23 (2) A party who discovers that it may have received an inadvertently disclosed 24 or produced protected document must promptly notify the disclosing or 25 producing party or non-party. 26 (b) Handling of Protected Document. A party who is notified or discovers that it may 27 have received a protected document must comply with Fed. R. Civ. P. 26(b)(5)(B). 28 | ///
1 || 10. Security Precautions and Data Breaches. 2 (a) Each party must make reasonable efforts to protect the confidentiality of any 3 confidential document disclosed or produced to that party. 4 (b) A party who learns of a breach of confidentiality must promptly notify the 5 disclosing or producing party of the scope and nature of that breach and make 6 reasonable efforts to remedy the breach. 7 \| 11. Survival of Obligations. The obligations imposed by this protective order survive the 8 termination of this action. 9 Dated this 2" day of June, 2021. JAHRMARKT & ASSOCIATES 10 2049 Century Park East, Suite 2525 5 Los Angeles, California 90067 NH! Z| 3 ze 13 JOHN JAHRMARKT, ESQ. (CA SBN 175569) rok Pro Hac Vice Attorneys for Plaintiff of 614 Delta Saloon, Inc. z8 - In association with — 15 by «(16 BLUT LAW GROUP O| 300 S. Fourth Street, Ste. 701 Q 17 Las Vegas, NV 89101
9 LUCE. Clad ELLIOT S, BLUT — NSB No. 6570 20 Attorneys for Plaintiff Delta Saloon, Inc. 21 22 qyw Dated this | day of June, 2021. 23 McDONALD CARANO LLP 24 100 West Liberty Street, 10" Floor . Reno, Nevada 8950! 25 26 , A Ay ATTHEW C. ISON — NSB No-4201 27 ARAH A. FERGUSON - NSB No. 14515 ‘Attorneys for Defendants 28 - In association with -
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MCCOY LEAVITT LASKEY LLC 2 317 Commercial Street NE, Suite 200 Albuquerque, NM 87102 3 and N19 W2400 Riverwood Drive, Suite 125 4 Waukesha, W143 188 . BROOK LASKEY, Admitted PHV 6 MATTHEW R. ROSEK, Admitted PHV Attorneys for Defendants Dated this 1 DPhday of June, 2021. BAUMAN LOEWE WITT & MAXWELL, PLLC 9 3650 N. Rancho Drive, Suite 114 Las Vegas, NV 89130 10
4 KENNETH W. MAXWELL — NSB No. 9389 12 PAUL T. LANDIS — NSB No. 10651 58 Attorneys for Plaintiff-In-Intervention 13 Scottsdale Insurance gf 14
16 #2 17
18 19 20 21 22 23 24
4841-2543-4092, v. 1 26 27 28
1 Dated this 3° day of June, 2021. 2 BAUMAN LOEWE WITT & MAXWELL, PLLC 3650 N. Rancho Drive, Suite 114 3 Las Vegas, NV 89130 4 o/ 5 K H W. MAXWELL -— NSB No. 9389 PAUL T. LANDIS — NSB No. 10651 6 Attorneys for Plaintiff-In-Intervention Scottsdale Insurance Paragraph 6(a) is modified to reflect that any motion regarding filing confidential information 9 || and motions to seal shall comply with LR IA 10-5 and the requirements of Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006). See also, Center for Auto Safety v. Chrysler 10 || Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016). 8 1] Paragraph 11 is modified to reflect that although the parties may agree to be bound by the g 2 confidentiality terms of this Order beyond the conclusion of this lawsuit, the dismissal of this action #8 will terminate the jurisdiction of this court.
SE 14 IT IS SO ORDERED. #3 15
ee 16 Wut 6. Cob
ue 7 U.S. MAGISTRATE JUDGE
3 18 DATED:_June 21, 2021 19 || 4841-2543-4092, v. 1 20 21 22 23 24 25 26 27 28
1 || H. Brook Laskey, Esq. (NMSBN 8992) McCoy Leavitt Laskey LLC 2 || 317 Commercial Street NE, Suite 200 Albuquerque, NM 87102 3 || Telephone: (505) 246-0455 blaskey@mlllaw.com 4 || (Admitted Pro Hac Vice) 5 || Matthew R. Rosek, Esq. (WSBN1039080) McCoy Leavitt Laskey LLC 6 || Riverwood Corporate Center III N19 W24200 Riverwood Drive, Suite 125 7 || Waukesha, WI 53188 Telephone: (262) 522-7000 8 || mrosek@mlllaw.com (Admitted Pro Hac Vice) Matthew C. Addison, Esq. (NSBN 4201) 10 || Sarah Ferguson, Esq. (NSBN 14515) = McDonald Carano LLP 11 || 100 West Liberty Street, 10 Floor 4 Reno, NV 89501 Se 12 |) Telephone: (775) 788-2000 58 Facsimile: (775) 788-2020 13 || maddison@mcdonaldcarano.com sferguson@mcedonaldcarano.com 14 x8 Attorneys for Defendant, AmeriGas Propane, L.P. as 15 me =" 17 FOR THE DISTRICT OF NEVADA 18 DELTA SALOON, INC., Case No. 3:19-cv-00748-RCJ-WGC A Nevada Corporation, 19 Plaintiff, 20 AGREEMENT TO BE BOUND BY vs. PROTECTIVE ORDER 21 AMERIGAS PROPANE, INC., a 22 Pennsylvania Corporation; AMERIGAS PROPANE PARTS & SERVICE, INC., a 23 Pennsylvania Corporation; DOES I through X and ROE CORPORATIONS XI through 24 XX, 25 Defendants. 26 27 28
COMPANY, as subrogee of Virginia City 2 Gaming, LLC and Dr. Vincent Malfitano, 3 Plaintiff-In-Intervention, 4 VS. 6 Defendant. 8 I have read, and agree to be bound by, the Protective Order in the above captioned case 9 || (the “Action”). As soon as my work in connection with the Action has ended, but not later than 10 || 30 days after the termination of the Action (including any appeals), I will return or destroy any 8 11 || confidential document that I received, any copy of or excerpt from a confidential document, and
g 12 || any notes or other document that contains information from a confidential document.
13 I declare under penalty of perjury that the foregoing 1s true and correct. 4 Ss || Dated: ,2021 Hs Signature by 16 me — lo = 17 Printed Name z 8 18 19 20 21 22 33 || 4850-2255-6396, v. 4 24 25 26 27 28