1 Michael R. Kealy (NSBN 0971) Sarah Ferguson (NSBN 14515) 2 Jake T. Herzik (NSBN 16340) PARSONS BEHLE & LATIMER 3 50 West Liberty Street, Suite 750 Reno, Nevada 89501 4 Telephone: 775.323.1601 Email: mkealy@parsonsbehle.com 5 sferguson@parsonsbehle.com jward-herzik@parsonsbehle.com 6 Attorney for Defendants 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 TAKENOBU MATSUGISHI, an individual; Case No. 2:24-cv-01840-JAD-MDC HITOMI MATSUGISHI, an individual, 11 Plaintiffs, 12 STIPULATED PROTECTIVE ORDER vs. 13
14 PETER CHEN, an individual; JAMES YUH- TYNG CHEN, as an individual and as the 15 trustee of BV TRUST; Hb5 HOLDINGS, LLC, a Delaware limited liability company; and 16 BELL VENTURES, INC., a Nevada corporation, inclusive, 17 Defendant. 18 19 Plaintiffs Takenobu Matsugishi and Hitomi Matsugishi (collectively, “Plaintiffs”) and 20 Defendants Peter Chen, James Yuh-Tyng Chen (individually and as trustee for the Bellair Way 21 BV Trust), Hb5 Holdings, LLC, and Bell Ventures, Inc. (collectively, “Defendants”) (each a 22 “Party” and collectively the “Parties”), by and through their undersigned counsel of record, 23 hereby stipulate that the Court may enter the following Stipulated Protective Order, as the Parties 24 anticipate that this action will involve the disclosure of confidential, proprietary, or private 25 business information and documents warranting special protection from public disclosure under 26 Rule 26(c) of the Federal Rules of Civil Procedure: 27 1. Definitions. As used in this Stipulated Protective Order: 28 (a) “Attorney” means an attorney who has appeared in this action. 1 (b) “Confidential Document” means a document designated as confidential under 2 this Stipulated Protective Order because it contains Confidential Information. 3 (c) “Confidential Information” means information that is properly designated under 4 the terms of this Stipulated Protective Order because it is proprietary, technical, 5 financial, private, commercially sensitive, competitive, trade secret, or other such 6 information that merits special protection the Federal Rules of Civil Procedure and 7 applicable case law. The term does not include information that is in the public 8 domain at the time of disclosure. 9 (d) “Non-party” means any individual, corporation, partnership, association, attorney, 10 or natural person or entity other than a Party. 11 (e) “Producing Party” means a Party or Non-party that produces discoverable 12 material in this action. 13 (f) “Protected Document” means a document protected by a privilege or the work- 14 product doctrine. 15 (g) “Receiving Party” means a Party that receives discoverable material from a 16 Producing Party. 17 2. Designating a Document or Deposition as Confidential. 18 (a) A Party or Non-party disclosing or producing a document may designate it as a 19 Confidential Document if the Party or Non-party contends that it contains 20 Confidential Information. All documents produced by a Non-party shall be treated 21 as Confidential Documents for a period of ten (10) business days from the date of 22 their production, and during that period any Party may designate such documents 23 as Confidential Documents pursuant to the terms of this Stipulated Protective 24 Order. 25 (b) A Party or Non-party may designate a document as a Confidential Document by 26 conspicuously marking each page with the “CONFIDENTIAL,” or by 27 conspicuously marking a compilation of data or documents in a manner sufficient 28 to provide notice that the entire compilation is a Confidential Document. 1 (c) Deposition testimony may be designated as a Confidential Document: 2 (1) on the record at the deposition; or 3 (2) after the deposition, by promptly notifying the Parties in writing. 4 (d) If a witness is expected to testify as to Confidential Information, a Party or Non- 5 party may request that the witness’s deposition be taken in the presence of only 6 those persons entitled to receive Confidential Documents. 7 3. Who May Receive a Confidential Document. 8 (a) A Confidential Document may be used only in this action. 9 (b) No person receiving a Confidential Document may reveal it, except to: 10 (1) the court and its staff; 11 (2) an Attorney or an Attorney’s partner, associate, or staff; 12 (3) a person shown on the face of the Confidential Document to have authored 13 or received it; 14 (4) a court reporter or videographer retained in connection with this action; 15 (5) a Party and a Party’s insurance carrier(s) (subject to paragraph 3(c)); and 16 (6) any person who: 17 (A) is retained to assist a Party or Attorney with this action; and 18 (B) signs the declaration attached hereto as Exhibit A.
19 (c) If a Confidential Document is revealed to someone not entitled to receive it, the 20 Parties must make reasonable efforts to provide notice to the other side and 21 retrieve it. 22 23 4. Serving This Stipulated Protective Order on a Non-party. A Party serving a subpoena 24 on a Non-party must simultaneously serve a copy of this Stipulated Protective Order on 25 the Non-party. 26 5. Correcting an Error in Designation. A Party or Non-party who discloses or produces a 27 Confidential Document not designated as confidential may, within 7 days after 28 discovering the error, provide written notice of the error and produce a copy of the 1 document designated as a Confidential Document. 2 6. Use of a Confidential Document in Court. 3 (a) This Stipulated Protective Order does not authorize the filing of any document 4 under seal. A Confidential Document may be filed under seal only in accordance 5 with Federal and local rules. 6 (b) A Party intending to present another Party’s or a Non-party’s Confidential 7 Document at a hearing or trial must promptly notify the other Party or the Non- 8 party in writing so that the other Party or the Non-party may seek relief from the 9 court. 10 7. Changing a Confidential Document’s Designation. 11 (a) A Confidential Document disclosed or produced by a Party remains confidential 12 unless the Parties agree to change its designation or the court orders otherwise. 13 (b) A Confidential Document produced by a Non-party remains confidential unless 14 the Non-party agrees to change its designation or the court orders otherwise after 15 providing an opportunity for the Non-party to be heard. 16 (c) A Party who cannot obtain agreement to change a designation may move the court 17 for an order changing the designation. If the motion affects a document produced 18 by a Non-party then, with respect to the motion, that Non-party is entitled to the 19 same notice and opportunity to be heard as a Party. 20 (d) The Party or Non-party who designated a document as a Confidential Document 21 must show that the designation satisfies Fed. R. Civ. P. 26(c). 22 8. Handling a Confidential Document after Termination of Litigation. 23 (a) Within 60 days after the termination of this action (including any appeals), each 24 Party must: 25 (1) return or destroy all Confidential Documents; and 26 (2) Notify the Producing Party in writing that it has returned or destroyed all 27 confidential documents within the 60-day period. 28 (b) Notwithstanding paragraph 8(a), each Attorney may retain a copy of any 1 Confidential Document submitted to the court and all deposition transcripts. 2 9. Inadvertent Disclosure or Production to a Party of a Protected Document. 3 (a) Notice. 4 (1) A Party or Non-party who discovers that it has inadvertently disclosed or 5 produced a Protected Document must promptly provide written notice to 6 the Receiving Party which describes the basis of the claim of privilege or 7 protection.
Free access — add to your briefcase to read the full text and ask questions with AI
1 Michael R. Kealy (NSBN 0971) Sarah Ferguson (NSBN 14515) 2 Jake T. Herzik (NSBN 16340) PARSONS BEHLE & LATIMER 3 50 West Liberty Street, Suite 750 Reno, Nevada 89501 4 Telephone: 775.323.1601 Email: mkealy@parsonsbehle.com 5 sferguson@parsonsbehle.com jward-herzik@parsonsbehle.com 6 Attorney for Defendants 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 TAKENOBU MATSUGISHI, an individual; Case No. 2:24-cv-01840-JAD-MDC HITOMI MATSUGISHI, an individual, 11 Plaintiffs, 12 STIPULATED PROTECTIVE ORDER vs. 13
14 PETER CHEN, an individual; JAMES YUH- TYNG CHEN, as an individual and as the 15 trustee of BV TRUST; Hb5 HOLDINGS, LLC, a Delaware limited liability company; and 16 BELL VENTURES, INC., a Nevada corporation, inclusive, 17 Defendant. 18 19 Plaintiffs Takenobu Matsugishi and Hitomi Matsugishi (collectively, “Plaintiffs”) and 20 Defendants Peter Chen, James Yuh-Tyng Chen (individually and as trustee for the Bellair Way 21 BV Trust), Hb5 Holdings, LLC, and Bell Ventures, Inc. (collectively, “Defendants”) (each a 22 “Party” and collectively the “Parties”), by and through their undersigned counsel of record, 23 hereby stipulate that the Court may enter the following Stipulated Protective Order, as the Parties 24 anticipate that this action will involve the disclosure of confidential, proprietary, or private 25 business information and documents warranting special protection from public disclosure under 26 Rule 26(c) of the Federal Rules of Civil Procedure: 27 1. Definitions. As used in this Stipulated Protective Order: 28 (a) “Attorney” means an attorney who has appeared in this action. 1 (b) “Confidential Document” means a document designated as confidential under 2 this Stipulated Protective Order because it contains Confidential Information. 3 (c) “Confidential Information” means information that is properly designated under 4 the terms of this Stipulated Protective Order because it is proprietary, technical, 5 financial, private, commercially sensitive, competitive, trade secret, or other such 6 information that merits special protection the Federal Rules of Civil Procedure and 7 applicable case law. The term does not include information that is in the public 8 domain at the time of disclosure. 9 (d) “Non-party” means any individual, corporation, partnership, association, attorney, 10 or natural person or entity other than a Party. 11 (e) “Producing Party” means a Party or Non-party that produces discoverable 12 material in this action. 13 (f) “Protected Document” means a document protected by a privilege or the work- 14 product doctrine. 15 (g) “Receiving Party” means a Party that receives discoverable material from a 16 Producing Party. 17 2. Designating a Document or Deposition as Confidential. 18 (a) A Party or Non-party disclosing or producing a document may designate it as a 19 Confidential Document if the Party or Non-party contends that it contains 20 Confidential Information. All documents produced by a Non-party shall be treated 21 as Confidential Documents for a period of ten (10) business days from the date of 22 their production, and during that period any Party may designate such documents 23 as Confidential Documents pursuant to the terms of this Stipulated Protective 24 Order. 25 (b) A Party or Non-party may designate a document as a Confidential Document by 26 conspicuously marking each page with the “CONFIDENTIAL,” or by 27 conspicuously marking a compilation of data or documents in a manner sufficient 28 to provide notice that the entire compilation is a Confidential Document. 1 (c) Deposition testimony may be designated as a Confidential Document: 2 (1) on the record at the deposition; or 3 (2) after the deposition, by promptly notifying the Parties in writing. 4 (d) If a witness is expected to testify as to Confidential Information, a Party or Non- 5 party may request that the witness’s deposition be taken in the presence of only 6 those persons entitled to receive Confidential Documents. 7 3. Who May Receive a Confidential Document. 8 (a) A Confidential Document may be used only in this action. 9 (b) No person receiving a Confidential Document may reveal it, except to: 10 (1) the court and its staff; 11 (2) an Attorney or an Attorney’s partner, associate, or staff; 12 (3) a person shown on the face of the Confidential Document to have authored 13 or received it; 14 (4) a court reporter or videographer retained in connection with this action; 15 (5) a Party and a Party’s insurance carrier(s) (subject to paragraph 3(c)); and 16 (6) any person who: 17 (A) is retained to assist a Party or Attorney with this action; and 18 (B) signs the declaration attached hereto as Exhibit A.
19 (c) If a Confidential Document is revealed to someone not entitled to receive it, the 20 Parties must make reasonable efforts to provide notice to the other side and 21 retrieve it. 22 23 4. Serving This Stipulated Protective Order on a Non-party. A Party serving a subpoena 24 on a Non-party must simultaneously serve a copy of this Stipulated Protective Order on 25 the Non-party. 26 5. Correcting an Error in Designation. A Party or Non-party who discloses or produces a 27 Confidential Document not designated as confidential may, within 7 days after 28 discovering the error, provide written notice of the error and produce a copy of the 1 document designated as a Confidential Document. 2 6. Use of a Confidential Document in Court. 3 (a) This Stipulated Protective Order does not authorize the filing of any document 4 under seal. A Confidential Document may be filed under seal only in accordance 5 with Federal and local rules. 6 (b) A Party intending to present another Party’s or a Non-party’s Confidential 7 Document at a hearing or trial must promptly notify the other Party or the Non- 8 party in writing so that the other Party or the Non-party may seek relief from the 9 court. 10 7. Changing a Confidential Document’s Designation. 11 (a) A Confidential Document disclosed or produced by a Party remains confidential 12 unless the Parties agree to change its designation or the court orders otherwise. 13 (b) A Confidential Document produced by a Non-party remains confidential unless 14 the Non-party agrees to change its designation or the court orders otherwise after 15 providing an opportunity for the Non-party to be heard. 16 (c) A Party who cannot obtain agreement to change a designation may move the court 17 for an order changing the designation. If the motion affects a document produced 18 by a Non-party then, with respect to the motion, that Non-party is entitled to the 19 same notice and opportunity to be heard as a Party. 20 (d) The Party or Non-party who designated a document as a Confidential Document 21 must show that the designation satisfies Fed. R. Civ. P. 26(c). 22 8. Handling a Confidential Document after Termination of Litigation. 23 (a) Within 60 days after the termination of this action (including any appeals), each 24 Party must: 25 (1) return or destroy all Confidential Documents; and 26 (2) Notify the Producing Party in writing that it has returned or destroyed all 27 confidential documents within the 60-day period. 28 (b) Notwithstanding paragraph 8(a), each Attorney may retain a copy of any 1 Confidential Document submitted to the court and all deposition transcripts. 2 9. Inadvertent Disclosure or Production to a Party of a Protected Document. 3 (a) Notice. 4 (1) A Party or Non-party who discovers that it has inadvertently disclosed or 5 produced a Protected Document must promptly provide written notice to 6 the Receiving Party which describes the basis of the claim of privilege or 7 protection. If the Party or Non-party provides such notice and description, 8 the privilege or protection is not waived. 9 (2) A Party who discovers that it may have received an inadvertently disclosed 10 or produced Protected Document must promptly notify the Producing Party 11 or Non-party in writing. 12 (b) A Party who is notified or discovers that it may have received a Protected 13 Document must comply with Fed. R. Civ. P. 26(b)(5)(B). 14 10. Security Precautions and Data Breaches. 15 (a) Each Party must make reasonable efforts to protect the confidentiality of any 16 Confidential Document disclosed or produced to that Party. 17 (b) A Party who learns of a breach of confidentiality must promptly provide written 18 notice to the Producing Party of the scope and nature of that breach and make 19 reasonable efforts to remedy the breach. 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1|)11. Survival of Obligations. The obligations imposed by this Stipulated Protective Order 2 survive the termination of this action. 3 || Dated this 1* day of July, 2025. Dated this 1* day of July, 2025. 4 || WOMBLE BOND DICKINSON (US) LLP PARSONS BEHLE & LATIMER 6 || By: 4s/ John E. Bragonje John E. Bragonje By: /s/ Sarah Ferguson E. Leif Reid (NSBN 5750) Michael R. Kealy (NSBN 0971) 7 John E. Bragonje (NSBN 9519) Sarah Ferguson (NSBN 14515) Christian T. Spaulding (NSBN 14277) Jake T. Herzik (NSBN 16340) 8 3993 Howard Hughes Parkway, Ste 600 50 West Liberty Street, Suite 750 Las Vegas, NV 89169 Reno, Nevada 89501 9 Telephone: (702) 474-2625 Telephone: (775) 323-1601 LReid@lewisroca.com mkealy@parsonsbehle.com 10 JBragonje@lewisroca.com sferguson@parsonsbehle.com CSpaulding@lewisroca.com jward-herzik@parsonsbehle.com D Attorneys for Plaintiffs Attorney for Defendants 13 || Any discovery disputes, including motions for protective order, must be 14 || addressed pursuant to the Court’s 08/28/24 Standing Order (ECF No. 15 || 12). In addition to complying with IT IS SO ORDER 16 the procedural requirements of LR (4 if ° IA 10-5 and FRCP 5.2, the parties 3 fy 17 || must also meet the substantive UNI™D STATES WAGES! TE GE standards of Kamakana v. City & if Jf 18 || Cnty. of Honolulu, 447 F.3d 1172 ATED: _7-2-25/ 19 (9th Cir. 2006) and its progeny when requesting to file documents under 20 || seal. 21 22 23 24 25 26 27 28
1 EXHIBIT A 2 3 TAKENOBU MATSUGISHI, an individual; Case No. 2:24-cv-01840-JAD-MDC HITOMI MATSUGISHI, an individual, 4 Plaintiffs, 5 AGREEMENT TO BE BOUND BY vs. PROTECTIVE ORDER 6 7 PETER CHEN, an individual; JAMES YUH- TYNG CHEN, as an individual and as the 8 trustee of BV TRUST; Hb5 HOLDINGS, LLC, a Delaware limited liability company; and 9 BELL VENTURES, INC., a Nevada corporation, inclusive, 10 Defendant. 11 12 The undersigned hereby acknowledges that he or she has read the Confidentiality Order 13 dated ___________________, 20___, in the above-captioned action, understands the terms 14 thereof, and agrees to be bound by such terms. The undersigned submits to the jurisdiction of the 15 United States District Court, District of Nevada relating to the Confidentiality Order during the 16 pendency of the above-entitled action and understands that the terms of said Order obligate 17 him/her to use discovery materials designated CONFIDENTIAL solely for the purposes of the 18 above-captioned action, and not to disclose any such Protected Material to any person, firm, 19 entity, or concern. 20 The undersigned acknowledges that violation of the Stipulated Confidentiality Order may 21 result in penalties for contempt of court. 22 Name: ____________________________ Job Title: ____________________________ 23 Employer: ____________________________ 24 Business Address: ___________________________ Date: ____________________________ 25 Signature: ____________________________ 26 27 28