My Daily Choice, Inc. v. Jackson

• Court: District Court, D. Nevada
• Decided: July 26, 2021
• Docket: 2:20-cv-02237
• Status: Unknown

Opinion

1 ERIKA PIKE TURNER 2 Nevada Bar No. 6454 Email: eturner@gtg.legal 3 JARED M. SECHRIST Nevada Bar No. 10439 4 Email: jsechrist@gtg.legal 7251 Amigo Street, Suite 210 5 Las Vegas, Nevada 89119 Tel: (725) 777-3000 6 Fax: (725) 777-3112

7 Attorneys for Plaintiff, My Daily Choice, Inc.

8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 MY DAILY CHOICE, INC., a Nevada Case No. 2:20-CV-02237-JAD-NJK corporation; 11 Plaintiff,

12 v. STIPULATED PROTECTIVE 13 ORDER ERIN JACKSON, an individual; and DOES 1 14 through 20, and ROE ENTITIES 1-20, inclusive,

15 Defendants.

16 17 1. PURPOSES AND LIMITATIONS 18 Disclosure and discovery activity in this action are likely to involve production of 19 confidential, proprietary, or private information for which special protection from public 20 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 21 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 22 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 23 all disclosures or responses to discovery and that the protection it affords from public disclosure 24 and use extends only to the limited information or items that are entitled to confidential treatment 25 under the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, 26 below, that this Stipulated Protective Order does not entitle them to file confidential information 27 under seal; Local Rule IA 10-5 sets forth the procedures that must be followed and the standards 28 that will be applied when a party seeks permission from the court to file material under seal. 1 2 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 3 information or items under this Order. 4 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 5 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 6 of Civil Procedure 26(c). 7 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 8 well as their support staff). 9 2.4 Designating Party: a Party or Non-Party that designates information or items that it 10 produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY 11 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. 12 2.5 Disclosure or Discovery Material: all items or information, regardless of the 13 medium or manner in which it is generated, stored, or maintained (including, among other things, 14 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 15 responses to discovery in this matter. 16 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 17 the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or 18 as a consultant in this action, (2) is not a past or current employee of a Party or of a Party’s 19 competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party or 20 of a Party’s competitor. 21 2.7 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or 22 Items: extremely sensitive “Confidential Information or Items,” disclosure of which to another 23 Party or Non-Party would create a substantial risk of serious harm that could not be avoided by 24 less restrictive means. 25 2.8 House Counsel: attorneys who are employees of a party to this action. House 26 Counsel does not include Outside Counsel of Record or any other outside counsel. 27 2.9 Non-Party: any natural person, partnership, corporation, association, or other legal 28 entity not named as a Party to this action. 1 2 action but are retained to represent or advise a party to this action and have appeared in this action 3 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 4 2.11 Party: any party to this action, including all of its officers, directors, employees, 5 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 6 2.12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 7 Material in this action. 8 2.13 Professional Vendors: persons or entities that provide litigation support services 9 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 10 organizing, storing, or retrieving data in any form or medium) and their employees and 11 subcontractors. 12 2.14 Protected Material: any Disclosure or Discovery Material that is designated as 13 “CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” 14 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material from a 15 Producing Party. 16 2.16 Related Case: related cases are My Daily Choice, Inc. v. Butler, et al. Case No. 17 2:20-cv-02178-JAD-NJK; My Daily Choice, Inc. v. Donnell, Case No. 2:20-cv-02225-JAD-NJK; 18 My Daily Choice, Inc. v. Lituski, Case No. 2:20-cv-02232-JAD-NJK; and My Daily Choice, Inc. 19 v. Lambert, Case No. 2:20-cv-02228-JAD-NJK. No other cases shall be considered a Related Case 20 to this matter absent the written approval of all Parties to this matter. 21 3. SCOPE 22 The protections conferred by this Stipulation and Order cover not only Protected Material 23 (as defined above), but also (1) any Confidential Information copied or extracted from Protected 24 Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any 25 testimony, conversations, or presentations by Parties or their Counsel that might reveal Protected 26 Material. However, the protections conferred by this Stipulation and Order do not cover the 27 following information: (a) any information that is in the public domain at the time of disclosure to 28 a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 1 2 record through trial or otherwise; and (b) any information known to the Receiving Party prior to 3 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 4 the information lawfully and under no obligation of confidentiality to the Designating Party. Any 5 use of Protected Material at trial shall be governed by a separate agreement or order. 6 4. DURATION 7 Even after final disposition of this litigation, the confidentiality obligations imposed by this 8 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 9 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 10 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 11 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 12 including the time limits for filing any motions or applications for extension of time pursuant to 13 applicable law. 14 5. DESIGNATING PROTECTED MATERIAL 15 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 16 or Non-Party that designates information or items for protection under this Order must take care 17 to limit any such designation to specific material that qualifies under the appropriate standards. To 18 the extent it is practical to do so, the Designating Party must designate for protection only those 19 parts 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. 22 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 23 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 24 unnecessarily encumber or retard the case development process or to impose unnecessary expenses 25 and burdens on other parties) may expose the Designating Party to sanctions. 26 If it comes to a Designating Party’s attention that information or items that it designated 27 for protection do not qualify for protection at all or do not qualify for the level of protection initially 28 asserted, that Designating Party must promptly notify all other parties that it is withdrawing the 1 2 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 3 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 4 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 5 designated before the material is disclosed or produced. 6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic documents, but 8 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 9 affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 10 ONLY” to each page that contains protected material. If only a portion or portions of the material 11 on a page qualifies for protection, the Producing Party also must clearly identify the protected 12 portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each 13 portion, the level of protection being asserted. 14 A Party or Non-Party that makes original documents or materials available for inspection 15 need not designate them for protection until after the inspecting Party has indicated which material 16 it would like copied and produced. During the inspection and before the designation, all of the 17 material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL – 18 ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants 19 copied and produced, the Producing Party must determine which documents, or portions thereof, 20 qualify for protection under this Order. Then, before producing the specified documents, the 21 Producing Party must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY 22 CONFIDENTIAL – ATTORNEYS’ EYES ONLY”) to each page that contains Protected Material. 23 If only a portion or portions of the material on a page qualifies for protection, the Producing Party 24 also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 25 margins) and must specify, for each portion, the level of protection being asserted. 26 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 27 Designating Party identify on the record, before the close of the deposition, hearing, or other 28 proceeding, all protected testimony and specify the level of protection being asserted. When it is 1 2 appears that substantial portions of the testimony may qualify for protection, the Designating Party 3 may invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right 4 to have up to 30 days to identify the specific portions of the testimony as to which protection is 5 sought and to specify the level of protection being asserted. Only those portions of the testimony 6 that are appropriately designated for protection within the 30 days shall be covered by the 7 provisions of this Stipulated Protective Order. Alternatively, a Designating Party may specify, at 8 the deposition or up to 30 days afterwards if that period is properly invoked, that the entire 9 transcript shall be treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 10 ATTORNEYS’ EYES ONLY.” 11 Parties shall give the other Parties notice if they reasonably expect a deposition, hearing or 12 other proceeding to include Protected Material so that the other Parties can ensure that only 13 authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound” 14 (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition 15 shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 16 – ATTORNEYS’ EYES ONLY.” 17 Transcripts containing Protected Material shall have an obvious legend on the title page 18 that the transcript contains Protected Material, and the title page shall be followed by a list of all 19 pages (including line numbers as appropriate) that have been designated as Protected Material and 20 the level of protection being asserted by the Designating Party. The Designating Party shall inform 21 the court reporter of these requirements. Any transcript that is prepared before the expiration of a 22 30-day period for designation shall be treated during that period as if it had been designated 23 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless otherwise 24 agreed. After the expiration of that period, the transcript shall be treated only as actually 25 designated. 26 (c) for information produced in some form other than documentary and for any other 27 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 28 or containers in which the information or item is stored the legend “CONFIDENTIAL” or 1 2 the information or item warrant protection, the Producing Party, to the extent practicable, shall 3 identify the protected portion(s) and specify the level of protection being asserted. 4 5.3 Inadvertent Failures to Designate. If the Disclosing Party corrects a failure to 5 designate qualified information within 10 days of discovering the inadvertent failure, that 6 inadvertent failure to designate qualified information or items does not, standing alone, waive the 7 Designating Party’s right to secure protection under this Order for such material. Upon timely 8 correction of a designation, the Receiving Party must make reasonable efforts to assure that the 9 material is treated in accordance with the provisions of this Order. 10 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 11 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 12 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 13 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 14 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 15 challenge a confidentiality designation by electing not to mount a challenge promptly after the 16 original designation is disclosed. 17 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process 18 by providing written notice of each designation it is challenging and describing the basis for each 19 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 20 recite that the challenge to confidentiality is being made in accordance with this specific paragraph 21 of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must 22 begin the process by conferring directly (in voice to voice dialogue; other forms of communication 23 are not sufficient) within 14 days of the date of service of notice. In conferring, the Challenging 24 Party must explain the basis for its belief that the confidentiality designation was not proper and 25 must give the Designating Party an opportunity to review the designated material, to reconsider 26 the circumstances, and, if no change in designation is offered, to explain the basis for the chosen 27 designation. A Challenging Party may proceed to the next stage of the challenge process only if it 28 has engaged in this meet and confer process first or establishes that the Designating Party is 1 2 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 3 intervention, the Designating Party shall file and serve a motion to retain confidentiality in 4 accordance with any applicable Local Rules within 21 days of the initial notice of challenge or 5 within 14 days of the parties agreeing that the meet and confer process will not resolve their 6 dispute, whichever is earlier. Each such motion must be accompanied by a competent declaration 7 affirming that the movant has complied with the meet and confer requirements imposed in the 8 preceding paragraph. Failure by the Designating Party to make such a motion including the 9 required declaration within 21 days (or 14 days, if applicable) shall automatically waive the 10 confidentiality designation for each challenged designation. In addition, the Challenging Party may 11 file a motion challenging a confidentiality designation at any time if there is good cause for doing 12 so, including a challenge to the designation of a deposition transcript or any portions thereof. Any 13 motion brought pursuant to this provision must be accompanied by a competent declaration 14 affirming that the movant has complied with the meet and confer requirements imposed by the 15 preceding paragraph. 16 The burden of persuasion in any such challenge proceeding shall be on the Designating 17 Party. Frivolous challenges and those made for an improper purpose (e.g., to harass or impose 18 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 19 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to 20 file a motion to retain confidentiality as described above, all parties shall continue to afford the 21 material in question the level of protection to which it is entitled under the Producing Party’s 22 designation until the court rules on the challenge. 23 7. ACCESS TO AND USE OF PROTECTED MATERIAL 24 7.1 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 25 produced by another Party or by a Non-Party in connection with this case or a Related Case only 26 for prosecuting, defending, or attempting to settle this litigation or litigation in a Related Case 27 provided that this protective order is also entered in the relevant Related Case. Such Protected 28 Material may be disclosed only to the categories of persons and under the conditions described in 1 2 provisions of section 13 below (FINAL DISPOSITION). 3 Protected Material must be stored and maintained by a Receiving Party at a location and in 4 a secure manner1 that ensures that access is limited to the persons authorized under this Order. 5 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 6 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 7 information or item designated “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 9 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 10 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that 11 is attached hereto as Exhibit A; 12 (b) the officers, directors, and employees (including House Counsel) of the Receiving Party 13 to whom disclosure is reasonably necessary for this litigation and who have signed the 14 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 15 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 16 reasonably necessary for this litigation and who have signed the “Acknowledgment and 17 Agreement to Be Bound” (Exhibit A); 18 (d) the court and its personnel; 19 (e) court reporters and their staff, professional jury or trial consultants, and Professional 20 Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the 21 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 22 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 23 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 24 unless otherwise agreed by the Designating Party or ordered by the court. Pages of transcribed 25 deposition testimony or exhibits to depositions that reveal Protected Material must be separately 26 bound by the court reporter and may not be disclosed to anyone except as permitted under this 27 1 It may be appropriate under certain circumstances to require the Receiving Party to store any 28 electronic Protected Material in password-protected form. 1 2 (g) the author or recipient of a document containing the information or a custodian or other 3 person who otherwise possessed or knew the information. 4 7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 5 Information or Items. Unless otherwise ordered by the court or permitted in writing by the 6 Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY 7 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees 9 of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information 10 for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that 11 is attached hereto as Exhibit A; 12 (b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for this 13 litigation, (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 14 and (3) who have been identified in writing to the Disclosing Party in advance, and are not or 15 anticipated to become owners, officers, directors, employees, or affiliates of a Party or a competitor 16 of a Party; 17 (c) the court and its personnel; 18 (d) court reporters and their staff, professional jury or trial consultants, and Professional 19 Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); and 21 (e) the author or recipient of a document containing the information or a custodian or other 22 person who otherwise possessed or knew the information. 23 7.4 Procedures for Objecting to Disclosure of “HIGHLY CONFIDENTIAL – 24 ATTORNEYS’ EYES ONLY” Information or Items to Experts. 25 (a) Unless otherwise ordered by the court or agreed to in writing by the Designating Party, 26 a Party that seeks to disclose to an Expert (as defined in this Order) any information or item that 27 has been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to 28 paragraph 7.3(c) must first provide written notice to the Designating Party that (1) identifies the 1 2 that the Receiving Party intends to disclose to the Expert, (2) sets forth the full name of the Expert 3 and the city and state of his or her primary residence, (3) attaches a copy of the Expert’s current 4 resume, (4) identifies the Expert’s current employer(s), and (5) provides a list of all other cases in 5 which, during the previous four years, the witness testified as an expert at trial or by deposition. 6 (b) A Party that provides the information specified in the preceding respective paragraphs 7 may disclose the subject Protected Material to the identified Expert unless, within three days of 8 delivering the request, the Party receives a written objection from the Designating Party. Any such 9 objection must set forth in detail the grounds on which it is based. 10 (c) A Party that receives a timely written objection must meet and confer with the 11 Designating Party (through direct voice to voice dialogue) to try to resolve the matter by agreement 12 within seven days of the written objection. If no agreement is reached, the Party seeking to make 13 the disclosure to the Expert may file a motion seeking permission from the court to do so. Any 14 such motion must describe the circumstances with specificity, set forth in detail the reasons why 15 the disclosure to the Expert is reasonably necessary, assess the risk of harm that the disclosure 16 would entail, and suggest any additional means that could be used to reduce that risk. In addition, 17 any such motion must be accompanied by a competent declaration describing the parties’ efforts 18 to resolve the matter by agreement (i.e., the extent and the content of the meet and confer 19 discussions) and setting forth the reasons advanced by the Designating Party for its refusal to 20 approve the disclosure. 21 In any such proceeding, the Party opposing disclosure to the Expert shall bear the burden 22 of proving that the risk of harm that the disclosure would entail (under the safeguards proposed) 23 outweighs the Receiving Party’s need to disclose the Protected Material to its Expert. 24 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 25 26 If a Party is served with a subpoena or a court order issued in other litigation that compels 27 disclosure of any information or items designated in this action as “CONFIDENTIAL” or 28 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party must: 1 2 of the subpoena or court order; 3 (b) promptly notify in writing the party who caused the subpoena or order to issue in the 4 other litigation that some or all of the material covered by the subpoena or order is subject to this 5 Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and 6 (c) cooperate with respect to all reasonable procedures sought to be pursued by the 7 Designating Party whose Protected Material may be affected. 8 If the Designating Party timely seeks a protective order, the Party served with the subpoena 9 or court order shall not produce any information designated in this action as “CONFIDENTIAL” 10 or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a determination by the 11 court from which the subpoena or order issued, unless the Party has obtained the Designating 12 Party’s permission. The Designating Party shall bear the burden and expense of seeking protection 13 in that court of its confidential material – and nothing in these provisions should be construed as 14 authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from 15 another court. 16 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION 17 18 The terms of this Order are applicable to information produced by a Non-Party in this 19 action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 20 EYES ONLY.” Such information produced by Non-Parties in connection with this litigation is 21 protected by the remedies and relief provided by this Order. Nothing in these provisions should be 22 construed as prohibiting a Non-Party from seeking additional protections. 23 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 24 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 25 Material to any person or in any circumstance not authorized under this Stipulated Protective 26 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 27 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 28 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 1 2 Agreement to Be Bound” that is attached hereto as Exhibit A. 3 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL 4 5 When a Producing Party gives notice to Receiving Parties that certain inadvertently 6 produced material is subject to a claim of privilege or other protection, the obligations of the 7 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 8 is not intended to modify whatever procedure may be established in an e-discovery order that 9 provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 10 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a 11 communication or information covered by the attorney-client privilege or work product protection, 12 the parties may incorporate their agreement in the stipulated protective order submitted to the 13 court. 14 12. MISCELLANEOUS 15 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 16 seek its modification by the court in the future. 17 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order 18 no Party waives any right it otherwise would have to object to disclosing or producing any 19 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 20 Party waives any right to object on any ground to use in evidence of any of the material covered 21 by this Protective Order. 22 12.3 Filing Protected Material. Without written permission from the Designating Party 23 or a court order secured after appropriate notice to all interested persons, a Party may not file in 24 the public record in this action any Protected Material. A Party that seeks to file under seal any 25 Protected Material must comply with Local Rule IA 10-5. If a Receiving Party's request to file 26 Protected Material under seal is denied by the court, then the Receiving Party may file the 27 Protected Material in the public record unless otherwise instructed by the court. 28 ... 1 2 motion for leave to file those documents under seal. See Local Rule IA 10-5(a). The Ninth Circuit 3 has held that there is a presumption of public access to judicial files and records, and that parties 4 seeking to maintain the confidentiality of documents attached to nondispositive motions must 5 show good cause exists to overcome the presumption of public access. Kamakana v. City and 6 County of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). Parties seeking to maintain the secrecy 7 of documents attached to dispositive motions must show compelling reasons sufficient to 8 overcome the presumption of public access. Id. at 1180. All motions to seal must address the 9 applicable standard and explain why that standard has been met. The fact that a court has entered 10 a blanket stipulated protective order and that a party has designated a document as confidential 11 pursuant to that protective order does not, standing alone, establish sufficient grounds to seal a 12 filed document. 13 If the sole ground for a motion to seal is that the opposing party (or non-party) has 14 designated a document as confidential, the designator shall file (within seven days of the filing of 15 the motion to seal) either (1) a declaration establishing sufficient justification for sealing each 16 document at issue or (2) a notice of withdrawal of the designation(s) and consent to unsealing. If 17 neither filing is made, the Court may order the document(s) unsealed without further notice. The 18 Parties shall comply with the requirements of Local Rule IA 10-5, the Ninth Circuit’s decision in 19 Kamakana, 447 F.3d 1172, and the procedures outlined above, with respect to any documents filed 20 under seal. 21 13. FINAL DISPOSITION 22 Within 60 days after the final disposition of this action, as defined in paragraph 4, each 23 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 24 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 25 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 26 the Protected Material is returned or destroyed, the Receiving Party must submit a written 27 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 28 by the 60-day deadline that (1) identifies (by category, where appropriate) all the Protected 1 || Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained 2 || any copies, abstracts, compilations, summaries or any other format reproducing or capturing any 3 || of the Protected Material. 4 Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 5 || pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 6 || correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant 7 || and expert work product, even if such materials contain Protected Material. Any such archival 8 || copies that contain or constitute Protected Material remain subject to this Protective Order as set 9 || forth in Section 4 (DURATION). 10 IT IS SO STIPULATED. 11 || Respectfully submitted, 12 || Dated this 23% day of July 2021. Dated this 23" day of July 2021. 13 GARMAN TURNER GORDON LLP RANDAZZA LEGAL GROUP, PLLC 14 By: _/s/ Jared M. Sechrist By: /s/ Ronald D. Green 15 ERIKA PIKE TURNER MARC J. RANDAZZA Nevada Bar No. 6454 Nevada Bar No. 12265 16 JARED M. SECHRIST RONALD D. GREEN Nevada Bar No. 10439 Nevada Bar No. 7360 17 7251 Amigo Street, Suite 210 2764 Lake Sahara Drive, Suite 109 Las Vegas, NV 89119 Las Vegas, NV 89117 18 Attorneys for Plaintiff, My Daily Choice Tel: (702) 420-2001 19 Fax: (305) 437-7662 Attorneys for Defendant, Erin Jackson 20 21 ORDER 22 IT IS SO ORDERED: 3 DATED: July 26, 2021 24 NA NANCY J. KOPPE. ‘5 \ 25 UNITED STATES MAGISTRATE JUDGE 26 27 28 Turner Gordon LLP Street, Suite 210 15

1 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ [print or 4 type full address], declare under penalty of perjury that I have read in its entirety and understand the 5 Stipulated Protective Order that was issued by the United States District Court for the District of Nevada 6 on _____________, 2021 in the case of My Daily Choice, Inc. v. Jackson, Case No. 2:20-CV-02237-JAD- 7 NJK. I agree to comply with and to be bound by all the terms of this Stipulated Protective Order and I 8 understand and acknowledge that failure to so comply could expose me to sanctions and punishment in the 9 nature of contempt. I solemnly promise that I will not disclose in any manner any information or item that 10 is subject to this Stipulated Protective Order to any person or entity except in strict compliance with the 11 provisions of this Order. 12 I further agree to submit to the jurisdiction of the United States District Court for the District of 13 Nevada for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement 14 proceedings occur after termination of this action. 15 I hereby appoint __________________________ [print or type full name] of 16 _______________________________________ [print or type full address and telephone number] as my 17 Nevada agent for service of process in connection with this action or any proceedings related to enforcement 18 of this Stipulated Protective Order. 19 20 Date: _________________________________ 21 City and State where sworn and signed: _________________________________ 22 Printed name: ______________________________ 23 [printed name]

24 Signature: __________________________________ [signature] 25