Preview
4/7/2021 10:01:26 AM
Marilyn Burgess - District Clerk
Harris Count,
Envelope No: 52203301
By: JEFFERSON, TIFFANY S
Filed: 4/7/2021 10:01:26 AM
Pgs-9
CAUSE NO. 2019-39477 STIPX
ACONX
ELITE RACING DEVELOPMENT, LLC, IN THE DISTRICT COURT OF
and ASHTON AINSWORTH, Individually,
and as Sole Owner of ELITE RACING
DEVELOPMENT, LLC
Plaintiffs,
Vv. HARRIS COUNTY, TEXAS
NATIONAL CASULATY COMPANY, et al
Defendants. 61ST JUDICIAL DISTRICT
JOINT STIPULATED CONFIDENTIALITY ORDER
WHEREAS, it is anticipated that the parties to this lawsuit will be producing documents and
supplying information during the discovery phase of this action that a party may regard as
proprietary or otherwise confidential;
WHEREAS, it is also anticipated that court filings and discovery papers in this matter will
include references to documents and/or information that a party may regard as proprietary or
otherwise confidential;
WHEREAS, it is further anticipated that deposition testimony in this matter will include
references to documents and/or information that a party may regard as proprietary or otherwise
confidential;
WHEREAS, the parties to this action desire to protect the confidentiality of any such
proprietary or otherwise confidential documents or testimony furnished in the course of such
actions or proceedings;
IT IS HEREBY stipulated and made an Order of the Court that, until this Stipulated
Confidentiality Order is amended or superseded, all parties and their employees who are provided
with Confidential Information (as hereinafter defined) shall follow the procedures set forth below
with respect to certain documents, information, or testimony provided or exchanged in these or
related actions or proceedings.
A Scope.
1 This Order shall govern all documents and information produced by any party or
persons or entities not a party to this action after April 2, 2021, whether produced informally or
pursuant to a formal discovery request and shall also include all documents or information
contained in a document, or information revealed during a deposition or in any interrogatory
answer or otherwise disclosed in discovery.
2 Nothing in this Order precludes any party from seeking relief from the Court with
regard to the production of documents or information.
3 This Order does not alter any confidentiality obligations that a party may have at
law or under another agreement.
4 Nothing in this Order shall be construed as an agreement or acknowledgment by
the non-producing party that any document, testimony, or other information designated as
“Confidential” or “Confidential—Attorney’s Eyes Only” constitutes a trade secret or is in fact
confidential.
B Confidential Information.
1 Materials that contain sensitive information may be designated as "Confidential" or
as "Confidential — Attorney’s Eyes Only." The producing party will make such a designation only
as to those documents or discovery responses that are in good faith believed to contain or constitute
valuable confidential, proprietary, trade secret, or other sensitive information. Materials so
designated are referred to herein as "Confidential Information."
Page 2 of 9
2 Documents shall be designated as Confidential Information by marking or stamping
each page of any such document "Confidential," "Confidential—Attorney’s Eyes Only," or
identifying such documents by bates production numbers or other unequivocal identifier in writing
to each party receiving the Confidential Information. In lieu of marking the originals of
documents, any party may mark the copies of such documents that are produced or exchanged. Only
documents produced after April 1, 2020 may be designated as Confidential Information. Discovery
previously produced may not be designated as Confidential Information.
3 With respect to testimony that constitutes or references Confidential Information,
confidential portions of the transcript may be designated as such on the record at the time the
testimony is given, and additional portions of the testimony may be designated as "Confidential"
or "Confidential — Attorney’s Eyes Only" within ten (10) days after receipt of the transcript. Until
the ten (10) day period has expired, the entire transcript shall be treated as Confidential
Information. In addition, any deposition in which documents designated as containing
Confidential Information are marked as exhibits or shown to the deponent or otherwise employed
shall be considered confidential and subject to the provisions of this Order.
Cc Treatment of Confidential Information.
1 Except as otherwise provided in this or subsequent court orders, documents
designated as “Confidential” shall not be disclosed or shown to anyone other than:
(a) The parties, the employees of such parties, or the agents of the parties (or
the parent or beneficial owner of such party) to whom it is necessary that
Confidential Information be shown for purposes of this proceeding;
Page 3 of 9
(b) Outside counsel for the parties, the employees of such attorneys, and agents
of such attorneys, to whom it is necessary that Confidential Information be
shown for purposes of this proceeding;
(c) Inside counsel for each party and the employees of such attorneys to
whom it is necessary that Confidential Information be shown for purposes
of this proceeding;
(d) Persons employed by any party or its attorneys solely for the purpose of
assisting in the preparation of this action for trial, including but not limited
to experts, their staff, and support personnel to whom it is necessary that
Confidential Information be shown for purposes of assisting in such
preparation;
(e) The Court or persons employed by the Court and the jury;
@ Duly qualified court reporters and videographers participating in these
proceedings;
(g) Persons who were the authors or recipients of the documents in the ordinary
course of business;
(h) Witnesses in preparation for or in the course of depositions or the trial of
this matter; and
@ Persons who, in addition to those identified above, are permitted access by
order of the Court or upon stipulation of the party that produced or disclosed
the Confidential Information, after notice to all parties and an opportunity
has been had to object.
Page 4 of 9
2 In the event that documents or testimony are designated as "Confidential—
Attorney’s Eyes Only," such information shall not be disclosed or shown to anyone other than the
persons described in paragraph C.1(b), C.1(d), C.1(e), C.1(f), C.1(g) and C.1(i).
3 Confidential Information shall be used by the receiving party solely for the
prosecution and/or defense of this litigation and only as provided in this Stipulated Confidentiality
Order. Confidential Information shall not be used or employed for the purpose of any other
action, use or proceeding, or for any commercial, business or other purpose whatsoever. It is
specifically recognized that information, which is marked "Confidential,” shall not be utilized
by the receiving party for any purpose other than the prosecution and/or defense of this litigation.
4 No person shall disclose Confidential Information to any third party, except as
provided by this Order, without prior written notice of the specific disclosures and persons
involved to the producing party and any other person or entity which claims the information is
Confidential Information. Such disclosure shall not be made until the party seeking to disclose
the document provides ten days written notice to the person or party claiming information
is Confidential Information [note, this may not be the “producing party”] and (1) such party
consents to the disclosure; or (2) the court resolves any objections to the disclosure,
whichever is earlier. Any objections to such disclosure shall be made in writing by the
producing party within 10 days after receipt of notice of any intent to disclose.
5 Notwithstanding anything to the contrary in the foregoing paragraphs, any party
may use without restriction
(a) its own documents or information; and
(b) documents or information developed or obtained by a receiving party
independently of discovery in these or related actions or proceedings;
Page 5 of 9
regardless of whether such document or information has been designated
by the producing party as Confidential Information.
6 Each person given access to designated Confidential Information shall be advised
that the information is being disclosed pursuant and subject to the terms of this Stipulated
Confidentiality Order and may not be disclosed other than as provided by this Order. To the
extent such person is neither a party nor employed by a party, such person shall sign an
agreement to be bound to this order before any Confidential Information is disclosed.
7 No Confidential Information, including but not limited to transcripts, depositions,
exhibits, and pleadings, shall be filed with the Court or used in a hearing unless the party seeking
to file or use the Confidential Information has provided, at least five (5) business days before the
intended use, written notice to all parties and any person claiming the information is Confidential
Information, of its intent to use any information designated as Confidential Information. This pre-
filing notice shall specify the specific information that the party intends to file with the Court, and
will allow the other party's counsel time to seek a temporary or permanent sealing order, if desired
pursuant to Rule 76a.
8 The party seeking to maintain the confidentiality of a document containing
confidential information shall, within 30 days form the date the document containing confidential
information is filed in the court records, file a motion in compliance with Rule 76a of the Texas
Rules of Civil Procedure, provide all notices required by Rule 76a and set the motion for an oral
hearing on the earliest available date. If such a motion is not filed by the 30th day after the
document containing confidential information is filed in the court records, then the confidential
information shall no longer remain sealed and will be open for full viewing by the general public.
Page 6 of 9
9 In the event of an emergency, a party seeking to file or use Confidential Information
shall not file or use any such information but shall instead tender to the Court for in camera
inspection the Confidential Information that it seeks to file and seek a ruling permitting the use of
the material. During the pendency of a motion for protection or in the event of an emergency, the
parties will treat Confidential Information in dispute as subject to this Confidentiality Order until
the Court enters an order determining otherwise.
10 The inadvertent or unintentional disclosure of Confidential Information, regardless
of whether the information was so designated at the time of the disclosure, shall not be deemed a
waiver, in whole or in part, of a party's claim of confidentiality, either as to the specific
information disclosed or as to any other information relating thereto on the same or related subject
matter if, within ten (10) days of discovering the inadvertent failure to designate the material as
confidential, the person or entity that provided the Confidential Information identifies the material
produced and amends the designation.
11 Within thirty (30) days after the settlement or final adjudication, including
appeals, of the action or actions in which the documents have been produced, all Confidential
Information supplied by the parties and non-parties and all copies thereof shall, upon request, be
certified to have been destroyed or deleted. However, it is understood that each party may retain
a complete file of all litigation documents filed with the Court in these actions and that work
product in the possession or control of counsel for any party that reflects or includes information
derived from documents or testimony designated as confidential will not be destroyed or deleted.
12. Any dispute concerning the application of this Stipulated Confidentiality Order
shall be heard by the Court upon motion by the objecting party. This Stipulated Confidentiality
Page 7 of 9
Order in no manner circumvents the requirements of Rule 76a of the Texas Rules of Civil
Procedure.
Dated: April 5, 2021
STIPULATED AND AGREED TO
/s/ David Eric Kassab /s/ Ethan D. Carlyle
Lance Christopher Kassab Patrick M. Kemp
Texas State Bar No. 00794070 Texas Bar No. 24043751
lance@kassab.law pkemp@smsm.com
David Eric Kassab Robert G. Wall
Texas State Bar No. 24071351 Texas Bar No. 24072411
david@kassab.law rwall@smsm.com
Nicholas R. Pierce C Daniel DiLizia
Texas State Bar No. 24098263 Texas Bar No. 24099800
nicholas@kassab.law ddilizia@smsm.com
THE KASSAB LAW FIRM Segal McCambridge Singer and Mahoney
1214 Elgin Street 100 Congress Ave., Suite 800
Houston, Texas 77004 Austin, Texas 78701
Telephone: 713-522-7400 (512) 476-7834
Facsimile: 713-522-7410 (512) 476-7832 — Facsimile
Electronic Service: eserve@kassab.law
ATTORNEYS FOR DEFENDANTS
Larry J. Doherty NATIONAL CASUALTY COMPANY,
Texas Bar No. 05950000 K&K
larryjoejustice@gmail.com INSURANCE GROUP, INC., ENGLE
LARRY J. DOHERTY, ATTORNEY AT MARTIN
LAW & ASSOCIATES, LLC, NATIONWIDE
5722 Longpoint Rd MUTUAL INSURANCE COMPANY,
Burton, TX 77835 SCOTTSDALE INSURANCE COMPANY,
Telephone: 979-251-1251 ANDREW VAN GESSEL, AND NATALIE
Facsimile: 281-583-8701 PRESCOTT
ATTORNEYS FOR PLAINTIFFS
/s/ E. Ray Edwards /s/ Cuong M. Le
E. Ray Edwards #06443700 Cuong M. Le
GANN & EDWARDS 10150 Antoine Dr., Ste. 300
7500 San Felipe, Suite 777 Houston, Texas 77086
Houston, Texas 77063-1708 cle@houstontxlawfirm.com
Telephone: (713) 787-0003 Ph: (281) 495 - 2510
Facsimile: (713) 782-6785 Fax: (281) 495 — 2539
eray .edwards@sbcglobal.net ATTORNEY FOR DEFENDANT,
Page 8 of 9
ATTORNEY FOR DEFENDANT, THE SPINDLE GROUP, INC
GONZALO JIMENEZ, INDIVIDUALLY,
GONZALO JIMENEZ INSURANCE
AGENCY, INC., AND SARAY NAVAS
IT IS SO ORDERED this day of , 2021
Signed:
4/8/2021
Honorable Fredericka Phillips
Judge, 61% District Court
Page 9 of 9
Preview
4/7/2021 10:01:26 AM Marilyn Burgess - District Clerk Harris Count, Envelope No: 52203301 By: JEFFERSON, TIFFANY S Filed: 4/7/2021 10:01:26 AM Pgs-9 CAUSE NO. 2019-39477 STIPX ACONX ELITE RACING DEVELOPMENT, LLC, IN THE DISTRICT COURT OF and ASHTON AINSWORTH, Individually, and as Sole Owner of ELITE RACING DEVELOPMENT, LLC Plaintiffs, Vv. HARRIS COUNTY, TEXAS NATIONAL CASULATY COMPANY, et al Defendants. 61ST JUDICIAL DISTRICT JOINT STIPULATED CONFIDENTIALITY ORDER WHEREAS, it is anticipated that the parties to this lawsuit will be producing documents and supplying information during the discovery phase of this action that a party may regard as proprietary or otherwise confidential; WHEREAS, it is also anticipated that court filings and discovery papers in this matter will include references to documents and/or information that a party may regard as proprietary or otherwise confidential; WHEREAS, it is further anticipated that deposition testimony in this matter will include references to documents and/or information that a party may regard as proprietary or otherwise confidential; WHEREAS, the parties to this action desire to protect the confidentiality of any such proprietary or otherwise confidential documents or testimony furnished in the course of such actions or proceedings; IT IS HEREBY stipulated and made an Order of the Court that, until this Stipulated Confidentiality Order is amended or superseded, all parties and their employees who are provided with Confidential Information (as hereinafter defined) shall follow the procedures set forth below with respect to certain documents, information, or testimony provided or exchanged in these or related actions or proceedings. A Scope. 1 This Order shall govern all documents and information produced by any party or persons or entities not a party to this action after April 2, 2021, whether produced informally or pursuant to a formal discovery request and shall also include all documents or information contained in a document, or information revealed during a deposition or in any interrogatory answer or otherwise disclosed in discovery. 2 Nothing in this Order precludes any party from seeking relief from the Court with regard to the production of documents or information. 3 This Order does not alter any confidentiality obligations that a party may have at law or under another agreement. 4 Nothing in this Order shall be construed as an agreement or acknowledgment by the non-producing party that any document, testimony, or other information designated as “Confidential” or “Confidential—Attorney’s Eyes Only” constitutes a trade secret or is in fact confidential. B Confidential Information. 1 Materials that contain sensitive information may be designated as "Confidential" or as "Confidential — Attorney’s Eyes Only." The producing party will make such a designation only as to those documents or discovery responses that are in good faith believed to contain or constitute valuable confidential, proprietary, trade secret, or other sensitive information. Materials so designated are referred to herein as "Confidential Information." Page 2 of 9 2 Documents shall be designated as Confidential Information by marking or stamping each page of any such document "Confidential," "Confidential—Attorney’s Eyes Only," or identifying such documents by bates production numbers or other unequivocal identifier in writing to each party receiving the Confidential Information. In lieu of marking the originals of documents, any party may mark the copies of such documents that are produced or exchanged. Only documents produced after April 1, 2020 may be designated as Confidential Information. Discovery previously produced may not be designated as Confidential Information. 3 With respect to testimony that constitutes or references Confidential Information, confidential portions of the transcript may be designated as such on the record at the time the testimony is given, and additional portions of the testimony may be designated as "Confidential" or "Confidential — Attorney’s Eyes Only" within ten (10) days after receipt of the transcript. Until the ten (10) day period has expired, the entire transcript shall be treated as Confidential Information. In addition, any deposition in which documents designated as containing Confidential Information are marked as exhibits or shown to the deponent or otherwise employed shall be considered confidential and subject to the provisions of this Order. Cc Treatment of Confidential Information. 1 Except as otherwise provided in this or subsequent court orders, documents designated as “Confidential” shall not be disclosed or shown to anyone other than: (a) The parties, the employees of such parties, or the agents of the parties (or the parent or beneficial owner of such party) to whom it is necessary that Confidential Information be shown for purposes of this proceeding; Page 3 of 9 (b) Outside counsel for the parties, the employees of such attorneys, and agents of such attorneys, to whom it is necessary that Confidential Information be shown for purposes of this proceeding; (c) Inside counsel for each party and the employees of such attorneys to whom it is necessary that Confidential Information be shown for purposes of this proceeding; (d) Persons employed by any party or its attorneys solely for the purpose of assisting in the preparation of this action for trial, including but not limited to experts, their staff, and support personnel to whom it is necessary that Confidential Information be shown for purposes of assisting in such preparation; (e) The Court or persons employed by the Court and the jury; @ Duly qualified court reporters and videographers participating in these proceedings; (g) Persons who were the authors or recipients of the documents in the ordinary course of business; (h) Witnesses in preparation for or in the course of depositions or the trial of this matter; and @ Persons who, in addition to those identified above, are permitted access by order of the Court or upon stipulation of the party that produced or disclosed the Confidential Information, after notice to all parties and an opportunity has been had to object. Page 4 of 9 2 In the event that documents or testimony are designated as "Confidential— Attorney’s Eyes Only," such information shall not be disclosed or shown to anyone other than the persons described in paragraph C.1(b), C.1(d), C.1(e), C.1(f), C.1(g) and C.1(i). 3 Confidential Information shall be used by the receiving party solely for the prosecution and/or defense of this litigation and only as provided in this Stipulated Confidentiality Order. Confidential Information shall not be used or employed for the purpose of any other action, use or proceeding, or for any commercial, business or other purpose whatsoever. It is specifically recognized that information, which is marked "Confidential,” shall not be utilized by the receiving party for any purpose other than the prosecution and/or defense of this litigation. 4 No person shall disclose Confidential Information to any third party, except as provided by this Order, without prior written notice of the specific disclosures and persons involved to the producing party and any other person or entity which claims the information is Confidential Information. Such disclosure shall not be made until the party seeking to disclose the document provides ten days written notice to the person or party claiming information is Confidential Information [note, this may not be the “producing party”] and (1) such party consents to the disclosure; or (2) the court resolves any objections to the disclosure, whichever is earlier. Any objections to such disclosure shall be made in writing by the producing party within 10 days after receipt of notice of any intent to disclose. 5 Notwithstanding anything to the contrary in the foregoing paragraphs, any party may use without restriction (a) its own documents or information; and (b) documents or information developed or obtained by a receiving party independently of discovery in these or related actions or proceedings; Page 5 of 9 regardless of whether such document or information has been designated by the producing party as Confidential Information. 6 Each person given access to designated Confidential Information shall be advised that the information is being disclosed pursuant and subject to the terms of this Stipulated Confidentiality Order and may not be disclosed other than as provided by this Order. To the extent such person is neither a party nor employed by a party, such person shall sign an agreement to be bound to this order before any Confidential Information is disclosed. 7 No Confidential Information, including but not limited to transcripts, depositions, exhibits, and pleadings, shall be filed with the Court or used in a hearing unless the party seeking to file or use the Confidential Information has provided, at least five (5) business days before the intended use, written notice to all parties and any person claiming the information is Confidential Information, of its intent to use any information designated as Confidential Information. This pre- filing notice shall specify the specific information that the party intends to file with the Court, and will allow the other party's counsel time to seek a temporary or permanent sealing order, if desired pursuant to Rule 76a. 8 The party seeking to maintain the confidentiality of a document containing confidential information shall, within 30 days form the date the document containing confidential information is filed in the court records, file a motion in compliance with Rule 76a of the Texas Rules of Civil Procedure, provide all notices required by Rule 76a and set the motion for an oral hearing on the earliest available date. If such a motion is not filed by the 30th day after the document containing confidential information is filed in the court records, then the confidential information shall no longer remain sealed and will be open for full viewing by the general public. Page 6 of 9 9 In the event of an emergency, a party seeking to file or use Confidential Information shall not file or use any such information but shall instead tender to the Court for in camera inspection the Confidential Information that it seeks to file and seek a ruling permitting the use of the material. During the pendency of a motion for protection or in the event of an emergency, the parties will treat Confidential Information in dispute as subject to this Confidentiality Order until the Court enters an order determining otherwise. 10 The inadvertent or unintentional disclosure of Confidential Information, regardless of whether the information was so designated at the time of the disclosure, shall not be deemed a waiver, in whole or in part, of a party's claim of confidentiality, either as to the specific information disclosed or as to any other information relating thereto on the same or related subject matter if, within ten (10) days of discovering the inadvertent failure to designate the material as confidential, the person or entity that provided the Confidential Information identifies the material produced and amends the designation. 11 Within thirty (30) days after the settlement or final adjudication, including appeals, of the action or actions in which the documents have been produced, all Confidential Information supplied by the parties and non-parties and all copies thereof shall, upon request, be certified to have been destroyed or deleted. However, it is understood that each party may retain a complete file of all litigation documents filed with the Court in these actions and that work product in the possession or control of counsel for any party that reflects or includes information derived from documents or testimony designated as confidential will not be destroyed or deleted. 12. Any dispute concerning the application of this Stipulated Confidentiality Order shall be heard by the Court upon motion by the objecting party. This Stipulated Confidentiality Page 7 of 9 Order in no manner circumvents the requirements of Rule 76a of the Texas Rules of Civil Procedure. Dated: April 5, 2021 STIPULATED AND AGREED TO /s/ David Eric Kassab /s/ Ethan D. Carlyle Lance Christopher Kassab Patrick M. Kemp Texas State Bar No. 00794070 Texas Bar No. 24043751 lance@kassab.law pkemp@smsm.com David Eric Kassab Robert G. Wall Texas State Bar No. 24071351 Texas Bar No. 24072411 david@kassab.law rwall@smsm.com Nicholas R. Pierce C Daniel DiLizia Texas State Bar No. 24098263 Texas Bar No. 24099800 nicholas@kassab.law ddilizia@smsm.com THE KASSAB LAW FIRM Segal McCambridge Singer and Mahoney 1214 Elgin Street 100 Congress Ave., Suite 800 Houston, Texas 77004 Austin, Texas 78701 Telephone: 713-522-7400 (512) 476-7834 Facsimile: 713-522-7410 (512) 476-7832 — Facsimile Electronic Service: eserve@kassab.law ATTORNEYS FOR DEFENDANTS Larry J. Doherty NATIONAL CASUALTY COMPANY, Texas Bar No. 05950000 K&K larryjoejustice@gmail.com INSURANCE GROUP, INC., ENGLE LARRY J. DOHERTY, ATTORNEY AT MARTIN LAW & ASSOCIATES, LLC, NATIONWIDE 5722 Longpoint Rd MUTUAL INSURANCE COMPANY, Burton, TX 77835 SCOTTSDALE INSURANCE COMPANY, Telephone: 979-251-1251 ANDREW VAN GESSEL, AND NATALIE Facsimile: 281-583-8701 PRESCOTT ATTORNEYS FOR PLAINTIFFS /s/ E. Ray Edwards /s/ Cuong M. Le E. Ray Edwards #06443700 Cuong M. Le GANN & EDWARDS 10150 Antoine Dr., Ste. 300 7500 San Felipe, Suite 777 Houston, Texas 77086 Houston, Texas 77063-1708 cle@houstontxlawfirm.com Telephone: (713) 787-0003 Ph: (281) 495 - 2510 Facsimile: (713) 782-6785 Fax: (281) 495 — 2539 eray .edwards@sbcglobal.net ATTORNEY FOR DEFENDANT, Page 8 of 9 ATTORNEY FOR DEFENDANT, THE SPINDLE GROUP, INC GONZALO JIMENEZ, INDIVIDUALLY, GONZALO JIMENEZ INSURANCE AGENCY, INC., AND SARAY NAVAS IT IS SO ORDERED this day of , 2021 Signed: 4/8/2021 Honorable Fredericka Phillips Judge, 61% District Court Page 9 of 9