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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Alyssa Jones,

Plaintiff,

v. 

Riot Hospitality Group LLC, et al.,

Defendants.

No. CV-17-04612-PHX-GMS

PROTECTIVE ORDER RE:

DEFENDANTS’ DISCOVERY

RESPONSES

This matter came before the Court on the Stipulation for a Protective Order filed by 

Defendants Riot Hospitality Group, LLC n/k/a Noatoz, LLC, RHG Ventures, LLC, 4425 

Saddlebag, LLC, 4425 Saddlebag 2, LLC, Ryan Hibbert, Milo Companies, LLC, and 

Rooke, LLC (for ease of reference, specifically defined herein as “Defendants”), together 

with Plaintiff Alyssa Jones (“Plaintiff”) and Defendants JW Bar, LLC (“JW”) and MRM 

Hospitality, LLC (“MRM”).

The Court, having considered the stipulation and protective order, and Good Cause 

appearing, 

IT IS HEREBY ORDERED that the following procedures shall govern only the 

production, exchange, and use of certain documents, testimony, and other information 

produced, given, provided, or exchanged (“Discovery Materials”) which identifies, 

(a) sexual partners of individual Defendant Ryan Hibbert (other than Plaintiff), (b) sexual 

partners of non-party Eric Sanchez (other than Plaintiff), and (c) sexual relationships 

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between non-party employees of Defendant 4425 Saddlebag, LLC, including without 

limitation, Defendant Hibbert’s response to Plaintiff’s Interrogatory No. 7 and Defendant 

4425 Saddlebag’s responses to Plaintiff’s Interrogatories No. 6 and No. 7, which responses 

were ordered by the Court at the November 5, 2019 in-person Status Conference, and will 

not extend to any other Discovery Materials:

1. Defendants may designate any Discovery Materials as “Confidential” when: 

(i) any such Discovery Materials are to be produced in response to Plaintiff’s written 

discovery requests; and (ii) Defendants in good faith believe that the Discovery Materials 

contain or constitute information or documents which contain information that is not 

otherwise subject to public disclosure (“Confidential Information”).

2. Consistent with the terms of Paragraph 1, Defendants (or their counsel) may 

designate any Discovery Materials (whether in hard copy or electronic format) as 

Confidential Information by marking or designating in writing the applicable Discovery 

Materials as “Confidential.”

3. Discovery Materials containing Confidential Information shall be used by 

Plaintiff or any Defendant, or their respective counsel, solely in accordance with the 

provisions of this Protective Order. Discovery Materials containing Confidential 

Information will not be used, and may not be used, by any party to this litigation (or that 

party’s principal, member, officer, director, or agent), or any third party, for purposes other 

than this specific litigation.

4. The failure to designate any Discovery Materials as Confidential prior to 

their production does not constitute a waiver of such claim, subject to the limitations in this 

Paragraph 4. If at any time Defendants determine or realize that any Discovery Materials 

that were disclosed should be designated as Confidential, Defendants may notify the other 

parties in writing, and such Discovery Materials will thereafter be treated as Confidential 

under the terms of this Protective Order, provided that Defendants shall, at their cost, 

provide the other parties with substitute copies, bearing the appropriate legend, of any such 

Discovery Materials. The parties agree to work in good faith and take reasonable steps to 

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ensure that such re-designated Discovery Materials be treated consistent with the terms of 

this Protective Order and such designation; provided, however, that if such Discovery 

Materials have been disclosed by the parties between the time of initial production or 

receipt of the transcript containing the testimony and the time at which Defendants give 

notice that the Discovery Materials are to be designated as Confidential, such disclosure 

does not constitute a violation of this Protective Order. If any Discovery Materials are 

designated as Confidential after any of the parties have already disclosed the Discovery 

Material to another person or entity, the party that disclosed the Discovery Material to 

another person or entity, as the case may be, will within a reasonable time notify 

Defendants of the disclosure, and shall also promptly notify the person or entity to whom 

the Confidential Information was disclosed that the Discovery Material has been 

designated Confidential, and that the requirements of this Protective Order govern any 

further or subsequent disclosure of that Discovery Material. Notwithstanding anything in 

this Protective Order to the contrary, this Protective Order will apply only to the Discovery 

Materials described herein. 

5. If a party objects to the designation of any Discovery Materials as containing 

Confidential Information, the objection shall be stated by letter to Defendants or their 

counsel, and specifically identify, by Bates number if possible, the Discovery Materials at 

issue. Plaintiff and Defendants shall attempt to resolve the dispute amongst themselves. In 

the absence of such resolution, the party objecting to the Confidential Information 

designation may apply to the Court for an order removing the challenged designation; 

provided, however, that any such application to the Court shall be made only after 

providing Defendants’ counsel with three business days’ notice. The Discovery Materials 

in question shall continue to be treated as Confidential Information under the terms of this 

Protective Order unless and until the Court rules otherwise or Defendants agree in writing 

to withdraw the challenged designation. With respect to any material that ceases to be 

designated Confidential, Defendants, at their expense, will provide to any party to whom 

the material has been provided and which so requests additional copies thereof from which 

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the challenged confidentiality legends (if any) have been removed.

6. Confidential Information shall be held confidential as provided for in this 

Protective Order, and shall not be disseminated or disclosed to any other person or entity 

except as expressly permitted by this Protective Order, by written consent of Defendants,

or upon further order of the Court.

7. The parties or their counsel may disclose Confidential Information to the

following authorized recipients only:

Outside experts or consultants for the parties in this action whose advice and 

consultation are being or will be used by the parties in this action, including their 

clerical personnel, provided, however, that any such person first provides a signed 

copy of the Agreement to Abide by the Protective Order, attached hereto as Exhibit 

“A”;

Outside counsel or in-house counsel who represents any parties in this action, 

as well as stenographic, clerical, and legal assistant employees of those attorneys 

whose functions require access to Confidential Information;

Any person indicated on the face of a document to be the author, addressee, 

or an actual or intended recipient of the document;

The Court and its authorized staff, including official and freelance court 

reporters and videotape operators hired by any party to this action, and any members 

of the jury;

The parties to this litigation, or officers, directors, or employees of the parties 

to this action for use in this specific litigation;

Any insurers that may provide coverage for any of the claims asserted in this 

litigation;

To the extent not otherwise covered by this Section, any witness or deponent 

(and counsel of such witness or deponent) during the course of or to the extent 

necessary for, preparation for deposition or testimony relating to this action; 

provided, however, that before being presented with any of the Confidential 

Information protected under this Protective Order, any deponent or witness that is 

not a party to this litigation will be admonished about the confidential and sensitive 

nature of the Confidential Information;

Any other person upon agreement of Defendants, provided that such person 

shall first execute the Agreement to Abide by the Protective Order attached hereto 

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as Exhibit “A”, a copy of which shall be retained by counsel for the party disclosing 

the “Confidential” documents or information. It shall be the responsibility of the 

parties and/or their counsel making such disclosure of “Confidential” documents or 

information to secure, prior to making such disclosure, an executed Exhibit “A” 

from the person to whom disclosure is to be made; and 

Any other person, only upon order of the Court or express agreement among 

the parties to the action; provided, however, that any such person first provide a 

signed copy of the Agreement to Abide by the Protective Order, attached hereto as 

Exhibit “A.”

8. Nothing in this Protective Order will preclude any person or entity from 

complying with the terms and conditions of a validly issued subpoena or other order from 

a court or tribunal with the authority to act on such matters, subject to the requisite 

procedure provided herein.

9. In the event that a party to this action authorized to have access to 

Confidential Information is served with a request, subpoena, demand, or other legal process 

that seeks production of Confidential Information, such person (the “Requested Person”) 

shall give written notice to Defendants within ten business days of the receipt of such 

request, and shall furnish Defendants with a copy of said subpoena or other process or order 

to allow Defendants the opportunity to resist production or protect the confidentiality of 

the documents or information at issue. Except to the extent required by law, the Requested 

Person shall not produce the Confidential Information until the earlier of: (i) receipt of prior 

written consent from Defendants; (ii) in the event Defendants do not object to, seek to 

quash, or seek a protective order from the subpoena, by the return date of the subpoena or 

other process; or (iii) five business days after a decision on any motion to quash or motion 

for a protective order or such shorter period as the court may direct. Nothing herein shall 

prevent a party to this action from complying with a court order.

10. Counsel for any party to this action who seeks to file with the Court, or refer 

to or quote in any way, any Discovery Materials that have been designated as Confidential 

Information or any deposition transcripts, exhibits, or other documents which have 

previously been designated as Confidential Information, or which refer to or quote 

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Discovery Materials that have been designated as Confidential Information, shall do so by 

filing a Motion to Seal Confidential Information in the manner prescribed by the Rules of 

Practice of the U.S. District Court for the District of Arizona, LRCiv 5.6. Such motion shall 

only be granted upon a showing that: (a) there are compelling reasons to seal the 

information, supported by specific factual findings, when such information is contained or 

referenced in a judicial record and/or attached to a dispositive motion; or (b) there is good 

cause to seal the information, when such information is attached to a non-dispositive

motion. See Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). Nothing 

in this Protective Order shall prevent the parties from offering any Confidential 

Information in open court, provided that such offering party confers with the other parties 

and the Court about the most reasonable manner to maintain the confidential nature of the 

information, and such hearing or testimony is sealed, at the request of the party invoking 

the confidential nature of the Confidential Information. No portion of the trial in this matter 

shall be conducted under seal.

11. In the event that any Confidential Information that has been redacted, filed

under seal, or otherwise protected pursuant to the provisions of this Protective Order is

used, disseminated, disclosed, or otherwise revealed in violation of the provisions of this

Protective Order, such Confidential Information shall not lose its status as Confidential.

12. Nothing contained herein shall preclude any party to this action from

utilizing Confidential Information in taking depositions in or at the trial of this case, nor

shall it preclude it from being presented to the jury or judge, so long as the party preserves 

the confidential nature of the Confidential Information, as required under the terms of this 

Protective Order. The party asserting the confidential nature of the Confidential 

Information will have the burden of identifying any use of Confidential Information in 

documents or transcripts of any depositions at the time the deposition is occurring or the 

Confidential Information is being shared with a witness, the judge, or jury. Unless 

otherwise objected to by Defendants, such deposition transcripts will be prepared with a 

designation, on the first page of the transcript and on a sealed envelope containing that 

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transcript and/or videotape, that the deposition contains Confidential Information or 

materials, and all copies of such Confidential Information or materials shall be kept and 

disseminated by any party to this action only in accordance with the terms of this Order. In 

all instances, except voluntary or willful disclosure of Confidential Information by any 

party in a bad-faith manner that is not permitted by this Protective Order, the cost and 

burden is upon the party asserting the confidential nature of Confidential Information to 

preserve its confidential nature. In no instance will a party be sanctioned or be made to pay 

any costs for any inadvertent disclosure of Confidential Information that may occur in 

connection with Court proceedings, unless such disclosure was voluntary or willful.

13. Nothing herein shall be construed as restricting Defendants’ use of their own

Discovery Materials designated as Confidential Information. However, any information

that is publicly filed with the Court by Defendants in pleadings or otherwise shall no longer 

be deemed Confidential Information unless Defendants have filed such information under 

seal, upon Court approval and pursuant to the procedures and “compelling reasons” and/or 

“good cause” standards provided above.

14. Inadvertent disclosure of materials or information that the disclosing party in 

good faith claims are subject to the attorney-client privilege, the work-product doctrine, or 

any other privilege or immunity from disclosure (collectively, “Claimed Privileged 

Materials”) shall not constitute a waiver of, or an estoppel as to any claim of, such privilege, 

doctrine, or immunity for such materials or information. If Claimed Privileged Materials 

are inadvertently or mistakenly produced, upon written request by the disclosing party, all 

copies, excerpts, extracts, summaries, and any other document, material, or information 

reflecting the contents, of the inadvertently produced Claimed Privileged Materials must 

be returned, destroyed, or expunged immediately, provided that such materials or 

information are actually subject to a privilege or immunity from disclosure. Unless 

otherwise permitted by order of the Court (which may be sought only after all copies, 

excerpts, extracts, summaries, and other document, material or information reflecting the 

contents, of the materials or information at issue have been returned, destroyed, or 

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expunged as set forth in the prior sentence), a party to this action shall not use the 

inadvertently or mistakenly produced Claimed Privileged Materials or any information 

derived therefrom for any purpose.

15. This Protective Order shall not apply to information that:

is a public document or is public knowledge at the time of its disclosure or 

becomes public knowledge after its disclosure through no action or omission by or 

on behalf of any party to this action (including breaching this Protective Order); or 

is lawfully disclosed or made available to a party to this action by a third 

party.

16. Nothing herein shall be construed to affect or determine in any way the 

admissibility of any document, testimony, or other evidence at any court hearing or 

proceeding in this action.

17. The provisions of this Protective Order shall survive the conclusion of this 

action and shall continue in full force and effect.

18. At the conclusion of this action, all Confidential Information not received in 

evidence or contained in papers filed with the Court shall be returned to Defendants or 

destroyed. If a party to this action elects to destroy, rather than return the Confidential 

Information, that party shall, within ninety (90) calendar days after written request by 

Plaintiff, confirm in writing that the Confidential Information has been destroyed. For the 

avoidance of doubt, this paragraph shall not require the return or destruction of any work 

product that contains or discusses Confidential Information.

19. Any party to this action receiving Confidential Information may seek relief 

from the requirements of this Protective Order by notifying Defendants of its request for 

such relief and requesting a discovery conference with the Court.

Dated this 27th day of November, 2019.

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EXHIBIT A

The undersigned,_____________________________, affirms that he/she has read 

the Protective Order dated ____________ ___, 2019, in the case, styled as Alyssa Jones v. 

Riot Hospitality Group, et al., in the United States District Court for the District of Arizona. 

The undersigned agrees to comply with the terms and provisions thereof.

I further acknowledge that, under the terms of that Order, I am forbidden to disclose 

to any person documents or information that have been produced in this action and marked 

“Confidential,” and that I am forbidden to use any such Confidential documents or 

information for any business or competitive purpose.

I understand that if I violate any term of that Order, I may be subject to sanctions by 

the Court.

_______________________________________ _________________

By: Date

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