Federal Trade Commission v. Ivy Capital, Inc. et al
Filing
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PROTECTIVE ORDER. Signed by Magistrate Judge George Foley, Jr. on 5/11/12. (Copies have been distributed pursuant to the NEF - MMM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FEDERAL TRADE COMMISSION,
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Plaintiff,
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vs.
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IVY CAPITAL, INC., et al.,
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Defendants, and
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CHERRYTREE HOLDINGS, LLC, et al.,
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Relief Defendants.
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__________________________________________)
Case No. 2:11-cv-00283-JCM-GWF
PROTECTIVE ORDER
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The Court, having considered the Motion for Protective Order as to Sensitive Personally
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Identifiable Information (#268), and for good cause shown, finds that the Motion should be granted as
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follows:
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A.
The Protective Order governs the handling of confidential personally identifiable
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information contained in documents, statements, depositions and deposition exhibits, interrogatory
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answers, responses to requests to admit and other written, recorded or graphic matter whenever created,
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which is served or produced by or obtained from any party or any non-party who agrees to be bound by
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the Protective Order, during the proceedings in the captioned case.
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B.
The following definitions shall apply to this Protective Order:
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“Parties” shall mean and refer to Plaintiff Federal Trade Commission, and each
defendant in the above-captioned case.
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“Personally Identifiable Information” shall mean Social Security numbers, dates
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of birth, bank or financial account numbers, driver’s license numbers or other state identification
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numbers or foreign country equivalent, credit or debit card numbers, military identification numbers,
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passports numbers, sensitive health-related data, biometric identifiers or other sensitive material relating
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to an individual which would be entitled to confidential status under applicable law or by order of this
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Court. Records containing Personally Identifiable Information include, but are not limited to, bank
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account records, financial statements, e-mail records, internet sales records and receipts, and shipping
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records.
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C.
Defendants and their attorneys are prohibited, without limitation, from directly or
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indirectly providing access to or otherwise disclosing Personally Identifiable Information to anyone
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who is not covered by the defendants’ attorney-client privilege or is not otherwise assisting a defendant
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in the defense of this above-captioned case. Defendant and person who are (1) covered by the
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defendants’ attorney-client privilege or are (2) otherwise assisting a defendant in the defense of the
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above-captioned actions (“Qualified Persons”) are further prohibited from making any use of such
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material in any manner or for any purpose not directly related to the defense of this action.
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D.
Defendant and their attorneys are required to give a copy of this Protective Order to all
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Qualified Persons.
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E.
This Protective Order applies to discovery materials in any form which contain
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Personally Identifiable Information, regardless of when the materials are produced. This Protective
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Order does not pertain to documents, records and reports that do not contain Personally Identifiable
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Information.
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F.
Parties shall designate production of documents or other discovery materials that contain
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Personally Identifiable Information. All parties, counsel and Qualified Persons who receive materials
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containing Personally Identifiable Information in this case shall treat such materials, including any
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electronic materials, as confidential and store them in a secure manner.
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G.
When disclosing records that contain Personally Identifiable Information to the Court or
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in the context of a deposition, the parties shall first redact all Personally Identifiable Information, as
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well as, where applicable, all address information except name, city, and state or seek to submit such
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records under seal. When submitting documents containing Personally Identifiable Information in the
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form of financial account numbers, including bank account numbers and credit or debit card numbers,
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redacting all but the last four digits of the account number shall be sufficient.
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H.
Within 90 days of the conclusion of this case, including all related appeals, all materials
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containing Personally Identifiable Information and copies thereof (other than exhibits in the possession
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of the Court) shall be returned to the Federal Trade Commission. Alternatively, defendants or their
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counsel may inform the Federal Trade Commission that all such copies have been destroyed.
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I.
The provisions of this order governing disclosure and use of the documents by the
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defendant shall not terminate at the conclusion of this case. The obligation in this order to protect
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materials containing Personally Identifiable Information shall continuously bind all defendants and
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Qualified Persons.
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J.
If the Federal Trade Commission produces documents on a hard drive encryption device
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as referenced in the proposed protective order (#268-1), the Parties shall meet and confer regarding the
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terms of production and return of the hard drive encryption device or any payment to be made for
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retaining the hard drive encryption device. If the Parties are unable to agree, the Parties may request a
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status conference with the Court on this issue.
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IT IS SO ORDERED.
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DATED this 11th day of May, 2012.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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