1 REBECCA L. MASTRANGELO, ESQ. 2 Nevada Bar No. 5417 ROGERS, MASTRANGELO, CARVALHO & MITCHELL 3 700 S. Third Street Las Vegas, Nevada 89101 4 Phone (702) 383-3400 Fax (702) 384-1460 5 rmastrangelo@rmcmlaw.com Attorneys for RE/MAX, LLC and 6 RE/MAX HOLDINGS, INC. 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA (RENO) 9 PATRICK H. MCGUIRE, an individual ) and LISA ANN MCGUIRE, an individual, ) CASE NO. 3:20-cv-00249-RCJ-CLB 10 ) Plaintiffs, ) 11 ) vs. ) 12 ) ANNE MARIE CAREY, an individual, ) 13 CAREY TRUST, a testamentary trust, ) ANTONETTE D. SHAW, an individual, ) 14 MAXED PROFESSIONALS, LLC, a ) Nevada limited liability company; ) STIPULATED PROTECTIVE ORDER 15 RE/MAX, LLC, a Delaware limited ) liability company; and RE/MAX ) 16 HOLDINGS, INC., a Delaware ) corporation; JOSEPH HENRY, in his ) 17 individual capacities; and THE CITY OF ) RENO, a municipal entity. ) 18 ) Defendants. ) 19 ____________________________________) 20 In order to protect the confidentiality of confidential information obtained by the parties 21 in connection with this case, the parties hereby agree as follows: 22 1. This action is likely to involve trade secrets, customer and pricing lists and other 23 valuable research, development, commercial, financial, technical and/or proprietary information 24 for which special protection from public disclosure and from use for any purpose other than 25 prosecution of this action is warranted. Such confidential and proprietary materials and 26 information consist of, among other things, confidential business practices, or other confidential 27 research, development, or commercial information (including information implicating privacy 28 rights of third parties), information otherwise generally unavailable to the public, or which may 1 be privileged or otherwise protected from disclosure under state or federal statutes, court rules, 2 case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate 3 the prompt resolution of disputes over confidentiality of discovery materials, to adequately 4 protect information the parties are entitled to keep confidential, to ensure that the parties are 5 permitted reasonably necessary uses of such material in preparation for and in the conduct of 6 trial, to address their handling at the end of the litigation, and to serve the ends of justice, a 7 protective order for such information is justified in this matter. It is the intent of the parties that 8 information will not be designated as confidential for tactical reasons and that nothing be so 9 designate without a good faith belief that it has been maintained in a confidential, non-public 10 manner, and there is good cause why it should not be part of the public record in this case. 11 2. Any party or non-party may designate as “confidential” (by stamping the relevant 12 page or as otherwise set forth herein) any document including electronically stored information 13 (“ESI”) or responses to discovery which that party or non-party considers in good faith to contain 14 information involving trade secrets, or confidential business or financial information, subject to 15 protection under the Federal Rules of Civil Procedure or Nevada law (“Confidential 16 Information”). Where a document or response consists of more than one page, the first page and 17 each page on which confidential information appears shall be so designated. 18 3. A party or non-party may designate information disclosed during a deposition or 19 in response to written discovery as “confidential” by so indicating in said response or on the 20 record at the deposition and requesting the preparation of a separate transcript of such material. 21 Additionally a party or non-party may designate in writing, within twenty (20) days after receipt 22 of said responses or of the deposition transcript for which the designation is proposed, that 23 specific pages of the transcript and/or specific responses be treated as “confidential” information. 24 Any other party may object to such proposal, in writing or on the record. Upon such objection, 25 the parties shall follow the procedures described in paragraph 11 below. After any designation 26 made according to the procedure set forth in this paragraph, the designated documents or 27 28 2 1 information shall be treated according to the designation until the matter is resolved according to 2 the procedures described in paragraph 11 below, and counsel for all parties shall be responsible 3 for marking all previously unmarked copies of the designated material in their possession or 4 control with the specified designation. 5 4. Confidential Information may be additionally designated “Confidential - 6 Attorneys Eyes Only” by counsel for the Producing Party for the purpose of identifying 7 particularly sensitive Confidential Information relating to current or prospective research and 8 development, technical documents relating to current or prospective products, financial 9 information (including, but not limited to, amount or source of any income, profits, losses, or 10 expenditures, sales information, and pricing information), marketing or business plans, and the 11 names or other information tending to reveal the identities of a party’s present or prospective 12 customers, vendors, listeners, or advertisers. 13 5. All information produced or exchanged in the course of this case (other than 14 information that is publicly available) shall be used by the party or parties to whom the 15 information is produced solely for the purpose of this case. 16 6. Each party or non-party that designates information or items for protection under 17 this Order must take care to limit any such designation to specific material that qualifies under 18 the appropriate standards. The Designating Party must designate for protection only those parts 19 of material, documents, items, or oral or written communications that qualify so that other 20 portions of the material, documents, items, or communications for which protection is not 21 warranted are not swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or 22 routinized designations are not permitted under this Order, and designations which are shown to 23 be clearly unjustified or that have been made for an improper purpose (e.g. to unnecessarily 24 encumber the case development process or to impose unnecessary expenses or burdens on the 25 other parties) may expose the Designating Party to sanctions. If it comes to a Designating 26 Party’s attention that information or items that it designated for protection do not qualify for 27 28 3 1 protection, that Designating Party must promptly notify all other Parties that it is withdrawing the 2 inapplicable designation. 3 7.
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1 REBECCA L. MASTRANGELO, ESQ. 2 Nevada Bar No. 5417 ROGERS, MASTRANGELO, CARVALHO & MITCHELL 3 700 S. Third Street Las Vegas, Nevada 89101 4 Phone (702) 383-3400 Fax (702) 384-1460 5 rmastrangelo@rmcmlaw.com Attorneys for RE/MAX, LLC and 6 RE/MAX HOLDINGS, INC. 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA (RENO) 9 PATRICK H. MCGUIRE, an individual ) and LISA ANN MCGUIRE, an individual, ) CASE NO. 3:20-cv-00249-RCJ-CLB 10 ) Plaintiffs, ) 11 ) vs. ) 12 ) ANNE MARIE CAREY, an individual, ) 13 CAREY TRUST, a testamentary trust, ) ANTONETTE D. SHAW, an individual, ) 14 MAXED PROFESSIONALS, LLC, a ) Nevada limited liability company; ) STIPULATED PROTECTIVE ORDER 15 RE/MAX, LLC, a Delaware limited ) liability company; and RE/MAX ) 16 HOLDINGS, INC., a Delaware ) corporation; JOSEPH HENRY, in his ) 17 individual capacities; and THE CITY OF ) RENO, a municipal entity. ) 18 ) Defendants. ) 19 ____________________________________) 20 In order to protect the confidentiality of confidential information obtained by the parties 21 in connection with this case, the parties hereby agree as follows: 22 1. This action is likely to involve trade secrets, customer and pricing lists and other 23 valuable research, development, commercial, financial, technical and/or proprietary information 24 for which special protection from public disclosure and from use for any purpose other than 25 prosecution of this action is warranted. Such confidential and proprietary materials and 26 information consist of, among other things, confidential business practices, or other confidential 27 research, development, or commercial information (including information implicating privacy 28 rights of third parties), information otherwise generally unavailable to the public, or which may 1 be privileged or otherwise protected from disclosure under state or federal statutes, court rules, 2 case decisions, or common law. Accordingly, to expedite the flow of information, to facilitate 3 the prompt resolution of disputes over confidentiality of discovery materials, to adequately 4 protect information the parties are entitled to keep confidential, to ensure that the parties are 5 permitted reasonably necessary uses of such material in preparation for and in the conduct of 6 trial, to address their handling at the end of the litigation, and to serve the ends of justice, a 7 protective order for such information is justified in this matter. It is the intent of the parties that 8 information will not be designated as confidential for tactical reasons and that nothing be so 9 designate without a good faith belief that it has been maintained in a confidential, non-public 10 manner, and there is good cause why it should not be part of the public record in this case. 11 2. Any party or non-party may designate as “confidential” (by stamping the relevant 12 page or as otherwise set forth herein) any document including electronically stored information 13 (“ESI”) or responses to discovery which that party or non-party considers in good faith to contain 14 information involving trade secrets, or confidential business or financial information, subject to 15 protection under the Federal Rules of Civil Procedure or Nevada law (“Confidential 16 Information”). Where a document or response consists of more than one page, the first page and 17 each page on which confidential information appears shall be so designated. 18 3. A party or non-party may designate information disclosed during a deposition or 19 in response to written discovery as “confidential” by so indicating in said response or on the 20 record at the deposition and requesting the preparation of a separate transcript of such material. 21 Additionally a party or non-party may designate in writing, within twenty (20) days after receipt 22 of said responses or of the deposition transcript for which the designation is proposed, that 23 specific pages of the transcript and/or specific responses be treated as “confidential” information. 24 Any other party may object to such proposal, in writing or on the record. Upon such objection, 25 the parties shall follow the procedures described in paragraph 11 below. After any designation 26 made according to the procedure set forth in this paragraph, the designated documents or 27 28 2 1 information shall be treated according to the designation until the matter is resolved according to 2 the procedures described in paragraph 11 below, and counsel for all parties shall be responsible 3 for marking all previously unmarked copies of the designated material in their possession or 4 control with the specified designation. 5 4. Confidential Information may be additionally designated “Confidential - 6 Attorneys Eyes Only” by counsel for the Producing Party for the purpose of identifying 7 particularly sensitive Confidential Information relating to current or prospective research and 8 development, technical documents relating to current or prospective products, financial 9 information (including, but not limited to, amount or source of any income, profits, losses, or 10 expenditures, sales information, and pricing information), marketing or business plans, and the 11 names or other information tending to reveal the identities of a party’s present or prospective 12 customers, vendors, listeners, or advertisers. 13 5. All information produced or exchanged in the course of this case (other than 14 information that is publicly available) shall be used by the party or parties to whom the 15 information is produced solely for the purpose of this case. 16 6. Each party or non-party that designates information or items for protection under 17 this Order must take care to limit any such designation to specific material that qualifies under 18 the appropriate standards. The Designating Party must designate for protection only those parts 19 of material, documents, items, or oral or written communications that qualify so that other 20 portions of the material, documents, items, or communications for which protection is not 21 warranted are not swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or 22 routinized designations are not permitted under this Order, and designations which are shown to 23 be clearly unjustified or that have been made for an improper purpose (e.g. to unnecessarily 24 encumber the case development process or to impose unnecessary expenses or burdens on the 25 other parties) may expose the Designating Party to sanctions. If it comes to a Designating 26 Party’s attention that information or items that it designated for protection do not qualify for 27 28 3 1 protection, that Designating Party must promptly notify all other Parties that it is withdrawing the 2 inapplicable designation. 3 7. Except with the prior written consent of other parties, or upon prior order of this 4 Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed 5 to any other person than: 6 (a) counsel for the respective parties to this litigation, including in-house counsel and 7 co-counsel retained for this litigation; 8 (b) employees of such counsel and non-employee personnel engaged by counsel on a 9 contract basis; 10 (c) individual defendants, class representatives, any officer or employee of a party, to 11 the extent deemed necessary by Counsel for the prosecution or defense of this 12 litigation; 13 (d) consultants or expert witnesses retained for the prosecution or defense of this 14 litigation, provided that each such person shall execute a copy of the Certification 15 annexed to this Order as Exhibit “A” (which shall be retained by counsel to the 16 party so disclosing the Confidential Information and made available for inspection 17 by opposing counsel during the pendency or after the termination of the action 18 only upon good cause shown and upon order of the Court) before being shown or 19 given any Confidential Information and provided that if the party chooses a 20 consultant or expert employed by [The Corporate Defendant] or one of its 21 competitors (as listed on Appendix A), the party shall notify the opposing party, 22 or designating non-party, before disclosing any Confidential Information to that 23 individual and shall give the opposing party an opportunity to move for a 24 protective order preventing or limiting such disclosure; 25 (e) any authors or recipients of the Confidential Information; 26 (f) the Court, Court personnel, and court reporters; and 27 28 4 1 (g) witnesses (other than persons described in paragraph 4(e)). A witness shall sign 2 the Certification before being shown a confidential document. Confidential 3 Information may be disclosed to a witness who will not sign the Certification only 4 in a deposition at which the party who designated the Confidential Information is 5 represented or has been given notice that Confidential Information shall be 6 designated “Confidential” pursuant to paragraph 2 above. Witnesses shown 7 Confidential Information shall not be allowed to retain copies. 8 8. Any persons receiving Confidential Information shall not reveal or discuss such 9 information to or with any person who is not entitled to receive such information, except as set 10 forth herein. 11 9. Unless otherwise permitted by statute, rule or prior court order, papers filed with 12 the court under seal shall be accompanied by a contemporaneous motion for leave to file those 13 documents under seal, and shall be filed consistent with the court’s electronic filing procedures 14 in accordance with Local Rule IA 10-5. Notwithstanding any agreement among the parties, the 15 party seeking to file a paper under seal bears the burden of overcoming the presumption in favor 16 of public access to papers filed in court. Kamakana v. City and County of Honolulu, 447 F.2d 17 1172 (9th Cir. 2006); Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677-78 (9th Cir. 2010). 18 10. A party may designate as “Confidential” documents or discovery materials 19 produced by a non-party by providing written notice to all parties of the relevant document 20 numbers or other identification within thirty (30) days after receiving such documents or 21 discovery materials. Any party or non-party may voluntarily disclose to others without restriction 22 any information designated by that party or non-party as confidential, although a document may 23 lose its confidential status if it is made public. 24 11. If a party contends that any material is not entitled to confidential treatment, such 25 party may at any time give written notice to the party or non-party who designated the material. 26 The party or non-party who designated the material shall have thirty (30) days from the receipt of 27 28 5 1 such written notice to apply to the Court for an order designating the material as confidential. 2 The party or non -party seeking the order has the burden of establishing that the document is 3 entitled to protection. 4 12. Notwithstanding any challenge to the designation of material as Confidential 5 Information, all documents shall be treated as such and shall be subject to the provisions hereof 6 unless and until one of the following occurs: 7 (a) the party or non-party who claims that the material is Confidential Information 8 withdraws such designation in writing; or 9 (b) the party or non-party who claims that the material is Confidential Information 10 fails to apply to the Court for an order designating the material confidential within 11 the time period specified above after receipt of a written challenge to such 12 designation; or 13 (c) the Court rules the material is not confidential. 14 13. All provisions of this Order restricting the communication or use of Confidential 15 Information shall continue to be binding after the conclusion of this action, unless otherwise 16 agreed or ordered. Upon conclusion of the litigation, a party in the possession of Confidential 17 Information, other than that which is contained in pleadings, correspondence, and deposition 18 transcripts, shall either (a) return such documents no later than sixty (60) days after conclusion of 19 this action to counsel for the party or non-party who provided such information, or (b) destroy 20 such documents within the time period upon consent of the party who provided the information 21 and certify in writing within thirty (30) days that the documents have been destroyed. 22 14. Any receiving party that knows that it intends to present Confidential Information 23 of another party in oral form at trial, or during any pre-trial or post-trial hearing, shall first notify 24 the Court and the Producing Party a reasonable amount of time in advance. Nothing herein shall 25 be deemed to preclude the admission into evidence of any materials covered by this Protective 26 Order, although the parties have reserved all rights to object to the admissibility of any such 27 material. Any Confidential Information admitted into evidence, shall be admitted into evidence 28 in an appropriate manner to protect the confidentiality of the materials. 1 15. Nothing herein shall be deemed to waive any applicable privilege or work product 2 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 3 protected by privilege or work product protection. 4 16. Any witness or other person, firm or entity from which discovery is sought may be 5 informed of and may obtain the protection of this Order by written request to the parties’ 6 respective counsel or by oral request at the time of any deposition or similar proceeding. 7 DATED this 24th day of August, 2020. 8 ROGERS, MASTRANGELO, CARVALHO KELLY LAW PARTNERS, LLC & MITCHELL 9 /s/ Rebecca L. Mastrangelo /s/William J. Kelly III 10 ___________________________________ Rebecca L. Mastrangelo, Esq. William J. Kelly III 11 Nevada Bar No. 5417 Admitted Pro Hac Vice 700 S. Third Street 501 S. Cherry Street, Suite 1100 12 Las Vegas, Nevada 89101 Denver, Colorado 80246 Attorneys for Defendants Attorneys for Defendants RE/MAX, LLC 13 RE/MAX, LLC and RE/MAX HOLDINGS, INC. and RE/MAX HOLDINGS, INC. 14 STEPHENSON LAW, PLLC LEWIS BRISBOIS BISGAARD & SMITH 15 /s/ John N. Stephenson /s/ Alice Herbolsheimer 16 _____________________________ John Neil Stephenson, Esq. Alice Herbolsheimer, Esq. 17 Nevada Bar No. 12497 Nevada Bar No. 6389 1770 Verdi Vista Court 5555 Kietzke Lane, Suite 200 18 Reno, Nevada 89523 Reno, Nevada 89511 Attorney for Plaintiffs Attorneys for Antonette D. Shaw and Maxed 19 Professionals, LLC 20 MIDTOWN LAW RENO CITY ATTORNEY’S OFFICE 21 /s/ Stephanie Rice /s/ Chandeni Sendall 22 ___________________________________ ______________________________ Stephanie Rice, Esq. Chandeni Sendall, Esq. 23 Nevada Bar No. 11627 Nevada Bar No. 12750 115 Casazza Drive P.O. Box 1900 24 Reno, Nevada 89501 Reno, Nevada 89505 Attorney for Anne Marie Carey and Carey Attorney for City of Reno and Joseph Henry 25 Trust 26 27 28 1 Stipulated Protective Order 5 CASE NO. 3:20-cv-00249-RCJ-CLB
3 ORDER 4 IT IS SO ORDERED this 24th day of __ August , 2020. 5 *
5 U.S. MAGIST UDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1 2 CERTIFICATION 3 I hereby certify my understanding that Confidential Information is being provided to me 4 pursuant to the terms and restrictions of the Protective Order dated ___________, in McGuire v. 5 Carey, et al., Case No. 3:20-cv-00249-RCJ-CLB. I have been given a copy of that Order and 6 read it. I agree to be bound by the Order. I will maintain all such Confidential Information - 7 including copies, notes, or other transcriptions made therefrom - in a secure manner to prevent 8 unauthorized access to it. No later than thirty (30) days after the conclusion of this action, I will 9 return the Confidential Information - including copies, notes or other transcriptions made 10 therefrom - to the counsel who provided me with the Confidential Information, I hereby consent 11 to the jurisdiction of the United States District Court for the purpose of enforcing the Protective 12 Order. 13 DATED:_____________________ 14 15 ______________________________ 16 Name 17 18 Retained by: 19 20 21 Name of party 22 23 24 25 26 27 28 1 EXHIBIT “A” 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28