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1WANTHONY L. HALL, ESQ. Nevada Bar No. 5977 2 AHall@SHJNevada.com RICARDO N. CORDOVA, ESQ. 3 Nevada Bar No. 11942 RCordova@SHJNevada.com 41SIMONS HALL JOHNSTON PC 6490 S. McCarran Blvd., Ste. F-46 5iiReno, Nevada 89509 Telephone: (775) 785-0088 6 Attorneys for Plaintiff Jaime Martorell THE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 10 JAIME MARTORELL, an individual, Case No.: 3:19-cv-00523-LRH-CLB 1] □ Plaintiff v 12 [PROPOSED] CONFIDENTIALITY > y AGREEMENT AND STIPULATION Ot 13) FOR ENTRY OF A QUALIFIED oo, PROTECTIVE ORDER 14 DEBASHIS BAGCHI, an individual, and Z JON BENGSTON, an individual, S Defendants. EERE 16 17 ° 18 Plaintiff Jaime Martorell (“Plaintiff’ or “Martorell”) and Defendants Debashis Bagchi anc 19 Jon Bengston (“Defendants”) (collectively, at times, the “Parties”), by and through their respective 20 counsel, agree as follows: 21 1. During the course of this litigation, a party may produce or disclose documents 22\| materials, and information (collectively, “Information”) which are confidential and contain persona 3 information. Similarly, such Information may be disclosed by written discovery, depositior 24 testimony (to the extent taken), or in other filings with the Court. Accordingly, the parties submi 95] this Confidentiality Agreement and Stipulation for Entry of a Qualified Protective Order (th 26 “Order”) for the approval and enforcement of the Court and hereby agree as follows: 27 2. All Information produced in this litigation and designated as “Confidential” a 28 provided below shall be used solely for the purpose of the litigation in which the Parties are involved
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1] and will not be used or disclosed outside the context of such litigation. For purposes of clarity, the 2 Parties are currently involved in three suits, consisting of (1) the instant action, (2) an action in the 3} Second Judicial District Court for the District of Nevada, captioned Jaime Martorell, as trustee of 4 the Martorell Family Trust v. AirWire Technologies, Case No. CV19-00974, and (3) an arbitration 5 proceeding, captioned Jaime Martorell v. AirWire Technologies, AAA Case No. 01-19-0001-4781. 6 Any person receiving such Information designated as Confidential shall restrict its disclosure to 7 persons authorized to receive the Information designated as “Confidential” pursuant to this Order. 8 A Confidential designation is applicable to all copies and reproductions of any Information. Nothing 9 herein shall be deemed to restrict the right of the producing party to use its own Information that it 10 has designated as Confidential as it chooses. Nothing in this Order requires either party to produce 11{| Information the party believes is privileged or otherwise non-discoverable. By entering into this Y 12] Order, the parties do not waive any right to object to any discovery request, to the admission of é □□□ evidence on any ground, to seek further protective order, or to seek relief from the Court from any 14} provision of this Order. : ; 15 3. Definition of Confidential Information: A producing party may designate as x 3 3 3 16|| Confidential such Information which the producing party believes in good faith constitutes, contains, 2 a 17]| or reflects personal information or financial information about a party or other person, or □□□□□ information that is not generally known to the public. 19 4. Designating Information as Confidential: All or any part of a document, item. testimony, or other Information disclosed, produced, or filed in this litigation may be designated as 21 Confidential by any Party, regardless of who disclosed, produced, or filed the document, by marking 22 the word “Confidential” on the face of the original of the document and each page so designated, or 23 on the face of the photocopy of the document, and on the photocopies of each page so designated, 24 except as to documents containing more than twenty (20) pages, in which case marking the top page 25 as Confidential will suffice. Oral testimony may be designated as Confidential during the depositior 26] or proceeding, with reasonable precision as to the affected testimony, or within seven (7) busines: 27 days after receipt of the transcript of such deposition or proceeding by sending written notice 28 designating, by page and line, the portions of the transcript of the deposition or other testimony tc
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1 be treated as Confidential. All or any part of responses to interrogatories or to requests for admission or for production of documents may be designated as Confidential on the face of the response and each page so designated. 4 5. Challenging a Designation: Either of the Parties may challenge at any time the propriety of a designation of Information as Confidential. Before seeking relief from the Court, the 6 Parties shall attempt to resolve the dispute informally and in good faith. If the Parties are unable to 7 resolve such dispute, it shall be submitted to the Court. The Information shall be treated as 8 Confidential pending resolution of the challenge. 9 6. No Implied Acknowledgement of Confidentiality: Compliance with the terms of this 10 ] Order, production or receipt of Information designated Confidential, and/or allowing Information to 11 be designated Confidential shall not in any way operate as an admission that any particular 12 Information is Confidential. Failure to challenge the designation of Information as Confidential 3 2 13|| does not preclude a subsequent challenge. The designation of Information as Confidential does not z 2 5 14]| create a presumption in favor of or against that designation. 15 7. Agcess to Information Designated Confidential Which Does Not Constitute Persona 5 16|| Information: Access to Information designated Confidential, but not including personal information, z 2 a 17i\ is restricted to the following persons: 18 (a) Counsel of record for the respective parties, including office associates, 19 paralegals, stenographic and clerical employees; 20 (b) The parties to this action and their representatives, including □□□□□□□□ 21 counsel; 22 (c) Experts or consultants (including their employees, associates, and/or suppor 23 staff) who are employed, retained or otherwise consulted by counsel or a party for the 24 purpose of analyzing data, conducting studies, or providing opinions to assist in any way it 25 the litigation. Information designated Confidential that is accessed by experts or consultant: 26 shall be limited to documents that the experts or consultants reasonably need to review it 27 their roles as experts or consultants; 28 (d) Electronic imaging and/or computer litigation support personnel retained by
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1WANTHONY L. HALL, ESQ. Nevada Bar No. 5977 2 AHall@SHJNevada.com RICARDO N. CORDOVA, ESQ. 3 Nevada Bar No. 11942 RCordova@SHJNevada.com 41SIMONS HALL JOHNSTON PC 6490 S. McCarran Blvd., Ste. F-46 5iiReno, Nevada 89509 Telephone: (775) 785-0088 6 Attorneys for Plaintiff Jaime Martorell THE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 10 JAIME MARTORELL, an individual, Case No.: 3:19-cv-00523-LRH-CLB 1] □ Plaintiff v 12 [PROPOSED] CONFIDENTIALITY > y AGREEMENT AND STIPULATION Ot 13) FOR ENTRY OF A QUALIFIED oo, PROTECTIVE ORDER 14 DEBASHIS BAGCHI, an individual, and Z JON BENGSTON, an individual, S Defendants. EERE 16 17 ° 18 Plaintiff Jaime Martorell (“Plaintiff’ or “Martorell”) and Defendants Debashis Bagchi anc 19 Jon Bengston (“Defendants”) (collectively, at times, the “Parties”), by and through their respective 20 counsel, agree as follows: 21 1. During the course of this litigation, a party may produce or disclose documents 22\| materials, and information (collectively, “Information”) which are confidential and contain persona 3 information. Similarly, such Information may be disclosed by written discovery, depositior 24 testimony (to the extent taken), or in other filings with the Court. Accordingly, the parties submi 95] this Confidentiality Agreement and Stipulation for Entry of a Qualified Protective Order (th 26 “Order”) for the approval and enforcement of the Court and hereby agree as follows: 27 2. All Information produced in this litigation and designated as “Confidential” a 28 provided below shall be used solely for the purpose of the litigation in which the Parties are involved
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1] and will not be used or disclosed outside the context of such litigation. For purposes of clarity, the 2 Parties are currently involved in three suits, consisting of (1) the instant action, (2) an action in the 3} Second Judicial District Court for the District of Nevada, captioned Jaime Martorell, as trustee of 4 the Martorell Family Trust v. AirWire Technologies, Case No. CV19-00974, and (3) an arbitration 5 proceeding, captioned Jaime Martorell v. AirWire Technologies, AAA Case No. 01-19-0001-4781. 6 Any person receiving such Information designated as Confidential shall restrict its disclosure to 7 persons authorized to receive the Information designated as “Confidential” pursuant to this Order. 8 A Confidential designation is applicable to all copies and reproductions of any Information. Nothing 9 herein shall be deemed to restrict the right of the producing party to use its own Information that it 10 has designated as Confidential as it chooses. Nothing in this Order requires either party to produce 11{| Information the party believes is privileged or otherwise non-discoverable. By entering into this Y 12] Order, the parties do not waive any right to object to any discovery request, to the admission of é □□□ evidence on any ground, to seek further protective order, or to seek relief from the Court from any 14} provision of this Order. : ; 15 3. Definition of Confidential Information: A producing party may designate as x 3 3 3 16|| Confidential such Information which the producing party believes in good faith constitutes, contains, 2 a 17]| or reflects personal information or financial information about a party or other person, or □□□□□ information that is not generally known to the public. 19 4. Designating Information as Confidential: All or any part of a document, item. testimony, or other Information disclosed, produced, or filed in this litigation may be designated as 21 Confidential by any Party, regardless of who disclosed, produced, or filed the document, by marking 22 the word “Confidential” on the face of the original of the document and each page so designated, or 23 on the face of the photocopy of the document, and on the photocopies of each page so designated, 24 except as to documents containing more than twenty (20) pages, in which case marking the top page 25 as Confidential will suffice. Oral testimony may be designated as Confidential during the depositior 26] or proceeding, with reasonable precision as to the affected testimony, or within seven (7) busines: 27 days after receipt of the transcript of such deposition or proceeding by sending written notice 28 designating, by page and line, the portions of the transcript of the deposition or other testimony tc
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1 be treated as Confidential. All or any part of responses to interrogatories or to requests for admission or for production of documents may be designated as Confidential on the face of the response and each page so designated. 4 5. Challenging a Designation: Either of the Parties may challenge at any time the propriety of a designation of Information as Confidential. Before seeking relief from the Court, the 6 Parties shall attempt to resolve the dispute informally and in good faith. If the Parties are unable to 7 resolve such dispute, it shall be submitted to the Court. The Information shall be treated as 8 Confidential pending resolution of the challenge. 9 6. No Implied Acknowledgement of Confidentiality: Compliance with the terms of this 10 ] Order, production or receipt of Information designated Confidential, and/or allowing Information to 11 be designated Confidential shall not in any way operate as an admission that any particular 12 Information is Confidential. Failure to challenge the designation of Information as Confidential 3 2 13|| does not preclude a subsequent challenge. The designation of Information as Confidential does not z 2 5 14]| create a presumption in favor of or against that designation. 15 7. Agcess to Information Designated Confidential Which Does Not Constitute Persona 5 16|| Information: Access to Information designated Confidential, but not including personal information, z 2 a 17i\ is restricted to the following persons: 18 (a) Counsel of record for the respective parties, including office associates, 19 paralegals, stenographic and clerical employees; 20 (b) The parties to this action and their representatives, including □□□□□□□□ 21 counsel; 22 (c) Experts or consultants (including their employees, associates, and/or suppor 23 staff) who are employed, retained or otherwise consulted by counsel or a party for the 24 purpose of analyzing data, conducting studies, or providing opinions to assist in any way it 25 the litigation. Information designated Confidential that is accessed by experts or consultant: 26 shall be limited to documents that the experts or consultants reasonably need to review it 27 their roles as experts or consultants; 28 (d) Electronic imaging and/or computer litigation support personnel retained by
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l one or more of the parties in this litigation or by the parties’ counsel; 2 (e) The Court and its personnel, including clerks and stenographic reporters who 3 record deposition of other testimony in this litigation; 4 (f) Outside photocopying services, graphic production services, or litigation 5 support services employed by the parties or their counsel to assist in this litigation, and 6 computer personnel performing duties in relation to a computerized litigation system; and 7 (g) Any other person whom the producing party agrees to in writing. 8 Counsel shall inform each person to whom they disclose or give access to the other Party’s 9} Information designated Confidential of the terms of this Order, as well as the obligation to comply 10 with its terms, and said persons shall to abide by the terms of this Order. 11 8. Access to Information Designated Confidential Which Constitutes □□□□□□□□ 12 Information: Access to Information designated Confidential which constitutes personal information 8 131) is restricted to counsel of record for the respective parties, including paralegals and office employees 14 9. Depositions: To the extent depositions occur in this litigation, persons may be 5 15|| deposed regarding Information of which they have knowledge that has been designated Confidential 5 2 16]] Aside from the witness, no person shall attend any portion of any deposition containing testimony zZ 2 = 17|| regarding Confidential Information except the parties and counsel for the parties unless such persor % 18|| agrees to abide by this Order. Any court reporter who transcribes testimony in this action at ¢ 19) deposition shall agree, before transcribing any such testimony, that all testimony □□□□□□□□□□ 20 Confidential Information is and shall remain Confidential and shall not be disclosed except a: 21) provided in this Order and that copies of any transcript, reporter’s notes or any other transcriptior 22 records of any such testimony will be retained in absolute confidentiality and safekeeping by suck 23] shorthand reporter or delivered to attorneys of record. 24 10. Previously Produced Information: This Order does not affect the right of any of the □□□ Parties to designate as Confidential any Information which has been disclosed, produced, or filec 26 prior to the entry of this Order, regardless of which Party disclosed, produced, or filed suc! 27 Information. Any disclosure of such Information prior to its designation as Confidential shall no 28 be deemed a violation of this Order. This Order shall not prejudice the right of the parties t
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designate as Confidential the Information a party has inadvertently produced without the sought 2 designation. 3 11. Filing Documents Under Seal: A party or non-party wishing to file a document 4 designated as “Confidential” shall file or submit for filing as part of the court record and Documents 51} under seal in accordance with Local Rule IA 10-5. The Party who has designated such materials as 6 Confidential shall submit an accompanying motion for leave to file those documents with the Court 7\| under seal, making the showing required under Kamakana v. City and County of Honolulu, 447 F.3d 8] 1172 (9th Cir. 2006), and Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016), to sustain the sealed status of such materials. Failure to file the motion to sustain that 10 sealed status of the materials shall constitute a waiver of such designated status. In the event the 11 Court refuses to allow the filing under seal of Confidential Information, a party shall still be 12 permitted to file such Information, but it will continue to be treated as Confidential in all other 4 13) respects, unless the Court deems otherwise. 14 12. Conclusion of Proceedings: Within forty-five (45) days following termination of 5 > 15}| this litigation by final judgment, settlement or otherwise (including any appeals): z 16 (a) All Information subject to the provisions of this Order shall be destroyed or delivered z 17 to the producing party. © 18 (b) To the extent any Information designated Confidential is destroyed, the destroying 19 party shall so represent in writing to the producing party. 20 (c) As to Information filed under seal, the producing party shall be obligated to retrieve 21 those documents from the Court and the other party will support any motion to this effect. 22 13. Jurisdiction and Enforcement: Any party or person subject to this Order who violates 23 the provisions of this Order shall be liable for damages for any injuries or loss suffered by the 24 producing party as a result of such violation. Although the Parties agree to be bound by the 25 confidentiality terms of this Order beyond the conclusion of this lawsuit, the dismissal of this actior will terminate the jurisdiction of this Court. 27\| /// 28h ///
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1 14. This Order and the agreement embodied herein shall survive the termination of this 2 litigation and continue in full force and effect. 4 DATED this 20" day of February 2020. DATED this 20" day of February, 2020. 5 BY: _/s/ Ricardo N. Cordova BY: _/s/ Pete Cladianos UI ‘ Anthony L. Hall, Esq. chares Ze, Ea. Ricardo N. Cordova, Esq. ete Cladianos I11, Esq. wearee ora ee The Law Offices of Charles R. Zeh, Esq. Simons Hall Johnston PC : . 7 50 West Liberty Street, Suite 950 6490 S. McCarran Bivd., Ste. F-46 Reno. NV 89501 8 Reno, Nevada 89509 Tel: (775) 323-5700 9 ahall@shjnevada.com pete@crzehlaw.com rcordova@SHJNevada.com 10 Attorneys for Defendants Attorneys for Plaintiff 1] IT IS SO ORDERED. 2 12 An . Ss g 3 - \. Unitell States Magistrate Judge Oman 15 DATED: 2 Uf 200 Zé
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