Case 2:22-cv-00828-CDS-BNW Document 38 Filed 08/29/22 Page 1 of 16
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEVADA
`
`ALLEGIANT TRAVEL COMPANY,
`Plaintiff,
`
` Case No. 2:22-cv-00828-CDS-BNW
`
`
`v.
`R2 SOLUTIONS LLC
`Defendant.
`
`
`
`PROTECTIVE ORDER
`
`WHEREAS, Plaintiff Allegiant Travel Company and Defendant R2 Solutions LLC,
`hereafter referred to as “the Parties,” believe that certain information that is or will be
`encompassed by discovery demands by the Parties in the above-captioned cases (“the Litigation”)
`involves the production or disclosure of trade secrets, confidential business information, or other
`proprietary information;
`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance
`with Federal Rule of Civil Procedure 26(c):
`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
`1. Each Party may designate as confidential for protection under this Order, in whole or in
`part, any document, information or material that constitutes or includes, in whole or in
`part, confidential or proprietary information or trade secrets of the Party or a Third Party
`to whom the Party reasonably believes it owes an obligation of confidentiality with
`respect to such document, information or material (“Protected Material”). A Party that
`produces Protected Material is referred to in this Order as a “Producing Party,” and a
`Party that received Protected Material is referred to in this Order as a “Receiving Party.”
`Protected Material shall be designated by the Producing Party by affixing a legend or
`stamp on such document, information or material as follows: “CONFIDENTIAL,”
`“RESTRICTED – ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
`
`
`
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`1
`PROTECTIVE ORDER
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`CASE NO. 2:22-CV-00828-CDS-BNW
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`SOURCE CODE,” as appropriate. The word designation shall be placed clearly on each
`page of the Protected Material (except deposition and hearing transcripts) for which such
`protection is sought. For deposition and hearing transcripts, the designation shall be
`placed on the cover page of the transcript (if not already present on the cover page of the
`transcript when received from the court reporter) by each attorney receiving a copy of the
`transcript after that attorney receives notice of the designation of some or all of that
`transcript as Protected Material.
`2. With respect to documents, information or material designated “CONFIDENTIAL,
`“RESTRICTED – ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
`SOURCE CODE” (“DESIGNATED MATERIAL”),1 subject to the provisions herein and
`unless otherwise stated, this Order governs, without limitation: (a) all documents,
`electronically stored information, and/or things as defined by the Federal Rules of Civil
`Procedure; (b) all pretrial, hearing or deposition testimony, or documents marked as
`exhibits or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to
`pleadings and other court filings; (d) affidavits; and (e) stipulations. All copies,
`reproductions, extracts, digests and complete or partial summaries prepared from any
`DESIGNATED MATERIALS shall also be considered DESIGNATED MATERIAL and
`treated as such under this Order.
`3. A designation of Protected Material (i.e., “CONFIDENTIAL,” “RESTRICTED –
`ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE”)
`may be made at any time. Inadvertent or unintentional production of documents,
`information or material that has not been designated as DESIGNATED MATERIAL shall
`not be deemed a waiver in whole or in part of a claim for confidential treatment. Any
`party that inadvertently or unintentionally produces Protected Material without
`designating it as DESIGNATED MATERIAL may request destruction of that Protected
`
`
`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the class of
`materials designated as “CONFIDENTIAL,” “RESTRICTED – ATTORNEYS’ EYES ONLY,” or “RESTRICTED
`CONFIDENTIAL SOURCE CODE,” both individually and collectively.
`
`2
`PROTECTIVE ORDER
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`CASE NO. 2:22-CV-00828-CDS-BNW
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`Material by notifying the recipient(s), as soon as reasonably possible after the Producing
`Party becomes aware of the inadvertent or unintentional disclosure, and providing
`replacement Protected Material that is properly designated. The recipient(s) shall then
`destroy all copies of the inadvertently or unintentionally produced Protected Materials and
`any documents, information or material derived from or based thereon.
`4. “CONFIDENTIAL” documents, information and material may be disclosed only to the
`following persons, except upon receipt of the prior written consent of the Producing Party,
`upon order of the Court, or as set forth in paragraph 13 herein:
`(a) outside counsel of record in this Litigation for the Parties;
`(b) employees of such counsel assigned to and reasonably necessary to assist such counsel
`in the Litigation;
`(c) in-house counsel for the Parties who either have responsibility for making decisions
`dealing directly with the Litigation, or who are assisting outside counsel in the
`Litigation;
`(d) up to and including three (3) designated representatives of each of the Parties to the
`extent reasonably necessary for the Litigation, except that a Receiving Party may in
`good faith request the consent of the Producing Party to designate one or more
`additional representatives, the other party shall not unreasonably withhold such
`consent, and the Receiving Party may seek leave of Court to designate such additional
`representative(s) if the Receiving Party believes the other party has unreasonably
`withheld such consent;
`(e) outside consultants or experts (i.e., not existing employees or affiliates of a Party or an
`affiliate of a Party) retained for the purpose of this Litigation, provided that: (1) such
`consultants or experts are not presently employed by any of the Parties hereto for
`purposes other than this Litigation; (2) before access is given, the consultant or expert
`has completed the Undertaking attached as Exhibit A hereto and the same is served
`upon the Producing Party with a current curriculum vitae of the consultant or expert at
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`3
`PROTECTIVE ORDER
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`CASE NO. 2:22-CV-00828-CDS-BNW
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`

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`least seven (7) days before access to the Protected Material is to be given to that
`consultant or expert to allow the Producing Party to object to and notify the Receiving
`Party in writing that it objects to disclosure of Protected Material to the consultant or
`expert. The Parties agree to promptly confer and use good faith to resolve any such
`objection. If the Parties are unable to resolve any objection, the objecting Party may
`file a motion with the Court within fifteen (15) days of the notice, or within such other
`time as the Parties may agree, seeking a protective order with respect to the proposed
`disclosure. The objecting Party shall have the burden of proving the need for a
`protective order. No disclosure shall occur until all such objections are resolved by
`agreement or Court order;
`(f) independent litigation support services, including persons working for or as court
`reporters, graphics or design services, jury or trial consulting services, and photocopy,
`document imaging, and database services retained by counsel and reasonably
`necessary to assist counsel with the Litigation; and
`(g) the Court and its personnel.
`5. A Party shall designate documents, information or material as “CONFIDENTIAL” only
`upon a good faith belief that the documents, information or material contains confidential
`or proprietary information or trade secrets of the Party or a Third Party to whom the Party
`reasonably believes it owes an obligation of confidentiality with respect to such
`documents, information or material.
`6. Documents, information or material produced pursuant to any discovery request in this
`Litigation, including but not limited to Protected Material designated as DESIGNATED
`MATERIAL, shall be used by the Parties only for purposes of the Litigation and shall not
`be used for any other purpose. Any person or entity who obtains access to
`DESIGNATED MATERIAL or the contents thereof pursuant to this Order shall not make
`any copies, duplicates, extracts, summaries or descriptions of such DESIGNATED
`MATERIAL or any portion thereof except as may be reasonably necessary for the
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`4
`PROTECTIVE ORDER
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`CASE NO. 2:22-CV-00828-CDS-BNW
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`

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`Litigation. Any such copies, duplicates, extracts, summaries or descriptions shall be
`classified DESIGNATED MATERIALS and subject to all of the terms and conditions of
`this Order.
`7. To the extent a Producing Party believes that certain Protected Material qualifying to be
`designated CONFIDENTIAL is so sensitive that its dissemination deserves even further
`limitation, the Producing Party may designate such Protected Material “RESTRICTED –
`ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes
`computer source code and/or live data (that is, data as it exists residing in a database or
`databases) (“Source Code Material”), the Producing Party may designate such Protected
`Material as “RESTRICTED CONFIDENTIAL SOURCE CODE.”
`8. For Protected Material designated “RESTRICTED – ATTORNEYS’ EYES ONLY,”
`access to, and disclosure of, such Protected Material shall be limited to individuals listed
`in paragraphs 4(a-b) and (e-g).
`9. For Protected Material designated RESTRICTED CONFIDENTIAL SOURCE CODE,
`the following additional restrictions apply:
`(a) Source Code Material shall be loaded on a single, standalone, non-networked personal
`computer that is password protected, maintained in a secure, locked area, and disabled
`from having external devices attached to it (“Source Code Computer”). Absent
`specific agreement by the Producing Party, use or possession of any input/output
`device or other electronic device (e.g., USB memory stick, cameras or any camera-
`enabled device, CDS, portable hard drive, laptop, cellular telephones, smartphones,
`voice recorders, etc.) is prohibited while in the secured, locked area containing the
`Source Code Computer, and no recordable media or recordable devices shall be
`permitted into the secure Source Code reviewing room. The stand-alone computer(s)
`shall only be located at the offices of the Producing Party’s outside counsel.
`(b) The Producing Party may visually monitor the activities of the Receiving Party’s
`representatives during any Source Code Material review, but only to ensure that no
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`5
`PROTECTIVE ORDER
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`CASE NO. 2:22-CV-00828-CDS-BNW
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`unauthorized electronic records of the Source Code Materials are being created or
`transmitted in any way, and only so long as the Producing Party cannot hear the
`Receiving Party or view any handwritten notes, as discussed in paragraph 9(h) below.
`The Producing Party shall have the right to confirm identities of the persons accessing
`Source Code Material.
`(c) The Receiving Party shall make reasonable efforts to restrict its requests for such
`access to the Source Code Computer(s) to normal business hours, which for purposes
`of this paragraph shall be 8:00 a.m. through 6:00 p.m. However, upon reasonable
`notice from the Receiving party, the Producing Party shall make reasonable efforts to
`accommodate the Receiving Party’s request for access to the Source Code
`Computer(s) outside of normal business hours. The Parties agree to cooperate in good
`faith such that maintaining the Producing Party’s Source Code Material at the offices
`of its outside counsel shall not unreasonably hinder the Receiving Party’s ability to
`efficiently and effectively conduct the prosecution or defense of this Litigation;
`(d) The Producing Party shall provide the Receiving Party with information explaining
`how to start, log on to, and operate the Source Code Computer(s) in order to access the
`produced Source Code Material on the Source Code Computer(s);
`(e) The Producing Party will produce Source Code Material in computer searchable
`format on the stand-alone computer(s) as described above;
`(f) Access to Protected Material designated RESTRICTED CONFIDENTIAL SOURCE
`CODE shall be limited to outside counsel and up to three (3) outside consultants or
`experts2 (i.e., not existing employees or affiliates of a Party or an affiliate of a Party)
`retained for the purpose of this litigation and approved to access such Protected
`Materials pursuant to paragraph 4(e) above.
`
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`2 For the purposes of this paragraph, an outside consultant or expert is defined to include the outside
`consultant’s or expert’s direct reports and other support personnel, such that the disclosure to a consultant or expert
`who employs others within his or her firm to help in his or her analysis shall count as a disclosure to a single
`consultant or expert.
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`CASE NO. 2:22-CV-00828-CDS-BNW
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`6
`PROTECTIVE ORDER
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`(g) Except as otherwise allowed herein, the Receiving Party shall not create a copy of or
`reproduce Source Code in any way except that the Receiving Party may reproduce
`selected excerpts of Source Code if such selected excepts are reasonably necessary for
`the purpose of any filing with the Court, the service of any pleading or other paper on
`any party, testifying expert reports, consulting expert written analyses, deposition
`exhibits as discussed in paragraph 9(n) below, or any draft of these documents
`(“Source Code Documents”). Source Code Documents shall be designated
`RESTRICTED CONFIDENTIAL SOURCE CODE either (a) in their entirety, or (b)
`on any page containing quoted Source Code.
`(h) The Receiving Party shall be entitled to take handwritten notes related to the Source
`Code Material but may not copy the Source Code Material into such notes. Any such
`notes shall be stamped, designated, and treated as “RESTRICTED CONFIDENTIAL
`SOURCE CODE.” The Receiving Party shall not be permitted to take electronic notes
`related to Source Code Material while in the source code reviewing room.
`(i) A Receiving Party may include excerpts of Source Code Material only when
`necessary in a pleading, exhibit, expert report, discovery document, deposition
`transcript, other Court document, provided that the Source Code Documents are
`appropriately marked under this Order, restricted to those who are entitled to have
`access to them as specified herein, and, if filed with the Court, filed under seal in
`accordance with the Court’s rules, procedures and orders;
`(j) To the extent portions of Source Code Material are quoted in a Source Code
`Document, either (1) the entire Source Code Document will be stamped and treated as
`RESTRICTED CONFIDENTIAL SOURCE CODE or (2) those pages containing
`quoted Source Code Material will be separately stamped and treated as RESTRICTED
`CONFIDENTIAL SOURCE CODE;
`(k) No copies of any portion of the Source Code Material shall leave the secure source
`code reviewing room except as otherwise provided herein. Except as set forth in
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`PROTECTIVE ORDER
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`CASE NO. 2:22-CV-00828-CDS-BNW
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`paragraph 9(g) above, no electronic copies of Source Code Material shall be made
`without prior written consent of the Producing Party, except as necessary to create
`documents which, pursuant to the Court’s rules, procedures and order, must be filed or
`served electronically;
`(l) The Receiving Party may request a reasonable number3 of pages of Source Code
`Material to be bates-numbered and printed for purposes of case preparation activity.
`The Receiving Party may not request paper copies for the purposes of reviewing the
`Source Code in the first instance. Within five (5) business days of any request, the
`Producing Party will provide a copy of the requested material on watermarked or
`colored paper bearing Bates numbers and the designation RESTRICTED
`CONFIDENTIAL SOURCE CODE unless objected to, as discussed in paragraph
`9(m) below;
`(m) If the Producing Party objects that the printed portions are not reasonably necessary to
`any case preparation activity, the Producing Party shall make such objection known to
`the Receiving Party within five (5) business days. If, after meeting and conferring, the
`Producing Party and the Receiving Party cannot resolve the objection, the Receiving
`Party may seek a Court resolution of whether the printed Source Code in question is
`reasonably necessary to any case preparation activity. Contested Source Code
`Material print-outs need not be produced to the Receiving Party until the matter is
`resolved by the Court.
`(n) The Receiving Party shall be permitted to make a reasonable number of photocopies
`of printed Source Code Material. The parties shall meet and confer during the course
`of discovery to agree on a number of pages of Source Code Material that is
`reasonable. All photocopies shall be designated and clearly labeled “RESTRICTED
`
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`3 Since a “reasonable number” may vary depending on the facts of each action, the Producing Party and
`Receiving Party shall meet and confer during the course of discovery to agree on a number of pages of Source Code
`Material that is reasonable. To the extent the parties fail to reach an agreement, the Court shall impose a reasonable
`number.
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`CASE NO. 2:22-CV-00828-CDS-BNW
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`8
`PROTECTIVE ORDER
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`CONFIDENTIAL SOURCE CODE,” and the Receiving Party shall maintain a log of
`all such photocopies.
`(o) If the Receiving Party’s outside counsel, consultants, or experts obtain printouts or
`photocopies of Source Code Material, the Receiving Party shall ensure that such
`outside counsel, consultants, or experts keep the printouts or photocopies in a secured
`locked area in the offices of such outside counsel, consultants, or expert. The
`Receiving Party may also temporarily keep the printouts or photocopies at: (i) the
`Court for any proceedings(s) relating to the Source Code Material, for the dates
`associated with the proceeding(s); (ii) the sites where any deposition(s) relating to the
`Source Code Material are taken, for the dates associated with the deposition(s); and
`(iii) any intermediate location reasonably necessary to transport the printouts or
`photocopies (e.g., a hotel prior to a Court proceeding or deposition); and
`(p) A Producing Party’s Source Code Material may only be transported by the Receiving
`Party at the direction of a person authorized under paragraph 9(f) above to another
`person authorized under paragraph 9(f) above via hand carry, Federal Express, or
`other similarly reliable courier. Source Code Material may not be transported or
`transmitted electronically over a network of any kind, including a LAN, an intranet, or
`the Internet, except as necessary to file or serve a document electronically. Source
`Code Material may only be transported electronically for the purpose of Court
`proceeding(s) or deposition(s) as set forth in paragraph 9(g) above and is at all times
`subject to the transport restrictions set forth herein. But, for those purposes only, the
`Source Code Materials may be loaded onto a stand-alone computer.
`10. Any attorney representing a Party, whether in-house or outside counsel, and any person
`associated with a Party and permitted to receive the other Party’s Protected Material that
`is designated RESTRICTED – ATTORNEYS’ EYES ONLY and/or RESTRICTED
`CONFIDENTIAL SOURCE CODE (collectively “HIGHLY SENSITIVE MATERIAL”),
`who accesses or otherwise learns, in whole or in part, another Party’s HIGHLY
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`PROTECTIVE ORDER
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`CASE NO. 2:22-CV-00828-CDS-BNW
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`SENSITIVE MATERIAL under this Order shall not prepare, prosecute, supervise, or
`assist in the preparation or prosecution of any patent application pertaining to the field of
`the invention of the patents-in-suit on behalf of the Receiving Party or its acquirer,
`successor, predecessor, or other affiliate during the pendency of this Litigation and for one
`year after its conclusion, including any appeals. To ensure compliance with the purpose
`of this provision, each Party shall create an “Ethical Wall” between those persons with
`access to HIGHLY SENSITIVE MATERIAL and any individuals who, on behalf of the
`Party or its acquirer, successor, predecessor, or other affiliate, prepare, prosecute,
`supervise or assist in the preparation or prosecution of any patent application pertaining to
`the field of invention of the patent-in-suit.
`11. Nothing in this Order shall require production of documents, information or other material
`that a Party contends is protected from disclosure by the attorney-client privilege, the
`work product doctrine, or other privilege, doctrine, or immunity. If documents,
`information or other material subject to a claim of attorney-client privilege, work product
`doctrine, or other privilege, doctrine, or immunity is inadvertently or unintentionally
`produced, such production shall in no way prejudice or otherwise constitute a waiver of,
`or estoppel as to, any such privilege, doctrine, or immunity. Any Party that inadvertently
`or unintentionally produces documents, information or other material it reasonably
`believes are protected under the attorney-client privilege, work product doctrine, or other
`privilege, doctrine, or immunity may obtain the return of such documents, information or
`other material by promptly notifying the recipient(s) and providing a privilege log for the
`inadvertently or unintentionally produced documents, information or other material. The
`recipient(s) shall gather and return all copies of such documents, information or other
`material to the Producing Party, except for any pages containing privileged or otherwise
`protected markings by the recipient(s), which pages shall instead be destroyed and
`certified as such to the Producing Party.
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`10
`PROTECTIVE ORDER
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`CASE NO. 2:22-CV-00828-CDS-BNW
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`12. There shall be no disclosure of any DESIGNATED MATERIAL by any person
`authorized to have access thereto to any person who is not authorized for such access
`under this Order. The Parties are hereby ORDERED to safeguard all such documents,
`information and material to protect against disclosure to any unauthorized persons or
`entities.
`13. Nothing contained herein shall be construed to prejudice any Party’s right to use any
`DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided
`that the DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i) eligible to
`have access to the DESIGNATED MATERIAL by virtue of his or her employment with
`the designating party, (ii) identified in the DESIGNATED MATERIAL as an author,
`addressee, or copy recipient of such information, (iii) although not identified as an author,
`addressee, or copy recipient of such DESIGNATED MATERIAL, has, in the ordinary
`course of business, seen such DESIGNATED MATERIAL, (iv) a current or former
`officer, director or employee of the Producing Party or a current or former officer, director
`or employee of a company affiliated with the Producing Party; (v) counsel for a Party,
`including outside counsel and in-house counsel (subject to paragraph 8 of this Order); (vi)
`an independent contractor, consultant, and/or expert retained for the purpose of this
`Litigation; (vii) court reporters and videographers; (viii) the Court; or (ix) other persons
`entitled hereunder to have access to DESIGNATED MATERIAL. DESIGNATED
`MATERIAL shall not be disclosed to any other persons unless prior authorization is
`obtained from counsel representing the Producing Party or from the Court.
`14. Parties may, at the deposition or hearing or within thirty (30) days after receipt of a
`deposition or hearing transcript, designate the deposition or hearing transcript or any
`portion thereof as “CONFIDENTIAL,” “RESTRICTED – ATTORNEY’ EYES ONLY,”
`or “RESTRICTED CONFIDENTIAL SOURCE CODE” pursuant to this Order. Access
`to the deposition or hearing transcript so designated shall be limited in accordance with
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`11
`PROTECTIVE ORDER
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`CASE NO. 2:22-CV-00828-CDS-BNW
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`

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`the terms of this Order. Until expiration of the 30-day period, the entire deposition or
`hearing transcript shall be treated as “CONFIDENTIAL.”
`15. Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal and
`shall remain under seal until further order of the Court. The filing party shall be
`responsible for informing the Clerk of the Court that the filing should be sealed and for
`placing the legend “FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER”
`above the caption and conspicuously on each page of the filing. Exhibits to a filing shall
`conform to the labeling requirements set forth in this Order. If a pretrial pleading filed
`with the Court, or an exhibit thereto, discloses or relies on confidential documents,
`information or material, such confidential portions shall be redacted to the extent
`necessary and the pleading or exhibit filed publicly with the Court.
`16. The Order applies to pretrial discovery. Nothing in this Order shall be deemed to prevent
`the Parties from introducing any DESIGNATED MATERIAL into evidence at the trial of
`this Litigation, or from using any information contained in DESIGNATED MATERIAL
`at the trial of this Litigation, subject to any pretrial order issued by this Court.
`17. A Party may request in writing to the other Party that the designation given to any
`DESIGNATED MATERIAL be modified or withdrawn. If the designating Party does not
`agree to redesignation within ten (10) days of receipt of the written request, the requesting
`Party may apply to the Court for relief. Upon any such application to the Court, the
`burden shall be on the designating Party to show why its classification is proper. Such
`application shall be treated procedurally as a motion to compel pursuant to Federal Rules
`of Civil Procedure 37, subject to the Rule’s provisions relating to sanctions. In making
`such application, the requirements of the Federal Rules of Civil Procedure and the Local
`Rules of the Court shall be met. Pending the Court’s determination of the application, the
`designation of the designating Party shall be maintained.
`18. Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed in
`accordance with the terms of this Order shall be advised by counsel of the terms of this
`
`12
`PROTECTIVE ORDER
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`CASE NO. 2:22-CV-00828-CDS-BNW
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`Order, shall be informed that he or she is subject to the terms and conditions of this Order,
`and shall sign an acknowledgment that he or she has received a copy of, has read, and has
`agreed to be bound by this Order. A copy of the acknowledgment form is attached as
`Appendix A.
`19. To the extent that any discovery is taken of persons who are not Parties to this Action
`(“Third Parties”), and in the event that such Third Parties contend the discovery sought
`involves trade secrets, confidential business information, or other proprietary information,
`then such Third Parties may agree to be bound by this Order.
`20. To the extent that discovery or testimony is taken of Third Parties, the Third Parties may
`designate as “CONFIDENTIAL” or “RESTRICTED – ATTORNEYS’ EYES ONLY”
`any documents, information or other material, in whole or in part, produced or given by
`such Third Parties. The Third Parties shall have ten (10) days after production of such
`documents, information or other materials to make such a designation. Until that time
`period lapses or until such a designation has been made, whichever occurs sooner, all
`documents, information or other material so produced or given shall be treated as
`“CONFIDENTIAL” in accordance with this Order.
`21. Within thirty (30) days of final termination of this Action, including any appeals, all
`DESIGNATED MATERIAL shall at the Producing Party’s election either be returned to
`the Producing Party or be destroyed. The Receiving Party shall verify the return or
`destruction by affidavit furnished to the Producing Party, upon the Producing Party’s
`request.
`22. The failure to designate documents, information or material in accordance with this Order
`and the failure to object to a designation at a given time shall not preclude the filing of a
`motion at a later date seeking to impose such designation or challenging the propriety
`thereof. The entry of this Order and/or the production of documents, information and
`material hereunder shall in no way constitute a waiver of any objection to the furnishing
`thereof, all such objections being hereby preserved.
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`13
`PROTECTIVE ORDER
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`CASE NO. 2:22-CV-00828-CDS-BNW
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`Case 2:22-cv-00828-CDS-BNW Document 38 Filed 08/29/22 Page 14 of 16
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`23. Any Party knowing or believing that any other Party is in violation of or intends to violate
`this Order and has raised the question of violation or potential violation with the opposing
`party and has been unable to resolve the matter by agreement may move the Court for
`such relief as may be appropriate in the circumstances. Pending disposition of the motion
`by the Court, the Party alleged to be in violation of or intending to violate this Order shall
`discontinue the performance of and/or shall not undertake the further performance of any
`action alleged to constitute a violation of this Order.
`24. Production of DESIGNATED MATERIAL by each of the Parties shall not be deemed a
`publication of the documents, information and material (or the contents thereof) produced
`so as to void or make voidable whatever claim the Parties may have as to the proprietary
`and confidential nature of the documents, information or other material or its contents.
`25. Nothing in this Order shall be construed to effect an abrogation, waiver or limitation of
`any kind on the rights of each of the Parties to assert any applicable discovery or trial
`privilege.
`26. Each of the Parties shall also retain the right to file a motion with the Court (a) to modify
`this Order to allow disclosure of DESIGNATED MATERIAL to additional persons or
`entities if reasonably necessary to prepare and present this Litigation and (b) to apply for
`additional protection of DESIGNATED MATERIAL.
`27. For avoidance of doubt, this Protective Order and any supplemental protective orders later
`entered by the Court control discovery of Protected Materials in the above captioned
`litigations.
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`RESPECTFULLY SUBMITTED this 29th