McCurry v. Bank of America, N.A. et al

Filing 48

STIPULATED PROTECTIVE ORDER re 46 Stipulation for Protective Order. Signed by Magistrate Judge Peggy A. Leen on 9/14/16. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:16-cv-00191-RFB-PAL Document 46 Filed 09/07/16 Page 1 of 6

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Jennifer L. Braster
Nevada Bar No. 9982
MAUPIN • NAYLOR • BRASTER
1050 Indigo Drive, Suite 112
Las Vegas, NV 89145
(t) [phone]
(f) [phone]
[e-mail]

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Attorneys for Defendant
Experian Information Solutions, Inc.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PATRICIA MCCURRY,
Plaintiff,

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Case No. 2:16-cv-00191-RFB-PAL
STIPULATED PROTECTIVE ORDER

v.
BANK OF AMERICA, N.A.; CHASE
BANK, USA, N.A.; OCWEN LOAN
SERVICING, LLC; SELECT PORTFOLIO
SERVICING, INC.; EQUIFAX
INFORMATION SERVICES, LLC; and
EXPERIAN INFORMATION SOLUTIONS,
INC.,
Defendants.

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IT IS HEREBY STIPULATED by and between Plaintiff Patricia McCurry, Defendant

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Experian Information Solutions, Inc. (“Experian”), Defendant Ocwen Loan Servicing, LLC

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(“Ocwen”), and Defendant Select Portfolio Servicing, Inc. (“Select”), by and through their

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respective attorneys of record, as follows:

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WHEREAS, documents and information have been and may be sought, produced or

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exhibited by and among the parties to this action relating to trade secrets, confidential research,

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development, technology or other proprietary information belonging to the defendant, and/or

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personal income, credit and other confidential information of Plaintiff.

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MAUPIN • NAYLOR • BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 112
Las Vegas, NV 89145
[phone]

THEREFORE, an Order of this Court protecting such confidential information shall be and
hereby is made by this Court on the following terms:

Case 2:16-cv-00191-RFB-PAL Document 46 Filed 09/07/16 Page 2 of 6

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1.

This Order shall govern the use, handling and disclosure of all documents,

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testimony or information produced or given in this action which are designated to be subject to

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this Order in accordance with the terms hereof.

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2.

Any party or non-party producing or filing documents or other materials in this

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action may designate such materials and the information contained therein subject to this Order

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by typing or stamping on the front of the document, or on the portion(s) of the document for

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which confidential treatment is designated, “Confidential.”

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3.

If a party or non-party producing documents in this action (a “Producing Party”)

believes in good faith that, despite the provisions of this Protective Order, there is a substantial

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risk of identifiable harm to the Producing Party if particular documents it designates as

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“Confidential” are disclosed to all other Parties or non-parties to this action, the Producing Party

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may designate those particular documents as “Confidential—Attorneys’ Eyes Only.”

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4.

To the extent any motions, briefs, pleadings, deposition transcripts, or other

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papers to be filed with the Court incorporate documents or information subject to this Order, the

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party filing such papers shall designate such materials, or portions thereof, as “Confidential,” or

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“Confidential—Attorneys’ Eyes Only” and shall file them with the clerk under seal; provided,

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however, that a copy of such filing having the confidential information deleted therefrom may be

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made part of the public record. Any party filing any document under seal must comply with the

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requirements of LR IA 10-5.

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5.

All documents, transcripts, or other materials subject to this Order, and all

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information derived therefrom (including, but not limited to, all testimony given in a deposition,

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declaration or otherwise, that refers, reflects or otherwise discusses any information designated

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“Confidential” or “Confidential—Attorneys’ Eyes Only” hereunder), shall not be used, directly

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or indirectly, by any person, including the other defendants, for any business, commercial or

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competitive purposes or for any purpose whatsoever other than solely for the preparation and

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trial of this action in accordance with the provisions of this Order.

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MAUPIN • NAYLOR • BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 112
Las Vegas, NV 89145
[phone]

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Case 2:16-cv-00191-RFB-PAL Document 46 Filed 09/07/16 Page 3 of 6

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6.

Except with the prior written consent of the individual or entity designating a

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document or portions of a document as “Confidential,” or pursuant to prior Order after notice,

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any document, transcript or pleading given “Confidential” treatment under this Order, and any

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information contained in, or derived from any such materials (including but not limited to, all

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deposition testimony that refers to, reflects or otherwise discusses any information designated

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“Confidential” hereunder) may not be disclosed other than in accordance with this Order and

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may not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this

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litigation; (c) counsel for the parties, whether retained outside counsel or in-house counsel and

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employees of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact

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witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need

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to know such information; (e) present or former employees of the Producing Party in connection

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with their depositions in this action (provided that no former employees shall be shown

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documents prepared after the date of his or her departure); and (f) experts specifically retained as

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consultants or expert witnesses in connection with this litigation.

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7.

Except with the prior written consent of the individual or entity designating a

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document or portions of a document as “Confidential—Attorneys’ Eyes Only”, or pursuant to

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prior Order after notice, any document, transcript or pleading given “Confidential—Attorneys

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Eyes Only” treatment under this Order, and any information contained in, or derived from any

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such materials (including but not limited to, all deposition testimony that refers to, reflects or

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otherwise discusses any information designated “Confidential—Attorneys Eyes Only”

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hereunder) may not be disclosed other than in accordance with this Order and may not be

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disclosed to any person other than: (a) a party’s retained outside counsel of record in this action,

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as well as employees of said outside counsel to whom it is reasonably necessary to disclose the

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information for this litigation and who have signed the “Declaration of Compliance” that is

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attached hereto as Exhibit A; (b) experts specifically retained as consultants or expert witnesses

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in connection with this litigation who have signed the “Declaration of Compliance” (Exhibit A);

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(c) the Court and its personnel; (d) court reporters, their staffs, and professional vendors to whom

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MAUPIN • NAYLOR • BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 112
Las Vegas, NV 89145
[phone]

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Case 2:16-cv-00191-RFB-PAL Document 46 Filed 09/07/16 Page 4 of 6

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disclosure is reasonably necessary for this litigation and who have signed the “Declaration of

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Compliance” (Exhibit A); and (e) the author of the document or the original source of the

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information.

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Documents produced pursuant to this Order shall not be made available to any

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person designated in Subparagraph 6(f) or 7(b) unless he or she shall have first read this Order,

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agreed to be bound by its terms, and signed the attached Declaration of Compliance.

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9.

All persons receiving any or all documents produced pursuant to this Order shall

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be advised of their confidential nature. All persons to whom confidential information and/or

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documents are disclosed are hereby enjoined from disclosing same to any person except as

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provided herein, and are further enjoined from using same except in the preparation for and trial

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of the above-captioned action between the named parties thereto. No person receiving or

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reviewing such confidential documents, information or transcript shall disseminate or disclose

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them to any person other than those described above in Paragraph 6 and Paragraph 7 and for the

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purposes specified, and in no event shall such person make any other use of such document or

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transcript.

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10.

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Nothing in this Order shall prevent a party from using at trial any information or

materials designated “Confidential” or “Confidential—Attorneys’ Eyes Only”.

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11.

This Order has been agreed to by the parties to facilitate discovery and the

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production of relevant evidence in this action. Neither the entry of this Order, nor the

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designation of any information, document, or the like as “Confidential,” or “Confidential—

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Attorneys’ Eyes Only” nor the failure to make such designation, shall constitute evidence with

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respect to any issue in this action.

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12.

Within sixty (60) days after the final termination of this litigation, all documents,

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transcripts, or other materials afforded confidential treatment pursuant to this Order, including

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any extracts, summaries or compilations taken therefrom, but excluding any materials which in

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the good faith judgment of counsel are work product materials, shall be returned to the Producing

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Party.

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MAUPIN • NAYLOR • BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 112
Las Vegas, NV 89145
[phone]

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Case 2:16-cv-00191-RFB-PAL Document 46 Filed 09/07/16 Page 5 of 6

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13.

In the event that any party to this litigation disagrees at any point in these

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proceedings with any designation made under this Protective Order, the parties shall first try to

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resolve such dispute in good faith on an informal basis in accordance with LR 26-7. If the

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dispute cannot be resolved, the party objecting to the designation may seek appropriate relief

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from this Court. During the pendency of any challenge to the designation of a document or

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information, the designated document or information shall continue to be treated as

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“Confidential” or “Confidential—Attorneys’ Eyes Only” subject to the provisions of this

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Protective Order.

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Nothing herein shall affect or restrict the rights of any party with respect to its

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own documents or to the information obtained or developed independently of documents,

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transcripts and materials afforded confidential treatment pursuant to this Order.

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The Court retains the right to allow disclosure of any subject covered by this

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stipulation or to modify this stipulation at any time in the interest of justice.

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IT IS SO ORDERED this 14th day
of September, 2016.

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MAUPIN • NAYLOR • BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 112
Las Vegas, NV 89145
[phone]

____________________________
Peggy A. Leen
United States Magistrate Judge
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Case 2:16-cv-00191-RFB-PAL Document 46 Filed 09/07/16 Page 6 of 6

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Dated: September 7, 2016

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/s/ Jennifer L. Braster
Jennifer L. Braster
Maupin Naylor Braster
1050 Indigo Dr., Suite 112
Las Vegas, NV 89145
Telephone: [phone]

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Attorneys for Defendant
Experian Information Solutions, Inc.

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Respectfully submitted,

Dated: September 7, 2016

Respectfully submitted,

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/s/ David Krieger
David Krieger
Haines & Krieger, LLC
8985 S. Eastern Ave., Suite 350
Henderson, NV 89123
Telephone: [phone]

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Attorneys for Plaintiff
Carol Mainor

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Dated: September 7, 2016

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Respectfully submitted,
/s/ Inku Nam
Edgar C. Smith, Esq.
Inku Nam, Esq.
Wright, Finlay & Zak, LLP
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Telephone: [phone]

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Attorneys for Defendant
Ocwen Loan Servicing, LLC

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IT IS SO ORDERED.
Dated: __________, _____
UNITED STATES MAGISTRATE JUDGE

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MAUPIN • NAYLOR • BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 112
Las Vegas, NV 89145
[phone]

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