1 Jason D. Guinasso, Esq. (8478) Tyson D. League, Esq. (13366) 2 HUTCHISON & STEFFEN, PLLC 500 Damonte Ranch Parkway, Suite 980 3 Reno, NV 89521 Tel: (775) 853-8746 4 Fax: (775) 201-9611 5 jguinasso@hutchlegal.com 6 Todd W. Prall, Esq. (9154) HUTCHISON & STEFFEN, PLLC 7 Peccole Professional Park 8 10080 West Alta Drive, Suite 200 Las Vegas, NV 89145 9 Tel: (702) 385-2500 Fax: (702) 385-2086 10 tprall@hutchlegal.com 11 Attorneys for defendant CF USA GLOBAL HOLDINGS, LLC, dba, THE COFFEE CHERRY COMPANY 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 LEACH LOGISTICS, INC. CASE NO.: 3:21-cv-00237-MMD-CLB 16 Plaintiff, 17 STIPULATED PROTECTIVE ORDER vs. 18 CF USA, INC., dba, THE COFFEE CHERRY 19 COMPANY, and DOES 1 through 25, inclusive, 20 Defendant. 21 ___________________________________ 22 CF USA GLOBAL HOLDINGS, LLC dba THE COFFEE CHERRY COMPANY, 23 Counter-claimant, 24 vs. 25 LEACH LOGISTICS, INC. 26 Counter-defendant. 27 1 1. PURPOSES AND LIMITATIONS 2 Discovery in this action involves production of confidential, proprietary, or private 3 information for which special protection is be warranted. Accordingly, the parties hereby 4 stipulate to and petition the court to enter the following Stipulated Protective Order. It does not 5 confer blanket protection on all disclosures or responses to discovery, the protection it affords 6 from public disclosure and use extends only to the limited information or items that are entitled to 7 confidential treatment under the applicable legal principles, and it does not presumptively entitle 8 parties to file confidential information under seal. 9 2. “CONFIDENTIAL” MATERIAL 10 “Confidential” material shall include the following documents and tangible things 11 produced or otherwise exchanged by either party or relating to either parties business, assuming 12 such items do in fact exist. Neither party is waiving any right to object to the disclosure of the 13 items listed below: 14 • Any and all proprietary commercial and financial information including, without 15 limitation, any information relating to future or proposed business services or products, technical 16 data, source code, know-how, including any research, products, services, developments, 17 inventions, processes, methods, techniques, designs, specifications, systems architecture, 18 distribution, engineering, marketing plans/strategies, business plans, financial, merchandising 19 and/or sales information, pricing information and customer lists. 20 • Any trade secrets or other similar information, which is defined as information, 21 including, without limitation, a formula, pattern, compilation, program, device, method, 22 technique, product, system, process, design, prototype, procedure, computer programming 23 instruction or code that: (1) Derives independent economic value, actual or potential, from not 24 being generally known to, and not being readily ascertainable by proper means by the public or 25 any other persons who can obtain commercial or economic value from its disclosure or use; and 26 (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. 27 Although this list is intended to be construed liberally, the Parties both reserve the right to 1 supplement this list via stipulation during discovery. Any additional identified materials will be 2 subject to this Stipulated Protective Order. 3 3. SCOPE 4 The protections conferred by this agreement cover not only confidential material (as 5 defined above), but also (1) any information copied or extracted from confidential material; (2) all 6 copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony, 7 conversations, or presentations by parties or their counsel that might reveal confidential material. 8 However, the protections conferred by this agreement do not cover information that is in the 9 public domain or becomes part of the public domain through trial or otherwise. 10 4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL 11 4.1 Basic Principles. A receiving party may use confidential material that is disclosed 12 or produced by another party or by a non-party in connection with this case only for prosecuting, 13 defending, or attempting to settle this litigation. Confidential material may be disclosed only to 14 the categories of persons and under the conditions described in this agreement. Confidential 15 material must be stored and maintained by a receiving party at a location and in a secure manner 16 that ensures that access is limited to the persons authorized under this agreement. 17 4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 18 ordered by the court or permitted in writing by the designating party, a receiving party may 19 disclose any confidential material only to: 20 (a) the receiving party’s counsel of record in this action, as well as employees of 21 counsel to whom it is reasonably necessary to disclose the information for this litigation; 22 (b) the officers, directors, and employees (including in house counsel) of the receiving 23 party to whom disclosure is reasonably necessary for this litigation, unless the parties agree that a 24 particular document or material produced is for Attorney’s Eyes Only and is so designated; 25 (c) experts and consultants to whom disclosure is reasonably necessary for this 26 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (d) the court, court personnel, and court reporters and their staff; 1 (e) copy or imaging services retained by counsel to assist in the duplication of 2 confidential material, provided that counsel for the party retaining the copy or imaging service 3 instructs the service not to disclose any confidential material to third parties and to immediately 4 return all originals and copies of any confidential material; 5 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 6 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 7 unless otherwise agreed by the designating party or ordered by the court. Pages of transcribed 8 deposition testimony or exhibits to depositions that reveal confidential material must by 9 separately bound by the court reporter and may not be disclosed to anyone except as permitted 10 under this agreement; 11 (g) the author or recipient of a document containing the information or a custodian or 12 other person who otherwise possessed or knew the information. 13 4.3 Filing Confidential Material. Before filing confidential material or discussing or 14 referencing such material in court filings, the filing party shall confer with the designating party 15 to determine whether the designating party will remove the confidential designation, whether 16 the document can be redacted, or whether a motion to seal or stipulation and proposed order is 17 warranted. 18 5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for Protection. 20 Each party or non-party that designated information or items for protection under this 21 agreement must take care to limit any such designation to specific material that qualifies under the 22 appropriate standards. The designating party must designate for protection only those parts of 23 material, documents, items, or oral or written communications that qualify, so that other portions 24 of the material, documents, items, or communications for which protection is not warranted are 25 not swept unjustifiably within the ambit of this agreement. 26 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 27 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 1 unnecessarily encumber or delay the case development process or to impose unnecessary 2 expenses and burdens on other parties) expose the designating party to sanctions.
Free access — add to your briefcase to read the full text and ask questions with AI
1 Jason D. Guinasso, Esq. (8478) Tyson D. League, Esq. (13366) 2 HUTCHISON & STEFFEN, PLLC 500 Damonte Ranch Parkway, Suite 980 3 Reno, NV 89521 Tel: (775) 853-8746 4 Fax: (775) 201-9611 5 jguinasso@hutchlegal.com 6 Todd W. Prall, Esq. (9154) HUTCHISON & STEFFEN, PLLC 7 Peccole Professional Park 8 10080 West Alta Drive, Suite 200 Las Vegas, NV 89145 9 Tel: (702) 385-2500 Fax: (702) 385-2086 10 tprall@hutchlegal.com 11 Attorneys for defendant CF USA GLOBAL HOLDINGS, LLC, dba, THE COFFEE CHERRY COMPANY 12 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 LEACH LOGISTICS, INC. CASE NO.: 3:21-cv-00237-MMD-CLB 16 Plaintiff, 17 STIPULATED PROTECTIVE ORDER vs. 18 CF USA, INC., dba, THE COFFEE CHERRY 19 COMPANY, and DOES 1 through 25, inclusive, 20 Defendant. 21 ___________________________________ 22 CF USA GLOBAL HOLDINGS, LLC dba THE COFFEE CHERRY COMPANY, 23 Counter-claimant, 24 vs. 25 LEACH LOGISTICS, INC. 26 Counter-defendant. 27 1 1. PURPOSES AND LIMITATIONS 2 Discovery in this action involves production of confidential, proprietary, or private 3 information for which special protection is be warranted. Accordingly, the parties hereby 4 stipulate to and petition the court to enter the following Stipulated Protective Order. It does not 5 confer blanket protection on all disclosures or responses to discovery, the protection it affords 6 from public disclosure and use extends only to the limited information or items that are entitled to 7 confidential treatment under the applicable legal principles, and it does not presumptively entitle 8 parties to file confidential information under seal. 9 2. “CONFIDENTIAL” MATERIAL 10 “Confidential” material shall include the following documents and tangible things 11 produced or otherwise exchanged by either party or relating to either parties business, assuming 12 such items do in fact exist. Neither party is waiving any right to object to the disclosure of the 13 items listed below: 14 • Any and all proprietary commercial and financial information including, without 15 limitation, any information relating to future or proposed business services or products, technical 16 data, source code, know-how, including any research, products, services, developments, 17 inventions, processes, methods, techniques, designs, specifications, systems architecture, 18 distribution, engineering, marketing plans/strategies, business plans, financial, merchandising 19 and/or sales information, pricing information and customer lists. 20 • Any trade secrets or other similar information, which is defined as information, 21 including, without limitation, a formula, pattern, compilation, program, device, method, 22 technique, product, system, process, design, prototype, procedure, computer programming 23 instruction or code that: (1) Derives independent economic value, actual or potential, from not 24 being generally known to, and not being readily ascertainable by proper means by the public or 25 any other persons who can obtain commercial or economic value from its disclosure or use; and 26 (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. 27 Although this list is intended to be construed liberally, the Parties both reserve the right to 1 supplement this list via stipulation during discovery. Any additional identified materials will be 2 subject to this Stipulated Protective Order. 3 3. SCOPE 4 The protections conferred by this agreement cover not only confidential material (as 5 defined above), but also (1) any information copied or extracted from confidential material; (2) all 6 copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony, 7 conversations, or presentations by parties or their counsel that might reveal confidential material. 8 However, the protections conferred by this agreement do not cover information that is in the 9 public domain or becomes part of the public domain through trial or otherwise. 10 4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL 11 4.1 Basic Principles. A receiving party may use confidential material that is disclosed 12 or produced by another party or by a non-party in connection with this case only for prosecuting, 13 defending, or attempting to settle this litigation. Confidential material may be disclosed only to 14 the categories of persons and under the conditions described in this agreement. Confidential 15 material must be stored and maintained by a receiving party at a location and in a secure manner 16 that ensures that access is limited to the persons authorized under this agreement. 17 4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise 18 ordered by the court or permitted in writing by the designating party, a receiving party may 19 disclose any confidential material only to: 20 (a) the receiving party’s counsel of record in this action, as well as employees of 21 counsel to whom it is reasonably necessary to disclose the information for this litigation; 22 (b) the officers, directors, and employees (including in house counsel) of the receiving 23 party to whom disclosure is reasonably necessary for this litigation, unless the parties agree that a 24 particular document or material produced is for Attorney’s Eyes Only and is so designated; 25 (c) experts and consultants to whom disclosure is reasonably necessary for this 26 litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 27 (d) the court, court personnel, and court reporters and their staff; 1 (e) copy or imaging services retained by counsel to assist in the duplication of 2 confidential material, provided that counsel for the party retaining the copy or imaging service 3 instructs the service not to disclose any confidential material to third parties and to immediately 4 return all originals and copies of any confidential material; 5 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 6 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 7 unless otherwise agreed by the designating party or ordered by the court. Pages of transcribed 8 deposition testimony or exhibits to depositions that reveal confidential material must by 9 separately bound by the court reporter and may not be disclosed to anyone except as permitted 10 under this agreement; 11 (g) the author or recipient of a document containing the information or a custodian or 12 other person who otherwise possessed or knew the information. 13 4.3 Filing Confidential Material. Before filing confidential material or discussing or 14 referencing such material in court filings, the filing party shall confer with the designating party 15 to determine whether the designating party will remove the confidential designation, whether 16 the document can be redacted, or whether a motion to seal or stipulation and proposed order is 17 warranted. 18 5. DESIGNATING PROTECTED MATERIAL 19 5.1 Exercise of Restraint and Care in Designating Material for Protection. 20 Each party or non-party that designated information or items for protection under this 21 agreement must take care to limit any such designation to specific material that qualifies under the 22 appropriate standards. The designating party must designate for protection only those parts of 23 material, documents, items, or oral or written communications that qualify, so that other portions 24 of the material, documents, items, or communications for which protection is not warranted are 25 not swept unjustifiably within the ambit of this agreement. 26 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 27 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 1 unnecessarily encumber or delay the case development process or to impose unnecessary 2 expenses and burdens on other parties) expose the designating party to sanctions. 3 If it comes to a designating party’s attention that information or items that it designated for 4 protection do not qualify for protection, the designating party must promptly notify all other 5 parties that it is withdrawing the mistaken designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in this 7 agreement (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or 8 ordered, disclosure or discovery material that qualifies for protection under this agreement must 9 be clearly so designated before or when the material is disclosed or produced. 10 (a) Information in documentary form: (e.g., paper or electronic documents and 11 depositions exhibits, but excluding transcripts of depositions or other pretrial or trial 12 proceedings), the designating party must affix the word “CONFIDENTIAL” to each page that 13 contains confidential material. If only a portion or portions of the material on a page qualifies for 14 protection, the producing party also must clearly identify the protected portion(s) (e.g., by making 15 appropriate markings in the margins). 16 (b) Testimony given in deposition or in other pretrial or trial proceedings: the 17 parties must identify on the record, during the deposition, hearing, or other proceeding, all 18 protected testimony, without prejudice to their right to so designate other testimony after 19 reviewing the transcript. Any party or non-party may, within fifteen days after receiving a 20 deposition transcript, designate portions of the transcript, or exhibits thereto, as confidential. 21 (c) Other tangible items: the producing party must affix in a prominent place on the 22 exterior of the container or containers in which the information or item is stored the word 23 “CONFIDENTIAL.” If only a portion or portions of the information or item warrant protection, 24 the producing party, to the extent practicable, shall identify the protected portion(s). 25 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 26 designate qualified information or items does not, standing alone, waive the designating party’s 27 right to secure protection under this agreement for such material. Upon timely correction of a 1 designation, the receiving party must make reasonable efforts to ensure that the material is treated 2 in accordance with the provisions of this agreement. 3 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 4 6.1 Timing of Challenges. Any party or non-party may challenge a designation of 5 confidentiality at any time. Unless a prompt challenge to a designating party’s confidentiality 6 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 7 burdens, or a significant disruption or delay of the litigation, a party does not waive its right to 8 challenge a confidentiality designation by electing not to mount a challenge promptly after the 9 original designation is disclosed. 10 6.2 Meet and Confer. The parties must make every attempt to resolve any dispute 11 regarding confidential designations or for a protective order must include a certification, in the 12 motion or in a declaration or affidavit, that the movant has engaged in a good faith meet and 13 confer conference with other affected parties in an effort to resolve the dispute without court 14 action. The certification must list the date, manner, and participants to the conference. A good 15 faith effort to confer requires a face-to-face meeting or a telephone conference. 16 6.3 Judicial Intervention. If the parties cannot resolve a challenge without court 17 intervention, the designating party may file and serve a motion to retain the confidentiality of the 18 designated documents. The burden of persuasion in any such motion shall be on the designating 19 party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose 20 unnecessary expenses and burdens on other parties) may expose the challenging party to 21 sanctions. All parties shall continue to maintain the material in question as confidential until the 22 court rules on the challenge. 23 7. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 24 LITIGATION 25 If a party is served with a subpoena or a court order issued in other litigation that compels 26 disclosure of any information or items designated in this action as “CONFIDENTIAL,” that party 27 must: 1 (a) promptly notify the designating party in writing and include a copy of the subpoena 2 or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order to issue in 4 the other litigation that some or all of the material covered by the subpoena or order is subject to 5 this agreement. Such notification shall include a copy of this agreement; and 6 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 7 designating party whose confidential material may be affected. 8 8. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 9 If a receiving party learns that, by inadvertence or otherwise, it had disclosed confidential 10 material to any person or in any circumstance not authorized under this agreement, the receiving 11 party must immediately (a) notify in writing the designating party of the unauthorized disclosures, 12 (b)use its best efforts to retrieve all unauthorized copies of the protected material, (c) inform the 13 person or persons to whom unauthorized disclosures were made of all the terms of this agreement, 14 and (d) request that such person or persons execute the “Acknowledgment and Agreement to Be 15 Bound” that is attached hereto as Exhibit A. 16 9. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 17 MATERIAL 18 When a producing party gives notice to receiving parties that certain inadvertently 19 produced material is subject to a claim of privilege or other protection, the receiving party must 20 promptly return or destroy the specified information and any copies it has; must not use or 21 disclose the information; must take reasonable steps to retrieve the information if the party 22 disclosed it before being notified; and may promptly present the information to the court under 23 seal for a determination of the claim. The producing party must preserve the information until the 24 claim is resolved. 25 This provision is not intended to modify whatever procedure may be established in an e- 26 discovery order or agreement that provides for production without prior privilege review. 27 / / / 1 10. NON TERMINATION AND RETURN OF DOCUMENTS 2 Within 60 days after the termination of this action, including all appeals, each receiving 3 party must return all confidential material to the producing party, including all copies, extracts 4 and summaries thereof. Alternatively, the parties may agree upon appropriate methods of 5 destruction. 6 Notwithstanding this provision, counsel are entitle to retain one archival copy of all 7 documents filed with the court, trial, deposition, and hearing transcripts, correspondence, 8 deposition and trial exhibits, expert reports, attorney work product, and consultant and expert 9 work product, even if such materials contain confidential material. 10 The confidentiality obligation imposed by this agreement shall remain in effect until a 11 designating party agrees otherwise in writing or a court orders otherwise. 12 11. ADDITIONAL PROVISIONS. 13 Nonwaiver: This stipulation is not, and shall not be interpreted as, a waiver by Plaintiff of 14 any discovery rights or right to compel further production of documents. This stipulation is not, 15 and shall not be interpreted as, a waiver by The Coffee Cherry Company to claim in this lawsuit 16 or otherwise that the confidential materials described herein are privileged or otherwise 17 nondiscoverable, or inadmissible. 18 Violation or Order: Upon an alleged violation of this stipulated protective order, the Court 19 on its own motion or on the motion of any party, may grant relief as it deems appropriate in law 20 or equity. Should any provision of this stipulation or protective order be stricken or held 21 invalid by any Court of competent jurisdiction, all remaining provisions shall remain in full force 22 and effect. 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / l IT IS SO STIPULATED. 2 || Dated this 27" day of July, 2021. Dated this 27" day of July, 2021. 3 || /s/ Stephen G. Castronova /s/ Todd W. Prall 4 Stephen G. Castronova (7305) Jason D. Guinasso, Esq. (8478) 5 CASTRONOVA LAW OFFICES Tyson D. League, Esq. (13366) 605 Forest Street HUTCHISON & STEFFEN, PLLC 6 || Reno, NV 89509 500 Damonte Ranch Parkway, Suite 980 Reno, NV 89521 7 || Attorneys for Plaintiff/Counter-defendant LEACH LOGISTICS, INC. Todd W. Prall, Esq. (9154) 8 HUTCHISON & STEFFEN, PLLC 9 Peccole Professional Park 10080 West Alta Drive, Suite 200 10 Las Vegas, NV 89145 11 Attorneys for Defendant/Counter-claimant D CF USA GLOBAL HOLDINGS, LLC dba THE COFFEE CHERRY COMPANY 13 Paragraph 4.3 is modified to reflect that any motions to seal shall comply with 15 LR IA 10-5 and the requirements of Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006) and Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th ¢ 16 2016). 17 The Court's jurisdiction over this protective order shall cease upon termination of this case. 18 ORDER 19 IT IS SO ORDERED. 20 21
22 23 UNITED STATES\MAGISTRATE JUDGE “ DATED:_ July 30, 2021 25 26 27 28
1 EXHIBIT A 2 AGREEMENT CONCERNING MATERIAL COVERED BY A PROTECTIVE ORDER AND ORDER ENTERED IN THE UNITED STATES DISTRICT COURT, 3 DISTRICT OF NEVADA 4 I, the undersigned, hereby acknowledge that I have read the Stipulated Protective Order 5 entered in the United States District Court, District of Nevada in Case No. 3:21-cv-00237-MMD- 6 CLB and understand the terms thereof and agree to be bound by all such terms. Without limiting 7 8 the generality of the foregoing, I agree not to disclose to any person or entity not authorized to 9 receive such “Confidential Information,” pursuant to the terms of said Stipulated Protective 10 Order, any document or any information designated as “Confidential Information” or any copies 11 of extracts or information derived therefrom, which have been disclosed to me. I further agree to 12 use any information disclosed to me in connection with the above-mentioned case solely for the 13 purpose of this case and for no other purposes. 14 The undersigned hereby irrevocably submits his/her person to the jurisdiction of the 15 16 United States District Court, District of Nevada for the purpose of enforcing said Stipulated 17 Protective Order: 18 Date: _____________ Signature:____________________________ 19 20 Type or print name: ____________________ 21 22 23 24 25 26 27