1 Katherine F. Parks, Esq. - State Bar No. 6227 2 Thorndal Armstrong Delk Balkenbush & Eisinger 3 6590 S. McCarran Blvd., Suite B 4 Reno, Nevada 89509 5 (775) 786-2882 6 Attorneys for Defendants 7 HOUSTON SPECIALTY INSURANCE COMPANY 8 AND ENGLE MARTIN &ASSOCIATES,LLC 9 10 11 UNITED STATES DISTRICT COURT 12 13 DISTRICT OF NEVADA 14 15 MARINA GARDENS – BDS, LLC., a 16 Nevada Limited Liability Company; MARINA 17 GARDENS –RAF, a Nevada Limited 18 Liability Company, 19 Plaintiffs, 20 21 vs. CASE NO. 3:19-CV-00048-LRH-WGC 22 23 HOUSTON SPECIALTY INSURANCE 24 COMPANY, a Texas Corporation; ENGLE 25 MARTIN & ASSOCIATES, LLC, a Georgia 26 Limited Liability Company; DOES I-XXX; 27 and ABC CORPORATIONS A-Z; inclusive, 28 29 Defendants. 30 ______________________________________ 31 32 STIPULATED PROTECTIVE ORDER 33 34 COMES NOW Defendant, Houston Specialty Insurance Company (“Defendant”), by and 35 through its attorneys of record, Thorndal Armstrong Delk Balkenbush & Eisinger, and hereby 36 responds to Plaintiffs’ Request for Production of Documents as follows: 37 In order to protect the confidentiality of confidential information obtained by the parties in 38 connection with this case, the parties hereby stipulate and agree as follows: 39 1. Any party or non-party may designate as “confidential” (by stamping the relevant 40 page ‘Confidential’ or as otherwise as set forth herein) any document, material, item or thing 1 (regardless of medium or manner generated, stored or maintained), produced pursuant to FRCP 2 26(a), response to written discovery, or testimony adduced at deposition which has not been made 3 public and that the designating party considers in good faith to contain information or financial 4 information and subject to protection under the Federal Rules of Civil Procedure (“Confidential 5 Information”). Where a document or response consists of more than one page, the first page and

6 each page on which Confidential Information appears shall be so designated. 7 2. A party or non-party may designate information disclosed during a deposition or 8 in response to written discovery as confidential by so indicating in the response or on the record 9 at the deposition. Additionally, a party or non-party may designate in writing, within twenty (20) 10 days after production of written discovery responses or receipt of the deposition transcript for 11 which the designation is proposed, the specific pages of the transcript and/or specific responses to 12 be treated as Confidential Information. Any other party may object to such proposal, in writing or 13 on the record. Upon such objection, the parties shall follow the procedures described in paragraph 14 8 below. After any designation made according to the procedure set forth in this paragraph, the

15 designated documents or information shall be treated according to the designation until the matter 16 is resolved according to the procedures described in paragraph 8 below, and counsel for all parties 17 shall be responsible for marking all previously unmarked copies of the designated material in their 18 possession or control with the specified designation. 19 3. All information produced or exchanged in the course of this case (other than 20 information that is publicly available) shall be used by the party or parties to whom the information 21 is produced solely for the purpose of this case. 22 4. Except with the prior written consent of other parties, or upon prior order of the 23 Court obtained upon notice to opposing counsel, Confidential Information shall not be disclosed 1 to any person other than: 2 (a) Individual plaintiffs and defendants, class representatives, and any officer 3 or employee of a party, to the extent deemed necessary by Counsel for the prosecution or defense 4 of this litigation; 5 (b) Counsel for the respective parties to this litigation, including in-house

6 counsel, of counsel and co-counsel retained for this litigation; 7 (c) Employees of such counsel; 8 (d) Consultants or expert witnesses retained for the prosecution or defense of 9 this litigation, provided that each such person shall execute a copy of the Certification annexed to 10 this Order as Exhibit “A” (which shall be retained by counsel to the party so disclosing the 11 Confidential Information and made available for inspection by opposing counsel during the 12 pendency or after the termination of the action only upon good cause shown and upon order of the 13 Court) before being shown or given any Confidential Information and provided that if the party 14 chooses a consultant or expert employed by the opposing party, or one of its competitors, the party

15 shall notify the opposing party, or designating non-party, before disclosing any Confidential 16 Information to that individual and shall give the opposing party an opportunity to move for a 17 protective order preventing or limiting such disclosure; 18 (e) Any authors or recipients of the Confidential Information; 19 (f) The Court, Court personnel, and court reporters; and, 20 (g) Witnesses (other than parties). 21 A witness shall sign the Certification before being shown a confidential document. 22 Confidential Information may be disclosed to a witness who will not sign the Certification only in 23 a deposition at which the party who designated the Confidential Information is represented or has 1 been given notice that Confidential Information shall be designated “confidential” pursuant to 2 paragraph 2 above. Witnesses shown Confidential Information shall not be allowed to retain 3 copies. 4 5. Any persons receiving Confidential Information shall not reveal or discuss such 5 information to or with any person who is not entitled to receive such information, except as set

6 forth herein. 7 6. No party or non-party shall file or submit for filing as part of the court record any 8 documents under seal without first obtaining leave of court. Notwithstanding any agreement 9 among the parties, the party seeking to file a paper under seal bears the burden of overcoming the 10 presumption in favor of public access to papers filed in court. 11 7. A party may designate as “confidential” documents or discovery materials produced 12 by a non-party by providing written notice to all parties of the relevant document numbers or other 13 identification within thirty (30) days after receiving such documents or discovery materials. 14 8. If a party contends that any material is not entitled to confidential treatment, such

15 party may at any time give written notice to the party or non-party who designated the material 16 Confidential Information. The party or non-party who designated the material as Confidential 17 Information shall have twenty-five (25) days from the receipt of such written notice to apply to the 18 Court for an order designating the material as Confidential Information. The party or nonparty 19 seeking the order has the burden of establishing that the document is entitled to protection. 20 9. Notwithstanding any challenge to the designation of material as Confidential 21 Information as referenced in par. 8, all documents designated as Confidential Information shall be 22 treated as such and shall be subject to the provisions hereof unless and until one of the following 23 occurs: 1 (a) The party or non-party claiming that the material is Confidential 2 Information withdraws such designation in writing; or, 3 (b) The party or non-party who claims that the material is Confidential 4 Information fails to apply to the Court for an order designating the material confidential within the 5 time period specified above in paragraph 8 after receipt of a written challenge to such designation;

6 or, 7 (c) The Court rules the material is not confidential. 8 10. All provisions of this Order restricting the communication or use of Confidential 9 Information shall continue to be binding after the conclusion of this action, unless otherwise agreed 10 or ordered. Upon conclusion of the litigation, a party in the possession of Confidential 11 Information, other than that which is contained in pleadings, correspondence, and deposition 12 transcripts, shall either (a) return such documents no later than thirty (30) days after conclusion of 13 this action to counsel for the party or non-party who provided such information, or (b) destroy 14 such documents upon consent of the party who provided the information and certify in writing

15 within thirty (30) days that the documents have been destroyed. 16 11. Any Party filing confidential information or motions to seal shall comply with LR 17 1 10-5. 18 12. The terms of this Order do not preclude, limit, restrict, or otherwise apply to the use 19 of documents at trial. 20 13. Nothing herein shall be deemed to waive any applicable privilege or work product 21 protection, or to affect the ability of a party to seek relief for an inadvertent disclosure of material 22 protected by privilege or work product protection. 23 14. Any witness or other person, firm or entity from which discovery is sought may be 1 informed of and may obtain the protection of this Order by written advice to the parties’ respective 2 counselor or by oral advice at the time of any deposition or similar proceeding. 3 15. The parties may further designate certain discovery material or testimony of a 4 highly confidential and/or proprietary nature as “CONFIDENTIAL-ATTORNEY’S EYES 5 ONLY” (hereinafter “Attorney’s Eyes Only Material”), in the manner described in paragraphs 1

6 and 2 above. Attorney’s Eyes Only Material, and the information contained therein, shall be 7 disclosed only to the Court, to counsel for the parties (including the paralegal, clerical, and 8 secretarial staff employed by such counsel), and to the “qualified person” listed in subparagraphs 9 4(b) through (g) above, but shall not be disclosed to a party, or to an officer, director or employee 10 of a party, unless otherwise agreed or ordered. If disclosure of Attorney’s Eyes Only Material is 11 made pursuant to this paragraph, all other provisions in this order with respect to confidentiality 12 shall also apply. 13 DATED this 30thday of August, 2019. 14 15 LEVERTY &ASSOCIATES LAWCHTD. 16 17 By: /s/ Patrick R.Leverty 18 Patrick R. Leverty, Esq. 19 Bar No. 8840 20 William R. Ginn, Esq. 21 Bar No. 6989 22 832 Willow Street 23 Reno, NV 89502 24 (775) 322-6636 25 [email protected] 26 bill @ levertylaw.com 27 28 ATTORNEYS FOR PLAINTIFFS MARINA GARDENS- 29 BDS,LLC,AND MARINA GARDENS –RAF 30 1 2 SHACKELFORD,BOWEN,MCKINLEY &NORTON, 3 LLP 4 5 By: /s/ StephenR.Wedemeyer 6 Stephen R. Wedemeyer 7 Matthew A. Foytlin 8 Admitted Pro Hac Vice 9 717 Texas Ave., 27thFloor 10 Houston, Texas 77002 11 (832) 415-1801 12 [email protected] 13 [email protected] 14 15 THORNDAL ARMSTRONG 16 DELK BALKENBUSH &EISINGER 17 Katherine F. Parks, Esq. 18 State Bar No. 6227 19 6590 S. McCarran Blvd., Suite B 20 Reno, Nevada 89509 21 (775) 786-2882 22 [email protected] 23 24 ATTORNEYS FOR DEFENDANTS 25 HOUSTON SPECIALTY INSURANCE COMPANY 26 AND ENGLE MARTIN &ASSOCIATES,LLC 27 1 ORDER 2 Paragraph 11 is modified as follows: Any motion regarding filing confidential information and 3 motions to seal shall also comply with the requirements of Kamakana v. City and County of Honolulu, 4

(9th Cir. 2006) and Center for Auto Safety v. Chrysler Group, LLC,

, 1097 5 (9th Cir. 2016). 6 IT IS SO ORDERED. 7 DATED: September 3, 2019. 8 9 ___________________________________ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 26 27 28