Collins v. Trans Union, LLC et al

Filing 130

JOINT STIPULATED PROTECTIVE ORDER, by Magistrate Judge Nina Y. Wang on 3/3/2015. (tscha, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
DENVER DIVISION
Civil Action No. 1:14-cv-00742-RBJ-NYW
MICHAEL A. COLLINS,
Plaintiff,
v.
TRAN UNION, LLC, EXPERIAN
INFORMATION SOLUTIONS, INC.
EQUIFAX INFORMATION SERVICES
LLC, and LEXISNEXIS RISK DATA
RETRIEVAL SERVICES, LLC,
Defendants.
JOINT STIPULATION AND PROTECTIVE ORDER

IT IS HEREBY STIPULATED by and between Plaintiff Michael A. Collins and Defendants
Trans Union LLC, Experian Information Solutions, Inc., and Equifax Information Services, LLC
(sometimes referred to collectively herein as “Parties”), through their respective attorneys and Plaintiff
as follows:
Plaintiff Michael A. Collins (“Plaintiff”) has filed this lawsuit (the “Litigation”) against
Defendants Trans Union LLC, Experian Information Solutions, Inc., and Equifax Information
Services LLC (“Defendants”), alleging that Defendants are liable to Plaintiff for damages resulting
from alleged violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. In connection
with the Litigation, Plaintiff may seek discovery or testimony regarding certain of Defendants’
confidential and proprietary trade secrets and other business information, and Defendants have
sought discovery or testimony regarding the personal identifying information of Plaintiff (herein
after collectively referred to as the “Confidential Information”).

1
6627630.1/SP/83057/1705/022715

As a means of avoiding continued dispute with respect to any Parties’ requests for the
Confidential Information, the Parties have agreed to produce certain Confidential Information
pursuant to the terms of this Order.
All Confidential Information shall only be utilized by the Parties in connection with the
Litigation and in accordance with the terms and conditions of this Order.
The Parties shall have the right to may designate as Confidential Information any part or
the whole of any answers to discovery, answers to interrogatories, answers to requests for
admission, deposition transcripts, responses to production requests, documents, expert reports,
disclosures, exhibits, trial or deposition testimony or other information that the Parties deem to be
confidential, meaning information that the Parties in good faith deem to be private personal
information—such as Social Security numbers and residential addresses—true trade secrets, or
other truly proprietary and confidential information, such as the respective settlement agreements
entered between Plaintiff and Defendants in previous litigation of the claims in this Litigation.
Any document, discovery, testimony, or other information that the Parties have designated as
Confidential Information shall constitute Confidential Information, both in form and substance.
The Confidential Information provided by and/or designated by any of the Parties shall be
used strictly in accordance with the terms in this Order. At no time shall the Confidential
Information be disclosed to or used by any person, corporation, or entity in competition with or
against any of the Parties.
The Parties may designate any document, discovery, or other information as Confidential
Information by an appropriate marking that prominently displays the words “Confidential” or
“Confidential Information.” Deposition or trial testimony can be designated by the Parties as
Confidential Information. Such designation will be made on the record if possible, but the
2
6627630.1/SP/83057/1705/022715

Parties can designate portions of such testimony as Confidential Information by providing written
notice of such designation to the opposing Parties within thirty (30) days of receipt of the
transcribed testimony by counsel. Until thirty (30) days after receipt of the transcribed testimony,
such testimony shall be treated by the Parties as Confidential Information.
The Parties, their attorneys, or anyone else acting on their behalf shall take such
precautions with the Confidential Information as are necessary to strictly maintain its
confidentiality and comply with the terms of this Order.
Unless otherwise ordered by the Court, or agreed to in writing by the Parties, information
designated by any of the Parties as Confidential Information shall not be revealed to any person
or entity except: (i) the parties, their attorneys and their attorneys’ support staff employees who
perform work tasks related to this case; (ii) qualified persons taking testimony involving such
material and necessary stenographic and clerical personnel; and (iii) expert witnesses and their
staff employed for this litigation after such experts have signed the acknowledgment attached as
Exhibit A; (iv) present or former employees of the producing party in connection with their
depositions in this action, including witnesses produced pursuant to Fed. R. Civ. P. 30(b)(6);
(v) witnesses who are deposed in this action or who are called to testify as witnesses at any
hearing in this action, but only in preparation for the deposition or hearing and only as to such
material in which the witness is identified as an originator, author, addressee, or recipient of the
original or a copy; (vi) outside professional vendors that provide litigation support services, such
as photocopying, imaging, videotaping, exhibit preparation, etc. after such vendors have signed
the acknowledgment attached as Exhibit A, and (vii) the Court, Court personnel, and members of
any jury impaneled to hear this case.

3
6627630.1/SP/83057/1705/022715

In the event the Parties intend to file Confidential Information with the Court and limit
public access to such Confidential Information, they shall file it under seala motion to restrict
pursuant to the requirements of Court for filing documents under sealas set forth in
D.C.COLO.LCivR 7.2, or else redact from the documents all Confidential Information as agreed
to by the designating party. Agreement of the Parties does not substitute for compliance with
D.C.COLO.LCivR 7.2.
In the event a Party disagrees with the designation of Confidential Information, the
Parties shall first try to resolve the disagreement in good faith on an informal basis, such as the
production of redacted copies. In the event such a dispute cannot be resolved by agreement, the
receiving party may seek a ruling of the Court regarding the confidential designation. The
receiving party shall treat the materials in accordance with the designation until such time as the
Court rules concerning the designation. This Order shall govern pretrial proceedings only, and
nothing set forth herein prohibits the use at trial of any Confidential Information or affects the
admissibility of any evidence. The procedures to govern the use and disclosure of Confidential
Information and the redaction of any “Confidential’ or “Confidential Information” designation
may be the subject of further agreement of the Parties or order of the Court.
Nothing herein shall be construed as limiting a Party’s use of its own Confidential
Information and such use shall not constitute a waiver of the terms of this Order or the status of
such information as Confidential Information. Any of the Parties can remove their designation of
Confidential Information from any information it has previously so designated.
Third parties who are the subject of discovery requests, subpoenas or depositions in this
case may take advantage of the provisions of this Protective Order by providing Plaintiff and

4
6627630.1/SP/83057/1705/022715

Defendants with written notice that they intend to comply with and be bound by the terms of this
Protective Order.
Within sixty (60) days after the final resolution of the Litigation, including any appellate
proceeding, the Parties agree to return to opposing counsel the original and any copies of any
Confidential Information produced.
SO ORDERED.
SIGNED this 3d day of March, 2015.

s/ Nina Y. Wang
HONORABLE NINA Y WANG
UNITED STATES MAGISTRATE JUDGE

5
6627630.1/SP/83057/1705/022715

AGREED:

See attached
MICHAEL A. COLLINS
[e-mail]
P.O. Box 460276
Aurora, CO 80046-0279
[phone]
Pro Se Plaintiff

/s/ Brian P. Gaffney
BRIAN P. GAFFNEY
[e-mail]
SNELL & WILMER, LLP
1200 17th Street, Suite 1900
Denver, CO 80202
[phone]
[phone] Fax
Counsel for Equifax Information Services
LLC

/s/ Alyson V. Blatney
ALYSON V. BLATNEY
Texas Bar No. 24066249
[e-mail]
STRASBURGER & PRICE, LLP
2801 Network Boulevard, Suite 600
Frisco, TX 75034
Telephone: [phone]
Fax: [phone]
and
BENTON BARTON
[e-mail]
Colorado Bar No. 30760
HALL & EVANS, LLC
1001 Seventeenth Street, Suite 300
Denver, CO 80202
[phone]
[phone] Fax
Counsel for Trans Union LLC

/s/ Meredith Louise Williams
EDWARD S. CHANG
[e-mail]
MEREDITH LOUISE WILLIAMS
[e-mail]
JONES DAY
3161 Michelson Drive, 800
Irvine, CA 92612
[phone]
[phone] Fax
and
CHRISTIAN SHAW MONSON
[e-mail]
CAMPBELL, LATIOLAIS & AVERBACH,
LLC
825 Logan Street
Denver, CO 80203
[phone]
Counsel for Experian Information Solutions,
Inc.

6
6627630.1/SP/83057/1705/022715

EXHIBIT A
The

undersigned

has

read

and

understands

the

terms

of

the

Agreed

Protective/Confidentiality Order effective in this case, Michael A. Collins v. Trans Union LLC,
et al., Civil Action No. 1:14-cv-00742-RBJ-NYW, which is currently pending in the United
States District Court for the District of Colorado, Denver Division. The undersigned agrees (i) to
abide by the terms of the Agreed Protective/Confidentiality Order; (ii) not to use or divulge,
under penalty of law, any documents, materials or other information covered by the Agreed
Protective/Confidentiality Order, including Confidential Information, except as permitted by the
terms of the Agreed Protective/Confidentiality Order; and (iii) to submit to the jurisdiction of the
United States District Court for the District of Colorado, Denver Division for resolution of any
issues arising under the Agreed Protective/Confidentiality Order.

Dated: _____________________

Signed: ______________________________
Printed: _____________________________

6627630.1/SP/83057/1705/022715