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Shao v. Muroff

United States District Court, D. Idaho

February 6, 2019

HONGBO SHAO, JIANRONG GUO, WENWEI FAN, DONGHUI DENG, GUANGFENG LUO, GANG SUN, YU ZHANG, HONG ZHANG, YIPING WU, BEILIN HE, RUIZHE JIANG, WU LIU, DONGMEI HAN, WEI ZHANG, YANYAN LI, BING LI, DONG SU, SHAOHUA SUN, BO PENG, LIQIANG SUN, QI DENG, RUI HU, PING CHEN, XIA LI, JINGYUAN ZHANG, HUA JIANG, JING JIANG, JIAWEN JIANG, CHENGLONG JIANG, ZHAOXIN ZHENG, YUQIN ZHAO, JIACHENG REN, WENJIE LIU, and YANLU LIU, individually and on behalf of a class of other similarly-situated persons, Plaintiffs,
v.
SEROFIM MUROFF; RAYMOND KU; WINNER XING; DEBRA L. RIDDLE; RICHARD K. GETTY; JERRY R. BARNETT; BLACKHAWK MANAGER, LLC; EQUITY RECAP ACCOUNT, LLC; IDAHO STATE REGIONAL CENTER, LLC; BLACKHAWK GOLD, LLC; IDAHO STATE GOLD COMPANY, LLC; THE R.K. GETTY CORPORATION; BLACKHAWK ON THE RIVER, LLC D/B/A BLACKHAWK MATERIAL SUPPLY; LEMHI GOLD TRUST, LLC; THE MCCALL ASSOCIATES LLC; CRANBERRY RIDGE LLC; DESERT ROSE CAPITAL MANAGEMENT, INC.; WESTLEAD CAPITAL INC. D/B/A WESTLINK OR WEST LINK; WORLDWAY GROUP; and DOES 1-10. Defendants.

          PROTECTIVE ORDER

          B. Lynn Winmill U.S. District Court Judge.

         The Court having reviewed the Stipulation for Protective Order of the parties, and good cause appearing therefor;

         IT IS HEREBY ORDERED that the following procedures shall be used in this action for the protection of the parties against the improper disclosure or use of confidential information produced in discovery or filed with the Court:

         1. CATEGORIES OF CONFIDENTIAL INFORMATION

         For the purpose of this Protective Order, there shall be one category of confidential information as follows: a document, court filing, response to interrogatory or request for production or request for admission, or testimony of a witness may be designated by a party as “CONFIDENTIAL” if, in the discretion of the producing or testifying party, it is determined in good faith to contain non-public information of a competitively sensitive, proprietary, financial, or trade secret nature, or to involve the privacy interests of the parties or third-parties.

         2. DESIGNATION OF INFORMATION PRODUCED

         a. Any answers, responses or documents deemed CONFIDENTIAL under Paragraph 1 by the producing party shall be marked or stamped by the producing party as “CONFIDENTIAL.”

         b. Stamping or marking material as set forth in Paragraph 2(a) above shall constitute certification by the producing party that it reasonably believes good cause exists to so designate the material pursuant to the terms of this Protective Order.

         3. DEPOSITIONS

         a. If CONFIDENTIAL information is marked as a deposition exhibit, such exhibit shall retain its designated status and, if filed, shall be filed under seal.

         b. During any deposition, counsel for the producing party may request that any portions of the deposition or deposition exhibits also be treated as CONFIDENTIAL. The room in which the deposition is being taken shall, at the request of the producing party, be closed in accordance with the restrictions of Paragraph 4 below. The presence of persons not entitled to attend a deposition pursuant to this paragraph shall constitute justification for counsel to the producing party to advise or instruct the witness not to answer.

         c. Upon receipt, all deposition transcripts and the exhibits thereto shall be treated initially as CONFIDENTIAL in their entirety until fifteen (15) days after receipt of the transcript, unless the parties expressly agree in writing otherwise. Within fifteen (15) days after receipt of the transcript, any party may designate portions of a deposition transcript as CONFIDENTIAL. The designation shall be accomplished by a letter to all other parties and the court reporter listing the pages, lines, and exhibits constituting CONFIDENTIAL information and the category of confidentiality. If the producing party previously designated portions of testimony as CONFIDENTIAL during the deposition, the producing party is not required to redesignate those portions of the transcript during the fifteen (15) days period unless the producing party elects to change the designation.

         d. The pages of the transcript designated as containing CONFIDENTIAL information and the numbers (but not the descriptions) of the deposition exhibits designated as constituting CONFIDENTIAL information shall be appropriately noted on the front of the original deposition transcript and identified with the appropriate category as set forth in Paragraph 1 above. Those designated pages and exhibits shall be separately bound in one or more volumes as appropriate and marked as set forth in Paragraph 2(a) above. To facilitate this requirement, the party seeking specific designation of a deposition transcript shall ensure that a copy of the Protective order is provided to the court reporter.

         e. Failure to designate testimony as CONFIDENTIAL either at a deposition or within fifteen (15) days after receipt of the transcript shall be deemed a waiver of the right to designate such testimony as CONFIDENTIAL information, but shall not ...


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