1 |} Matthew Addison, Esq. (NSBN 4201) Sylvia Harrison, Esq. (NSBN 4106) 2 || Sarah Ferguson, Esq. (NSBN 14515) McDONALD CARANO LLP 3 100 West Liberty Street, 10th Floor Reno, Nevada 89501 4 || Telephone: (775) 788-2000 maddison @ mcdonaldcarano.com 5 || [email protected] [email protected] 6 || Attorneys for Plaintiff 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 10 || NEVADA GOLD MINES LLC, a Delaware | Case No. 3:18-cv-00575-RCJ-WGC = limited liability company, 11 Plaintiff, gg (12 8 13 vs. 88 14 || IMATECH SYSTEMS CYPRUS PTY LTD z 5 dba ARMORPIPE™ TECHNOLOGIES, a 15 |] foreign Corporation; INTERNATIONAL 16 MATERIALS & TECHNOLOGY PTY Z LIMITED dba IMATECH, a foreign ee 17 || corporation, IMATECH MANUFACTURING CENTRE PTY LTD a foreign Corporation; 8 18 || ARMORPIPE PTY LTD., a foreign corporation and DOES 1 to 10, inclusive, 20 Defendants. 21 STIPULATION AND PROTECTIVE ORDER 22 It is hereby stipulated by and among Plaintiff NEVADA GOLD MINES, LLC and 23 || Defendant IMATECH SYSTEMS CYPRUS PTY LTD dba ARMORPIPE™ 24 || TECHNOLOGIES, International Materials & Technology Pty Limited dba Imatech, IMATECH 25 || MANUFACTURING CENTRE PTY LTD, and ARMORPIPE Pty Ltd (collectively the 26 || “Parties”),! by and through their attorneys, in order to facilitate the exchange of information and 27 23}, ee All jurisdictional objections are preserved by defendants.

1 || documents which may be subject to confidentiality limitations on disclosure due to federal laws, 2 || state laws, and privacy rights, an order shall be entered as follows: 3 1. In this Protective Order, the words set forth below shall have the following 4 || meanings: 5 a. “Proceeding” means the proceeding entitled Nevada Gold Mines, LLC y. 6 || Imatech Systems Cyptus Pty. Ltd. dba ARMORPIPE™ Technologies, et al., Case No. 3:18-cv- 7 || 00575-HDM-WGC. 8 c. “Material” means any documents, testimony, information or tangible 9 || items produced, provided or created in connection with this Proceeding, including documents 10 || already produced. 11 d. “Confidential Material” means any documents, testimony, information or < 12 || tangible items produced, provided or created in connection with this Proceeding that are ee 13 || reasonably and in good faith believed by a Designating Party to contain trade secrets, proprietary 3 14 |) business information, competitively sensitive information, personal or private financial 5 15 || information, health information, or any other information the disclosure of which would, in the 16 || reasonable and good faith judgment of the Designating Party, be detrimental to its livelihood and 17 || reputation, or the conduct of its business. 18 e. “Designating Party’ means the Party that designates Material as 19 || “Confidential.” 20 f. “Disclose” or “Disclosed” or “Disclosure” means to produce, provide, 21 |} reveal, divulge, give, or make available Materials, or any part thereof, or any information 22 || contained therein, in connection with this Proceeding. 23 g. “Document” means any discoverable item pursuant to the Federal Rules 24 || of Civil Procedure that has been or will be produced (i) before discovery for settlement 25 || purposes, or in discovery in this Proceeding by any person, and (11) any copies, reproductions, or 26 || summaries of all or any part of the foregoing. 27 h. “Information” means the content of documents, testimony or tangible 28 || items.

1 1. “Testimony” means all depositions, declarations, affidavits, or other 2 || testimony taken during or generated in connection with this Proceeding. 3 2. All material received by any Party pursuant to a discovery request, subpoena, 4 || court order, Federal Rule of Civil Procedure, or by any other means within the context of this 5 || Proceeding, whether such Material is designated as Confidential Material or not, shall be used 6 || solely for the purposes of the prosecution, defense and/or settlement of this Proceeding, 7 || including any appeals, and shall not be used for any other purpose whatsoever, including, 8 || without limitation, any other litigation or proceedings or any business, competitive or private or 9 || purpose or function. However, notwithstanding any other paragraph of this Protective Order, no 10 || Party shall be restricted by this Protective Order in dealing as it chooses with any material that 11 || was rightfully in its possession prior to receiving such material in discovery in this proceeding. < 12 a. To the extent either Party wishes to designate as “Confidential” any ee 13 || Material that has been produced in initial disclosures, the Designating Party must identify in 3 14 |) writing such Materials by Bates number within fifteen (15) days of entry of this Order. The 5 15 || other Party shall then treat the Materials according to the terms of this Protective Order. ES 16 3. The Designating Party shall have the right to designate as “Confidential” any

Be 17 || documents, testimony, information or tangible items that the Designating Party reasonably and 8 18 || in good faith believes to contain trade secrets, proprietary business information, competitively 19 || sensitive information, personal or private financial information, or health information. 20 4. The entry of this Protective Order does not alter, waive, modify, or abridge any 21 || right, privilege or protection otherwise available to any Party with respect to the discovery of 22 |} matters, including but not limited to any Party’s right to assert the attorney-client privilege, the 23 || attorney work product doctrine, or other privileges, or any Party’s right to contest any such 24 || assertion. 25 5. Any documents, testimony, information or tangible items to be designated as 26 || “Confidential” must be clearly so designated before the document, testimony, information or 27 || tangible item is disclosed or produced. The means of designating documents, testimony, 28 || information and tangible items as confidential is as follows:

1 a. For documents (apart from transcripts of depositions or other pretrial or trial 2 || proceedings), the Designating Party must affix the legend “‘Confidential” on each page of any 3 || document containing such designated Confidential Material. The “Confidential” legend should 4 || not obscure or interfere with the legibility of the designated documents. 5 b. For testimony given in depositions, all transcripts of depositions and exhibits 6 || thereto shall, in their entirety, be treated as Confidential Material for a period of 30 days after 7 || such transcripts are actually received by counsel for each of the parties, and the initial transcripts 8 || (including the exhibits thereto) prepared by the court reporter shall be designated Confidential 9 || Material and shall contain the legend “Confidential” at the top of each page. During the 30-day 10 || period following receipt of a transcript by counsel for each of the parties, the transcripts and 11 || exhibits thereto may be designated in whole or in part as Confidential Material pursuant to the 12 || terms of this Protective Order by notifying all counsel in writing. At the conclusion of the 30- ee 13 || day period, the court reporter shall prepare final transcripts in which the non-Confidential and 8 : 14 || Confidential sections are separately bound, unless during the 30-day period the Parties agree that 5 15 |) it shall be unnecessary for such final transcripts to be prepared. Additionally, during a 16 || deposition, counsel for a party or the witness may designate the testimony or the exhibits being a 17 || discussed as “Confidential” based on the reasonable and good faith view that the testimony 8 18 || and/or exhibits contain trade secrets, proprietary business information, competitively sensitive 19 |) information, personal or private financial information, or health information. If such a 20 || designation is made during a deposition, only the court reporter and those persons who are 21 || authorized by the terms of this Protective Order may be present. 22 c. For information produced in some form other than documents, and for any other 23 || tangible items, including, without limitation, compact discs or DVDs, the Designating Party 24 || must affix in a prominent place on the exterior of the container or containers in which the 25 || information or item is stored the legend “Confidential.” If only portions of the information or 26 || tangible item warrant protection, the Designating Party, to the extent practicable, shall identify 27 || the “Confidential” portions by means of a letter to all counsel. 28 6. The inadvertent production by any of the undersigned Parties or non-Parties to

1 || this Proceeding of any document, testimony, information or tangible item during discovery in 2 || the Proceeding without a “Confidential” designation, shall be without prejudice to any claim that 3 || such item is “Confidential” and such Party shall not be held to have waived any rights by such 4 || inadvertent production. In the event that any document, testimony, information or tangible item 5 || that is subject to a “Confidential” designation is inadvertently produced without such 6 || designation, the Party or non-Party that inadvertently produced the document shall give written 7 || notice of such inadvertent production within twenty (20) days of discovery of the inadvertent 8 || production (the “Inadvertent Production Notice’), together with a further copy of the subject 9 || document, testimony, information or tangible item designated as “Confidential.” 10 Upon receipt of such Inadvertent Production Notice and newly marked “Confidential” 11 || material, the Party that received the inadvertently produced document, testimony, information or < 12 || tangible item shall promptly destroy the inadvertently produced document, testimony, ee 13 || information or tangible item and all copies thereof, or, at the expense of the producing Party or 3 14 || non-Party, shall return such together with all copies of such document, testimony, information or 5 15 || tangible item to counsel for the producing Party or non-Party and retain only the version of the ES 16 || document, testimony, information or tangible item that contains the “Confidential” legend.

Be 17 || Should the receiving Party choose to destroy such inadvertently produced documents, testimony, 8 18 |) information or tangible items, the receiving Party shall notify the producing Party or non-Party 19 || in writing of such destruction within ten (10) days of receipt of the Inadvertent Production 20 || Notice. This provision is not intended to apply to any inadvertent production of any information 21 || protected by attorney-client or work product privileges. In the event that this provision conflicts 22 || with any applicable law regarding waiver of confidentiality through the inadvertent production 23 || of documents, testimony, information or tangible items, such law shall govern. 24 7. In the event that counsel for a Party receiving documents, testimony, information 25 || or tangible items designated as “Confidential” objects to such designation with respect to any or 26 || all of such items, said counsel shall advise counsel for the Designating Party, in writing, of such 27 || objections, the specific documents, testimony, information or tangible items to which each 28 || objection pertains, and the specific reasons and support for such objections (the “Designation

1 || Objections”). Counsel for the Designating Party shall have five (5) business days from receipt 2 || of the written Designation Objections to either (a) agree in writing to de-designate documents, 3 || testimony, information or tangible items pursuant to any or all of the Designation Objections, or 4 || (b) indicate in writing that the Designating Party continues to assert that such items are properly 5 || designated as “Confidential,” and set forth the basis for the designation. If counsel for the Party 6 || that objected to the “Confidential” designation continues to object to that designation, then such 7 || Party may move for an order determining that the documents, testimony, information or tangible 8 || items were not properly designated (the “De-Designation Motion”). The burden of proof 9 || regarding confidentiality shall be borne by the designating party. Pending a resolution of the 10 || De-Designation Motion by the Court, any and all existing designations on the documents, 11 || testimony, information or tangible items at issue in such motion shall remain in place. < 12 8. Access to and/or Disclosure of Confidential Materials designated as ee 13 || “Confidential” shall be permitted only to the following persons: 3 14 a. this Court and its staff; 5 15 b. the attorneys of record in the Proceeding and their affiliated attorneys, : 16 || paralegals, clerical and secretarial staff;

Be 17 Cc. in-house counsel to the undersigned Parties and the paralegal, clerical and 8 18 || secretarial staff employed by such counsel, provided, however, that each non-lawyer given 19 || access to Confidential Materials shall be advised that such Materials are being disclosed 20 || pursuant to, and are subject to, the terms of this Protective Order and that such Materials may 21 || not be Disclosed other than pursuant to its terms; 22 d. the Parties and those officers, directors, partners, members, employees 23 || and agents of all non-designating Parties that counsel for such Parties deems necessary to aid 24 || counsel in the prosecution and defense of this Proceeding; provided, however, that prior to the 25 || disclosure of Confidential Materials to any such officer, director, partner, member, employee or 26 || agent, counsel for the Party making the disclosure shall deliver a copy of this Protective Order to 27 || such person, shall explain that such person is bound to follow the terms of the Protective Order, 28 || and shall secure the signature of such person on a statement in the form attached hereto as

1 Exhibit A. Counsel making disclosure of Confidential Material to any such officer, director, 2 || partner, member, employee or agent of a non-designating Party shall retain the original executed 3 || copy of said statement until no less than one year following the termination of this litigation. 4 e. court reporters in this Proceeding (whether at depositions, hearings, or 5 || any other proceeding); 6 f. any deposition, trial or hearing witness in the Proceeding who previously 7 || has had access to the Confidential Materials, or who is currently or was previously an officer, 8 || director, partner, member, employee or agent of an entity that has had access to the Confidential 9 || Materials; 10 g. any deposition or non-trial hearing witness in the Proceeding who 11 || previously did not have access to the Confidential Materials; provided, however, that each such < 12 || witness given access to Confidential Materials shall sign Exhibit A attached hereto and be ee 13 || advised that such Confidential Materials are being disclosed pursuant to, and are subject to the 3 14 || terms of, this Protective Order and that such Confidential Materials may not be disclosed other 5 15 || than pursuant to its terms; ES 16 h. outside experts or consultants (including, without limitation, any imaging

Be 17 || or other litigation support vendor) retained by the undersigned Parties or their counsel in 8 18 || connection with the Proceeding, whether or not retained to testify at any oral hearing; provided, 19 || however, that prior to the disclosure of Confidential Materials to any such expert or consultant, 20 |} counsel for the Party making the disclosure shall deliver a copy of this Protective Order to such 21 |} person, shall explain its terms to such person, and shall secure the signature of such person on a 22 || statement in the form attached hereto as Exhibit A. It shall be the obligation of counsel, upon 23 || learning of any breach or threatened breach of this Protective Order by any such expert or 24 || consultant, to promptly notify counsel for the Designating Party of such breach or threatened 25 || breach; and 26 1. any other person that the Designating Party agrees to in writing. 27 9. Any Party to the Proceeding (or other person subject to the terms of this 28 || Protective Order) may ask the Court, after appropriate notice to the other Parties to the

1 || Proceeding, to modify or grant relief from any provision of this Protective Order. 2 10. Entering into, agreeing to, and/or complying with the terms of this Protective 3 || Order shall not: 4 a. operate as an admission by any person that any particular document, 5 || testimony, information or tangible item marked “Confidential” contains trade secrets, 6 || proprietary business information, competitively sensitive information, personal or private 7 || financial information, or health information; or 8 b. prejudice in any way the right of any Party (or any other person subject to 9 || the terms of this Protective Order): 10 1. to seek a determination by the Court of whether any particular 11 || item of Confidential Material should be subject to protection as “Confidential” under the terms < g 12 || of this Protective Order; or ee 13 il. to seek relief from the Court on appropriate notice to all other 3 14 || Parties to the Proceeding from any provision(s) of this Protective Order, either generally or as to 5 15 || any particular document, testimony, information or tangible item. ES 16 11. Any Party to the Proceeding who has not executed this Protective Order as of the

Be 17 || time it is presented to the Court for signature may thereafter become a Party to this Protective 8 18 || Order by its counsel’s signing and dating a copy thereof and filing the same with the Court, and 19 || serving copies of such signed and dated copy upon the other Parties to this Protective Order. 20 12. Any documents, testimony, information or tangible item that may be produced by 21 |} anon-Party witness in discovery in this Proceeding, whether pursuant to subpoena or otherwise, 22 || may be designated by such non-Party or Party as “Confidential” under the terms of this 23 || Protective Order. Any dispute regarding such designation shall be resolved by this Court to the 24 || greatest extent possible. 25 13. If any person subject to this Protective Order who has custody of any 26 |} Confidential Materials receives a subpoena or other process (“Subpoena”) from any government 27 || or other person or entity demanding production of Confidential Materials, the recipient of the 28 || Subpoena shall (except as otherwise prohibited by law or Court order) promptly give notice of

1 || the same by electronic mail transmission, followed by either express mail or overnight delivery 2 || to counsel of record for the Designating Party, and shall furnish such counsel with a copy of the 3 || Subpoena. Upon receipt of this notice, the Designating Party may, in its sole discretion and at 4 || its own cost, move to quash or limit the Subpoena, otherwise oppose production of the 5 || Confidential Materials, and/or seek to obtain confidential treatment of such Confidential 6 || Materials from the subpoenaing person or entity to the fullest extent available under law. The 7 || recipient of the Subpoena may not produce any documents, testimony, information or tangible 8 || items pursuant to the Subpoena prior to the date specified for production on the Subpoena. 9 14. Nothing in this Protective Order shall be construed to preclude either Party from 10 |) asserting in good faith that certain Confidential Materials require additional protection. The 11 || Parties shall meet and confer to agree upon the terms of such additional protection. 12 15. If, after entry of this Protective Order, any Confidential Materials submitted by a ee 13 || Designating Party under the terms of this Protective Order is disclosed by a non-Designating 8 14 |) Party to any person other than in the manner authorized by this Protective Order, the non- 5 15 || Designating Party responsible for the disclosure shall bring all pertinent facts relating to the 16 || disclosure of such Confidential Materials to the immediate attention of the Designating Party. a 17 16. All persons subject to the terms of this Protective Order agree that this Court 8 18 || shall retain jurisdiction over them for the purpose of enforcing this Protective Order. 19 17. This Protective Order is entered into without prejudice to the right of any Party 20 || to knowingly waive the applicability of this Protective Order to any Confidential Materials 21 || designated by that Party. If the Designating Party uses Confidential Materials in a non- 22 || Confidential manner, then the Designating Party shall advise that the designation no longer 23 || applies. 24 18. Any Party who seeks to make any document or information designated 25 || “Confidential” a part of the record shall file a motion with the Court seeking an order permitting 26 |} the document to be filed under seal. If the Court should deny any such motion, the parties shall 27 || use their good-faith efforts to protect the “Confidential” information pursuant to this Stipulated 28 || Protective Order. A Party seeking to seal documents shall submit a separate memorandum of

1 || points and authorities that presents articulated facts identifying reasons for non-disclosure that 2 || are sufficient to overcome the strong presumption of public access to information in a court 3 || proceeding. Any application to seal documents shall be served on opposing counsel together 4 || with the documents proposed to be filed under seal. Such service on opposing counsel shall be 5 || made timely so as to allow opposing counsel ample time to respond without causing a delay in 6 || the preceding. 7 19, The Parties shall meet and confer regarding the procedures for use of 8 || Confidential Materials at trial and shall move the Court for entry of an appropriate order. 9 20. Nothing in this Protective Order shall affect the admissibility into evidence of 10 || Confidential Materials, or abridge the rights of any person to seek judicial review or to pursue 11 || other appropriate judicial action with respect to any ruling made by the Court concerning the g 12 |) issue of the status of Confidential Materials. ee 13 21. This Protective Order shall continue to be binding after the conclusion of this 14 || Proceeding and all subsequent proceedings arising from this Proceeding, except that a Party may 5 15 || seek the written permission of the Designating Party or may move the Court for relief from the 16 || provisions of this Protective Order. To the extent permitted by law, the Court shall retain a 17 || jurisdiction to enforce, modify, or reconsider this Protective Order, even after the Proceeding is 8 18 |] terminated. 19 22. Upon written request made within thirty (30) days after the settlement or other 20 || termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a) 21 || promptly return to counsel for each Designating Party all Confidential Materials and all copies 22 || thereof (except that counsel for each Party may maintain in its files, in continuing compliance 23 || with the terms of this Protective Order, all work product, one copy of each pleading filed with 24 || the Court, and one copy of each deposition together with the exhibits marked at the deposition), 25 || (b) agree with counsel for the Designating Party upon appropriate methods and certification of 26 |} destruction or other disposition of such Confidential Materials, or (c) as to any documents, 27 || testimony, information or tangible items not addressed by sub-paragraphs (a) and (b), file a 28 || motion seeking a Court order regarding proper preservation of such Confidential Materials. To

1 || the extent permitted by law the Court shall retain continuing jurisdiction to review and rule upon 2 || the motion referred to in sub-paragraph (c) herein. 3 24. The Parties and all signatories to the Certification attached hereto as Exhibit A 4 || shall be bound by this Protective Order. In the event that the Court modifies this Protective 5 || Order, the Parties shall be bound by this Protective Order until such time as the Court may enter 6 || such a different Order. 7 IT IS SO STIPULATED AND AGREED. 8 || DATED this 10" day of June, 2020. DATED this 10" day of June, 2020. 9 || McDONALD CARANO LLP SANTORO WHITMIRE 10 By: 4/ Sarah Ferguson By: 4/ James E. Whitmire 8 Ul Matthew Addison, Esq. (NSBN 4201) James E. Whitmire, Esq. (NSBN 6533) % Sylvia Harrison, Esq. (NSBN 4106) SANTORO WHITMIRE 2 Sa reretson rsa. (SBN 14515) 10100 W. Charleston Blvd., Suite 250 28 || 100 West Liberty Street, 10th Floor Las Vegas, NV 89139 Reno, Nevada 89501 Attorneys for Defendants

3 14 Attorneys for Plaintiffs

ES 16 ORDER V7 Paragraph 18: Any motion regarding filing confidential information and motions to seal shall comply 18 with LR IA 10-5 and the requirements of Kamakana v. City and County of Honolulu,

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

(9th Cir. 20 19 Paragraphs 16, 21: The Protective Order is modified to reflect that although the parties may agree tc 20 bound by the confidentiality terms of this Order beyond the conclusion of this lawsuit, the dismissal of this action will terminate the jurisdiction of this Court. 21 IT IS SO ORDERED. 22 23 24 25 26 IT IS SO ORDERED.

UNITED STATES MAGISTRATE JUDGE 28 DATED: June 15,2020 000

Exhibit A

CERTIFICATION RE CONFIDENTIAL

DISCOVERY MATERIALS

Exhibit A 1 EXHIBIT A 2 CERTIFICATION RE: CONFIDENTIAL DISCOVERY MATERIALS 3 I hereby acknowledge that I, [NAME], 4 [POSITION AND EMPLOYER], am about to 5 || receive Confidential Materials supplied in connection with the proceeding entitled Nevada Gold 6 || Mines, LLC v. Imatech Systems Cyptus Pty. Ltd. dba ARMORPIPE™ Technologies, et al., Case 7 || No. 3:18-cv-00575-HDM-WGC. I certify that I understand that the Confidential Materials are 8 || provided to me subject to the terms and restrictions of the Protective Order filed in this 9 || Proceeding. I have been given a copy of the Protective Order, I have read it, and I agree to be 10 || bound by its terms. 11 I understand that Confidential Materials, as defined in the Protective Order, including g 12 || any notes or other records that may be made regarding any such materials, shall not be disclosed 13 || to anyone except as expressly permitted by the Protective Order. Unless otherwise provided in 3 14 || the Protective Order, I will not use Confidential Materials obtained pursuant to this Protective 15 || Order for any purpose other than the prosecution, defense and/or settlement of this proceeding. 16 I further understand that I am to retain all copies of all Confidential Materials provided to 17 || me in this proceeding in a secure manner, and that all copies of such Materials are to remain in 8 18 || my personal custody until termination of my participation in this proceeding, whereupon the 19 || copies of such Materials will be returned to counsel who provided me with such Materials or 20 || otherwise disposed of pursuant to the terms of the Protective Order. 21 I declare under penalty of perjury, under the laws of the State of □ 22 || that the foregoing is true and correct. 23 || Executed this day of ,201__, at . 24 || DATED: _,201__. BY: 25 | Name: 6 sires 27 |} —— 28 | Telephone: