1 NICHOLAS M. WIECZOREK, ESQ. Nevada Bar No. 6170 2 Clark Hill PLLC 3800 Howard Hughes Parkway, Suite 500 3 Las Vegas, NV 89169 Telephone: (702) 862-8300 4|| Facsimile: (702) 862-8400 NWieczorek@ClarkHill.com ANDREW F. NEWMAN 6 Texas State Bar No. 24060331 pro hac vice CLARK HILL LLP 7 901 Main Street, Suite 6000 Dallas, Texas 75202 8 Telephone: (214) 651-2008 ANewman@ClarkHill.com Attorneys for Defendant 10 GAF Materials LLC 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 URBAN OUTFITTERS, INC., A Pennsylvania | Case No.: 3:21-CV-00109-MMD-CLB Corporation, 15 16 Plaintiff, STIPULATED PROTECTIVE ORDER VS. DERMODY OPERATING COMPANY, LLC, a Delaware limited liability company; UNITED CONSTRUCTION CO., a Nevada corporation; GAF MATERIALS 19 CORPORATION, a Delaware Corporation; 50 and DOES I through X, Defendants. 21 DERMODY OPERATING COMPANY, LLC, 54 a Delaware limited liability company, Third-Party Plaintiff. 24 Vs. 25|] D&D ROOFING AND SHEET METAL, INC., a Nevada corporation; ATLAS CONTRACTORS, INC., a Nevada Corporation, 27 Third-Party Defendants. 28
1 In order to protect the confidentiality of confidential information disclosed or obtained by 2|| the parties in connection with the instant case styled Urban Outfitters, Inc. v. Dermody Operating Co., LLC et al., Case No. 3:21-CV-109-MMD-CLB, filed in the United States District Court, 4|| District of Nevada (the “Litigation”), the parties hereby agree as follows: 5 1. Any party or non-party may designate as "confidential" (by stamping the relevant 6 || Page or document as otherwise set forth herein) any document or response to discovery which 7 that party or non-party considers in good faith to contain information involving trade secrets, or 8 confidential business or financial information, subject to protection under the Federal Rules of
9 Civil Procedure or Nevada law ("Confidential Information"). Where a document or response consists of more than one page, the first page and each page on which confidential information appears shall be so designated. 2. This Stipulated Protective Order (“Order”) governs the handling of all "? Confidential Information produced or disclosed by a party regardless of the medium or manner in 13 which the information is generated, stored, or maintained (including, among other things, 4 documents, transcripts, interrogatory responses, responses to requests for admissions, 15 declarations, exhibits, and briefs, or portions of such materials). This Order also applies to any 16)! materials created or generated by a receiving party that make reference to or contain Confidential Information. 18 This Order does not cover information or items that are in the public domain at the time o: 19|| disclosure or that become part of the public domain after their disclosure as a result of publicatior not involving a violation of this Order. 21 3. A party or non-party may designate Confidential Information disclosed during a deposition or in response to written discovery as "confidential" by so indicating in said response || or on the record at the deposition and requesting the preparation of a separate transcript of such material. Additionally, a party or non-party may designate in writing, within twenty (20) days 25 after receipt of said responses or of the deposition transcript for which the designation is proposed, that specific pages of the transcript and/or specific responses be treated as Confidential
57 Information. Any other party may object to such proposal, in writing or on the record. Upon such objection, the parties shall follow the procedures described in paragraph 10 below. After any 8 STIPULATED PROTECTIVE ORDER 3:21-CV-00109-MMD-CLB
|| designation made according to the procedure set forth in this paragraph, the designated 2|| documents or information shall be treated according to the designation until the matter is resolvec 3|| according to the procedures described in paragraph 10 below, and counsel for all parties shall be 4|| responsible for making all previously unmarked copies of the designated material in their || Possession or control with the specified designation. 6 4. All Confidential Information produced or exchanged in the course of the Litigatior 7 (other than information that is publicly available) shall be used by the party or parties to whom 8 the information is produced solely for the purpose of this Litigation. 9 5. Except with the prior written consent of the disclosing party, or upon prior order o this Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to any person other than: a. counsel for the respective parties to this Litigation, including in-house counsel and co-counsel retained for this Litigation; 13 b. employees of such counsel; 4 C. individual defendants, any officer or employee of a party, to the extent 15 deemed necessary by counsel for the prosecution or defense of the 16 Litigation; 17 d. consultants or expert witnesses retained for the prosecution or defense of 18 the Litigation, provided that each such person shall execute a copy of the 19 Certification annexed to this Order as Exhibit "A" (which shall be retained 20 by counsel to the party so disclosing the Confidential Information. 71 e. any authors or recipients of the Confidential Information; 22 f. the Court, Court personnel, and court reporters; and 3 g. witnesses (other than persons described in paragraph S5(e)). A witness shall sign the Certification before being shown a confidential document. 25 Confidential Information may be disclosed to a witness who will not sign the Certification only in a deposition at which the party who designated the
57 Confidential Information is represented or has been given notice that Confidential Information shall be disclosed at such deposition. Witnesses 8 STIPULATED PROTECTIVE ORDER 3:21-CV-00109-MMD-CLB
1 shown Confidential Information shall not be allowed to retain copies. 2 6. Any persons receiving Confidential Information shall not reveal or discuss such 3|| information to or with any person who is not entitled to receive such information, except as set 4|| forth herein. 5 7. Unless otherwise permitted by statute, rule or prior court order, papers filed with 6 the court under seal shall be accompanied by a contemporaneous motion for leave to file those 7 documents under seal, and shall be filed consistent with the court's electronic filing procedures in 8 accordance with Local Rule 10-5. Notwithstanding any agreement among the parties, the party 9 seeking to file a paper under seal bears the burden of overcoming the presumption in favor of public access to papers filed in court. Kamakana v. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006). 8. A party may designate as "confidential" documents or discovery materials 2 produced by a non-party by providing written notice to all parties of the relevant document 13 numbers or other identification within thirty (30) days after receiving such documents or 4 discovery materials. 15 9. Nothing in this Order will limit any party’s use of its own Confidential 16 Information, nor will anything in this Order prevent a party from voluntarily disclosing its own 17\| Confidential Information to any third party. 18 10. ‘Ifa party contends that any material is not entitled to confidential treatment, such 19|| party may at any time give written notice to the party or non-party who designated the material. 20|| The party or non-party who designated the material shall have twenty-one (21) days from the receipt of such written notice to apply to the Court for an order designating the material as confidential. The party or non-party seeking the order has the burden of establishing that the || document and/or testimony is entitled to protection under the terms of this Order. 11.
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1 NICHOLAS M. WIECZOREK, ESQ. Nevada Bar No. 6170 2 Clark Hill PLLC 3800 Howard Hughes Parkway, Suite 500 3 Las Vegas, NV 89169 Telephone: (702) 862-8300 4|| Facsimile: (702) 862-8400 NWieczorek@ClarkHill.com ANDREW F. NEWMAN 6 Texas State Bar No. 24060331 pro hac vice CLARK HILL LLP 7 901 Main Street, Suite 6000 Dallas, Texas 75202 8 Telephone: (214) 651-2008 ANewman@ClarkHill.com Attorneys for Defendant 10 GAF Materials LLC 11 UNITED STATES DISTRICT COURT 12 DISTRICT OF NEVADA 13 URBAN OUTFITTERS, INC., A Pennsylvania | Case No.: 3:21-CV-00109-MMD-CLB Corporation, 15 16 Plaintiff, STIPULATED PROTECTIVE ORDER VS. DERMODY OPERATING COMPANY, LLC, a Delaware limited liability company; UNITED CONSTRUCTION CO., a Nevada corporation; GAF MATERIALS 19 CORPORATION, a Delaware Corporation; 50 and DOES I through X, Defendants. 21 DERMODY OPERATING COMPANY, LLC, 54 a Delaware limited liability company, Third-Party Plaintiff. 24 Vs. 25|] D&D ROOFING AND SHEET METAL, INC., a Nevada corporation; ATLAS CONTRACTORS, INC., a Nevada Corporation, 27 Third-Party Defendants. 28
1 In order to protect the confidentiality of confidential information disclosed or obtained by 2|| the parties in connection with the instant case styled Urban Outfitters, Inc. v. Dermody Operating Co., LLC et al., Case No. 3:21-CV-109-MMD-CLB, filed in the United States District Court, 4|| District of Nevada (the “Litigation”), the parties hereby agree as follows: 5 1. Any party or non-party may designate as "confidential" (by stamping the relevant 6 || Page or document as otherwise set forth herein) any document or response to discovery which 7 that party or non-party considers in good faith to contain information involving trade secrets, or 8 confidential business or financial information, subject to protection under the Federal Rules of
9 Civil Procedure or Nevada law ("Confidential Information"). Where a document or response consists of more than one page, the first page and each page on which confidential information appears shall be so designated. 2. This Stipulated Protective Order (“Order”) governs the handling of all "? Confidential Information produced or disclosed by a party regardless of the medium or manner in 13 which the information is generated, stored, or maintained (including, among other things, 4 documents, transcripts, interrogatory responses, responses to requests for admissions, 15 declarations, exhibits, and briefs, or portions of such materials). This Order also applies to any 16)! materials created or generated by a receiving party that make reference to or contain Confidential Information. 18 This Order does not cover information or items that are in the public domain at the time o: 19|| disclosure or that become part of the public domain after their disclosure as a result of publicatior not involving a violation of this Order. 21 3. A party or non-party may designate Confidential Information disclosed during a deposition or in response to written discovery as "confidential" by so indicating in said response || or on the record at the deposition and requesting the preparation of a separate transcript of such material. Additionally, a party or non-party may designate in writing, within twenty (20) days 25 after receipt of said responses or of the deposition transcript for which the designation is proposed, that specific pages of the transcript and/or specific responses be treated as Confidential
57 Information. Any other party may object to such proposal, in writing or on the record. Upon such objection, the parties shall follow the procedures described in paragraph 10 below. After any 8 STIPULATED PROTECTIVE ORDER 3:21-CV-00109-MMD-CLB
|| designation made according to the procedure set forth in this paragraph, the designated 2|| documents or information shall be treated according to the designation until the matter is resolvec 3|| according to the procedures described in paragraph 10 below, and counsel for all parties shall be 4|| responsible for making all previously unmarked copies of the designated material in their || Possession or control with the specified designation. 6 4. All Confidential Information produced or exchanged in the course of the Litigatior 7 (other than information that is publicly available) shall be used by the party or parties to whom 8 the information is produced solely for the purpose of this Litigation. 9 5. Except with the prior written consent of the disclosing party, or upon prior order o this Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed to any person other than: a. counsel for the respective parties to this Litigation, including in-house counsel and co-counsel retained for this Litigation; 13 b. employees of such counsel; 4 C. individual defendants, any officer or employee of a party, to the extent 15 deemed necessary by counsel for the prosecution or defense of the 16 Litigation; 17 d. consultants or expert witnesses retained for the prosecution or defense of 18 the Litigation, provided that each such person shall execute a copy of the 19 Certification annexed to this Order as Exhibit "A" (which shall be retained 20 by counsel to the party so disclosing the Confidential Information. 71 e. any authors or recipients of the Confidential Information; 22 f. the Court, Court personnel, and court reporters; and 3 g. witnesses (other than persons described in paragraph S5(e)). A witness shall sign the Certification before being shown a confidential document. 25 Confidential Information may be disclosed to a witness who will not sign the Certification only in a deposition at which the party who designated the
57 Confidential Information is represented or has been given notice that Confidential Information shall be disclosed at such deposition. Witnesses 8 STIPULATED PROTECTIVE ORDER 3:21-CV-00109-MMD-CLB
1 shown Confidential Information shall not be allowed to retain copies. 2 6. Any persons receiving Confidential Information shall not reveal or discuss such 3|| information to or with any person who is not entitled to receive such information, except as set 4|| forth herein. 5 7. Unless otherwise permitted by statute, rule or prior court order, papers filed with 6 the court under seal shall be accompanied by a contemporaneous motion for leave to file those 7 documents under seal, and shall be filed consistent with the court's electronic filing procedures in 8 accordance with Local Rule 10-5. Notwithstanding any agreement among the parties, the party 9 seeking to file a paper under seal bears the burden of overcoming the presumption in favor of public access to papers filed in court. Kamakana v. City and County of Honolulu, 447 F.2d 1172 (9th Cir. 2006). 8. A party may designate as "confidential" documents or discovery materials 2 produced by a non-party by providing written notice to all parties of the relevant document 13 numbers or other identification within thirty (30) days after receiving such documents or 4 discovery materials. 15 9. Nothing in this Order will limit any party’s use of its own Confidential 16 Information, nor will anything in this Order prevent a party from voluntarily disclosing its own 17\| Confidential Information to any third party. 18 10. ‘Ifa party contends that any material is not entitled to confidential treatment, such 19|| party may at any time give written notice to the party or non-party who designated the material. 20|| The party or non-party who designated the material shall have twenty-one (21) days from the receipt of such written notice to apply to the Court for an order designating the material as confidential. The party or non-party seeking the order has the burden of establishing that the || document and/or testimony is entitled to protection under the terms of this Order. 11. Notwithstanding any challenge to the designation of material as Confidential 25 Information, all documents designated as Confidential shall be treated as such and shall be subjec to the provisions of this Order unless and until one of the following occurs:
57 a. the party or non-party who claims that the material is Confidential Information withdraws such designation in writing; or 8 STIPULATED PROTECTIVE ORDER 3:21-CV-00109-MMD-CLB
l b. the party or non-party who claims that the material is Confidential 2 Information fails to apply to the Court for an order designating the material 3 confidential within the time period specified above after receipt of a □□□□□□□ 4 challenge to such designation; or 5 C. the Court rules the material is not confidential. 6 12. —_ All provisions of this Order restricting the communication or use of Confidential 7 Information shall continue to be binding after the conclusion of the Litigation, unless otherwise 8 agreed or ordered. Upon conclusion of the Litigation, a party in the possession of Confidential 9 Information, other than that which is contained in pleadings, correspondence, and deposition 109 || transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion 01 11 || the Litigation to counsel for the party or non-party who provided such information, or (b) destroy 12|| such documents upon consent of the disclosing party and certify in writing within thirty (30) days B that the documents have been destroyed. 14 13. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the || use of materials containing Confidential Information at trial. 16 14. Nothing herein shall be deemed to waive any applicable privilege or work product 17 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 18 protected by an applicable privilege or work product protection. 19 15. Any witness or other person, firm or entity from which discovery is sought may be 0 informed of and may obtain the protection of this Order by written request to the parties' 1 respective counsel or by oral request at the time of any deposition or similar proceeding. 2 DATED this 5th day of May, 2022. 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER 3:21-CV-00109-MMD-CLB
1 GORDON REES SCULLY MANSUKHANI, THORNDAL ARMSTRONG DELK LLP BALKENBUSH & EISINGER 3 /s/ Brian K. Walters /s/Charles L. Burcham ROBERT E. SCHUMACHER CHARLES L. BURCHAM 4 Nevada Bar No. 7504 Nevada Bar No. 2673 BRIAN K. WALTERS Justin H. Pfrehm 5 Nevada Bar No. 9711 Nevada Bar No. 7484 300 South 4" Street, Suite 1550 6590 S. McCarran, Suite B 6 Las Vegas, NV 89101 Reno, NV 89509 Telephone: (702)577-9300 Telephone: (775)786-2882 7 Facsimile: (702) 255-2858 clb@thorndal.com bwalters@grsm.com 8 Counsel for Dermody Operating Company, Counsel for Urban Outfitters, Inc., Plaintiff LLC, Defendant LINCOLN, GUSTAFSON & CERCOS, LLP CISNEROS & MARIAS 10 11 /s/Shannon G. Splaine, Esq. /s/ Kenneth M. Marias, Esq. SHANNON G. SPLAINE KENNETH M. MARIAS 12 Nevada Bar No. 8241 Nevada Bar No. 005062 ROBERT N. EATON 6671 S. Las Vegas Boulevard 13 Nevada Bar No. 9547 Building D, Suite 215 3960 Howard Hughes Parkway, Suite 200 Las Vegas, NV 89119 14 Las Vegas, NV 89169 Mail To Telephone: (702) 257-1997 1299 Zurich Way, Suite 250 15 Facsimile: (702) 257-2203 Schaumburg, IL 60196 ssplaine@lgclawoffice.com Telephone: (702) 233-9660 16 Facsimile: (702) 233-9665 Counsel for United Construction Co., Kenneth.marias@zurichna.com 17 Defendant Counsel for Atlas Contractors, Inc., Third- 18 Party Defendant 19 WOLFENZON ROLLE CLARK HILL PLLC 20 /s/Jonathan P. Rolle, Esq. 21 JONATHAN P. ROLLE /s/Nicholas M. Wieczorek Nevada Bar No. 4367 NICHOLAS M. WIECZOREK 22 BRUNO WOLFENZON Nevada Bar No. 6170 Nevada Bar No. 6177 3800 Howard Hughes Parkway, Suite 500 23 JIMMY T. LEE Las Vegas, NV 89169 Nevada Bar No. 12806 Telephone:(702) 862-8300 24 6725 Via Austi Pkwy, Ste. 260 Facsimile:(702) 862-8400 Las Vegas, NV 89119 NWieczorek@ClarkHill.com 25 (702)836-3138 jrolle@wolfenzon.com; ANDREW F. NEWMAN 26 Texas State Bar No. 24060331 Counsel for D&D Roofing and Sheet Metal, (admitted pro hac vice) 27 Third-Party Defendant CLARK HILL LLP 901 Main Street, Suite 6000 28 STIPULATED PROTECTIVE ORDER 3:21-CV-00109-MMD-CLB
1 Dallas, Texas75202 Telephone: (214) 651-2008 2 anewman(@clarkhill.com 3 The Court's jurisdiction over this protective Counsel for Defendant order shall cease upon termination of this GAF Materials LLC 4 case. 5 ORDER 6 IT ISSO ORDERED this — 5th day of May , 2022. * 8 UNITED STATES MAGISTRATE 9 JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER 3:21-CV-00109-MMD-CLB
1 CERTIFICATION 2 I hereby certify my understanding that Confidential Information is being provided to me 3|| pursuant to the terms and restrictions of the Protective Order dated , 2022 in 4|| Urban Outfitters, Inc. v. Dermody Operating Company, LLC et al., United States District Court 5 Case No. 3:21-cv-00109-MMD-CLB. I have been given a copy of the Order and have read it. I 6|| agree to be bound by the Order. I will not reveal the Confidential Information to anyone, except 7|| 4 allowed by the Order. I will maintain all such Confidential Information — including copies, notes, or other transcriptions made therefrom — in a secure manner to prevent unauthorized access
9 to it. No later than thirty (30) days after the conclusion of this Litigation, I will return the Confidential Information — including copies, notes or other transcriptions made therefrom — to the counsel who provided me with the Confidential Information. I hereby consent to the jurisdiction of the United States District Court for the purpose of enforcing the Protective Order. 2 DATED this day of May, 2022. 13 14 15
16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER 3:21-CV-00109-MMD-CLB