Gullo v. Experian Information Solutions, Inc. et al

Filing 19

ORDER Granting 18 Stipulated Protective Order. Signed by Magistrate Judge Carl W. Hoffman on 10/18/16. (Copies have been distributed pursuant to the NEF - ADR)

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Bob L. Olson
Nevada Bar No. 3783
Joshua D. Cools
Nevada Bar No. 11941
Charles E. Gianelloni
Nevada Bar No. 12747
V.R. Bohman
Nevada Bar No. 13075
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
Experian Information Solutions, Inc.

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHRISTOPHER GULLO,

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Plaintiff,

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Case No. 2:16-cv-00547-APG-CWH
STIPULATED PROTECTIVE ORDER

v.
Complaint filed: March 11, 2016

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EXPERIAN INFORMATION SOLUTIONS,
INC.; COAST TO COAST FINANCIAL
SOLUTIONS, INC.,

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Defendants.

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IT IS HEREBY STIPULATED by and between Plaintiff Christopher Gullo (“Plaintiff”)

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and Defendant Experian Information Solutions, Inc. (“Defendant”) (collectively the “Parties”),

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through their counsel 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 defendants, and/or

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personal income, credit and other confidential information of Plaintiff.

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

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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.

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

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L.L.P.
LAW OFFICES
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Las Vegas, Nevada 89169
702.784.5200

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

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

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file them with the clerk under seal; provided, however, that a copy of such filing having the

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confidential information deleted therefrom may be made part of the public record. Any Party

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filing any document under seal must comply with the requirements of Civil Local Rule IA 10-5.

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4.

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”) shall not be used, directly or indirectly, by any person, including the other

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defendants, for any business, commercial or competitive purposes or for any purpose whatsoever

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other than solely for the preparation and trial of this action in accordance with the provisions of

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this Order.

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5.

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, any

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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 may
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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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6.

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

Snell & Wilmer

person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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

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7.

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.

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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 5 and for the purposes

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

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8.

No person receiving or

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

materials designated “Confidential.”

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9.

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 designation

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of any information, document, or the like as “Confidential,” nor the failure to make such

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designation, shall constitute evidence with respect to any issue in this action.

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10.

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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11.

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 Civil Local Rule 26-7.

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If the dispute cannot be resolved, the Party objecting to the designation may seek appropriate

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relief 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” subject to the provisions of this Protective Order.

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12.

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

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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

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and materials afforded confidential treatment pursuant to this Order.

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13.

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

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

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14.

Clawback of Privileged Information: In the event that any Party (the “Discloser”)

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produces material or documents without intending to waive a claim of privilege, the Discloser

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does not waive any claim of privilege if, within a reasonable amount of time after the Discloser

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actually discovers that such material or documents were produced, the Discloser notifies all other

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Parties (the “Recipient(s)”) of the inadvertent disclosure of privileged items, identifying the

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material or documents produced and stating the privilege asserted. Mere failure to diligently

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screen documents before producing them does not waive a claim of privilege.

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If the Discloser asserts that it inadvertently produced privileged items in accordance with

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this Clawback Agreement, the Recipient(s) must return the specified material or documents and

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any copies within ten (10) days of the notification. The Recipient(s) must further permanently

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destroy any electronic copies of such specified material or documents and affirm in writing to

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counsel for the Discloser of such destruction.

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In the event that the Recipient(s) contends the documents are not subject to privilege as

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asserted by the Discloser in accordance with this Clawback Agreement, the Recipient(s) may,
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following the return and destruction described above, challenge the privilege claim through a

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Motion to Compel or other pleading with the District Court in which the litigation is currently

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pending. The Parties agree that any review of items subject to this Clawback Agreement by the

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judge shall be an in camera review.

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Should the Recipient(s) not challenge the Discloser’s claim of privilege, or should the

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presiding judge determine that the documents are in fact subject to privilege, the documents, or

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information contained therein or derived therefrom, may not be used in the litigation or against

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the Discloser in any future litigation or arbitration brought by the Recipient(s). Nothing contained

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within this Clawback Agreement shall be deemed to waive any objection that any Party may wish

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to assert under applicable state or federal law.

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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15.

Post-Production Designation of Confidential Materials: In the event the Discloser

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produces material or documents intending them to be designated “Confidential,” the Discloser

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does not waive any claim of confidentiality if, within a reasonable amount of time after the

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Discloser actually discovers that such material or documents were produced without the

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“Confidential” designation, the Discloser notifies all Recipient(s) of the inadvertent disclosure of

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confidential items, identifying the material or documents produced and stating the produced

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documents were inadvertently not marked as “Confidential.” Mere failure to diligently screen

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documents before producing them does not waive a claim of confidentiality.

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If the Discloser asserts that it inadvertently produced confidential documents not marked

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as “Confidential,” the Recipient(s) must return the specified material or documents and any

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copies within ten (10) days of the notification. Within ten (10) days of receipt of the returned

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specified material or documents, the Discloser must mark the specified material or documents as

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“Confidential” and re-serve them on the Recipient(s). Upon re-receipt of specified material or

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documents now marked “Confidential,” the Recipient(s) must further permanently destroy any

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electronic copies of such specified material or documents that were inadvertently not marked

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“Confidential” and affirm in writing to counsel for the Discloser of such destruction.

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DATED this

17th

day of October 2016.

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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SNELL & WILMER L.L.P.

SPARTAN LAW, LLC

By: /s/ Joshua D. Cools
Bob L. Olson, Esq.
Joshua D. Cools, Esq.
Charles E. Gianelloni, Esq.
V.R. Bohman, Esq.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169

By: /s/ Danny Horen
Danny Horen, Esq.
7854 West Sahara Avenue
Las Vegas, NV 89117
Attorneys for Plaintiff Christopher Gullo

Attorneys for Defendant Experian Information
Solutions, Inc.

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ORDER
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IT IS SO ORDERED.

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U.S. DISTRICT COURT JUDGE

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October of 2016
DATED this _____ day18,October 2016.

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