Federal Trade Commission v. Ivy Capital, Inc. et al

Filing 286

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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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 FEDERAL TRADE COMMISSION, ) ) Plaintiff, ) ) vs. ) ) IVY CAPITAL, INC., et al., ) ) Defendants, and ) ) CHERRYTREE HOLDINGS, LLC, et al., ) ) Relief Defendants. ) __________________________________________) Case No. 2:11-cv-00283-JCM-GWF PROTECTIVE ORDER 14 15 The Court, having considered the Motion for Protective Order as to Sensitive Personally 16 Identifiable Information (#268), and for good cause shown, finds that the Motion should be granted as 17 follows: 18 A. The Protective Order governs the handling of confidential personally identifiable 19 information contained in documents, statements, depositions and deposition exhibits, interrogatory 20 answers, responses to requests to admit and other written, recorded or graphic matter whenever created, 21 which is served or produced by or obtained from any party or any non-party who agrees to be bound by 22 the Protective Order, during the proceedings in the captioned case. 23 24 25 26 B. The following definitions shall apply to this Protective Order: 1. “Parties” shall mean and refer to Plaintiff Federal Trade Commission, and each defendant in the above-captioned case. 2. “Personally Identifiable Information” shall mean Social Security numbers, dates 27 of birth, bank or financial account numbers, driver’s license numbers or other state identification 28 numbers or foreign country equivalent, credit or debit card numbers, military identification numbers, 1 passports numbers, sensitive health-related data, biometric identifiers or other sensitive material relating 2 to an individual which would be entitled to confidential status under applicable law or by order of this 3 Court. Records containing Personally Identifiable Information include, but are not limited to, bank 4 account records, financial statements, e-mail records, internet sales records and receipts, and shipping 5 records. 6 C. Defendants and their attorneys are prohibited, without limitation, from directly or 7 indirectly providing access to or otherwise disclosing Personally Identifiable Information to anyone 8 who is not covered by the defendants’ attorney-client privilege or is not otherwise assisting a defendant 9 in the defense of this above-captioned case. Defendant and person who are (1) covered by the 10 defendants’ attorney-client privilege or are (2) otherwise assisting a defendant in the defense of the 11 above-captioned actions (“Qualified Persons”) are further prohibited from making any use of such 12 material in any manner or for any purpose not directly related to the defense of this action. 13 D. Defendant and their attorneys are required to give a copy of this Protective Order to all 14 Qualified Persons. 15 E. This Protective Order applies to discovery materials in any form which contain 16 Personally Identifiable Information, regardless of when the materials are produced. This Protective 17 Order does not pertain to documents, records and reports that do not contain Personally Identifiable 18 Information. 19 F. Parties shall designate production of documents or other discovery materials that contain 20 Personally Identifiable Information. All parties, counsel and Qualified Persons who receive materials 21 containing Personally Identifiable Information in this case shall treat such materials, including any 22 electronic materials, as confidential and store them in a secure manner. 23 G. When disclosing records that contain Personally Identifiable Information to the Court or 24 in the context of a deposition, the parties shall first redact all Personally Identifiable Information, as 25 well as, where applicable, all address information except name, city, and state or seek to submit such 26 records under seal. When submitting documents containing Personally Identifiable Information in the 27 form of financial account numbers, including bank account numbers and credit or debit card numbers, 28 redacting all but the last four digits of the account number shall be sufficient. 2 1 H. Within 90 days of the conclusion of this case, including all related appeals, all materials 2 containing Personally Identifiable Information and copies thereof (other than exhibits in the possession 3 of the Court) shall be returned to the Federal Trade Commission. Alternatively, defendants or their 4 counsel may inform the Federal Trade Commission that all such copies have been destroyed. 5 I. The provisions of this order governing disclosure and use of the documents by the 6 defendant shall not terminate at the conclusion of this case. The obligation in this order to protect 7 materials containing Personally Identifiable Information shall continuously bind all defendants and 8 Qualified Persons. 9 J. If the Federal Trade Commission produces documents on a hard drive encryption device 10 as referenced in the proposed protective order (#268-1), the Parties shall meet and confer regarding the 11 terms of production and return of the hard drive encryption device or any payment to be made for 12 retaining the hard drive encryption device. If the Parties are unable to agree, the Parties may request a 13 status conference with the Court on this issue. 14 IT IS SO ORDERED. 15 DATED this 11th day of May, 2012. 16 17 18 ______________________________________ GEORGE FOLEY, JR. United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 3

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