Winters Jr. v. AFNI, Inc. et al

Filing 22

STIPULATED PROTECTIVE ORDER re 19 Stipulation for Protective Order. Signed by Magistrate Judge Carl W. Hoffman on 9/27/16. (Copies have been distributed pursuant to the NEF - MMM)

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Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 1 of 10 1 2 J 4 5 6 7 8 Bob L. Olson, Esq. Nevada Bar No. 3783 Charles E. Gianelloni, Esq. Nevada Bar No. 12747 V.R. Bohman, Esq. Nevada Bar No. 13075 SNELL & V/ILMER I.I.P. 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, NV 89169 Telephone: (702) 784-5200 Facsimile: (7 02) 7 84-5252 Email: bolson@swlaw.com cgianelloni@swlaw. com vbohman@swlaw.com Att orney s for D efendant Experian Information Solutions, Inc. 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 t2 lrr c)lI .¿ 13 Plaintiff, y :^ ;ö :a l(t-3 > iËÈii J ¿O iZP 4) * WILLIE R. V/INTERS JR., 14 t >-* ¡.-, i iï3 15 | 'Ja. | 9ä li I 1) I6 UDI i ar / Case No. 2:16-cv-0150 1 -JCM-CWH 7 |f I7 18 STIPULATED PROTECTIVE ORDER Complaint filed: June 23,2016 V AFNI, INC,; CLEARSPRING LOAN SERVICES, INC.; PRIME ACCEPTANCE CORP.; EQUIANT FINANCIAL SE,RVICES, INC.; SYNCHRONY BANII JCPENNY; EQUIFAX INFORMATION SERVICE S, LLC ; EXPERIAN INFORMATION SOLUTIONS, INC., I9 Defendants 20 IT IS HEREBY STIPULATED by and between Plaintiff Willie R. Winter, 2T Jr. 22 ("Plaintiffl'), Defendant AFNI, Inc. ("AFNI"), and Defendant Experian Information Solutions, 23 Inc. ("Experian," and together with Plaintiff and AFNI, the "Parties"), through their respective 24 attorneys of record, as follows: 25 WHEREAS, documents and information have been and may be sought, produced or 26 exhibited by and among the Parties to this action relating to trade secrets, confidential resealch, 27 development, technology or other proprietary information belonging to the defendants, andlor 28 personal income, credit and other confidential information of Plaintiff. 24884622 2 Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 2 of 10 THEREFORE, an Order of this Court protecting such confidential information shall be 1 2 and hereby is made by this Court on the following terms: 1. J This Order shall govern the use, handling and disclosure of all documents, 4 testimony or information produced or given in this action which are designated to be subject to 5 this Order in accordance with the terms hereof. 2. 6 Any Party or non-party producing or filing documents or other materials in this 7 action may designate such materials and the information contained therein subject to this Order I by typing or stamping on the front of the document, or on the portion(s) of the document for 9 which confi dential treatmerf is designated, "Confi dential." 3. 10 To the extent any motions, briefs, pleadings, deposition transcripts, or other papers 11 to be filed with the Court incorporate documents or information subject to this Order, the Party o t2 filing lØ: 13 file them with the clerk under seal; provided, however, that a copy of such filing having t4 confidential information deleted therefrom may be made part of the public record. Any Party 15 filing any document under lr c.,) F lio H I À ll.3 Ëi ,z '? I I a) H (n I lf - i=?. ?; J* f ¡) se Û' I6 such papers shall designate such materials, or portions thereof, as "Confidential," and shall 4. All seal must comply documents, transcripts, the with the requilernents of Civil Local Rule IA 10-5. or other materials subject to this Order, and all 17 information derived therefrom (including, but not limited to, all testimony given in a deposition, 18 declaration or otherwise, that refers, reflects or otherwise discusses any information designated t9 "Confidential") shall not be used, directly or indirectly, by any person, including the other 20 defendants, for any business, commercial or competitive purposes or for any purpose whatsoever 2I other than solely for the preparation and trial of this action in accordance with the provisions of 22 this Order. 23 5. Except with the prior written consent of the individual or entity designating a 24 documeff or portions of a document as "Confidential," or pursuant to prior Order after notice, any 25 document, transcript 26 information contained in, or derived from any such materials (including but not limited to, all 27 deposition testirnony that refers to, reflects or otherwise discusses any information designated 28 "Confidential" hereunder) may not be disclosed other than in accordance with this Order and may 24884622.2 or pleading given "Confidential" treatment under this Order, and any -2- Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 3 of 10 1 not be disclosed to any person other than: (a) the Court and its officers; (b) Parties to this 2 litigation; (c) counsel for the Parties, whether retained outside counsel or in-house counsel and a J employees of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact 4 witnesses subject to a proffer to the Court or a stipulation of the Parties that such witnesses need 5 to know such information; (e) present or former employees of the Producing Party in connection 6 with their depositions in this action (provided that no former employees shall be 7 documents prepared after the date of his or her departure); and (f) experts specifically retained as 8 consultants or expeft witnesses in connection with this litigation. 6. 9 shown Documents produced pursuant to this Order shall not be made available to any 10 person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to 11 be bound by its terms, and signed the attached Declaration of Compliance. a lrr I dl fjl CJ :^ õö i; 13 ia I (i.3 l4 Þr i Ë¡;: )=a"ú¿? q2 | >-ú":.i lfr:tÉ - o-r I Ea. - I 9( E" õt 7. T2 : y All persons receiving any or all documents produced pursuant to this Order shall be advised of their confidential nature. All persons to whom confidential information and/or documents are disclosed are hereby enjoined from disclosing same to any person except as 15 provided herein, and are fuither enjoined from using same except in the preparation for and trial 16 of the above-captioned action 17 reviewing such confidential documents, information or transcript shall disseminate or disclose 18 them I9 specified, and in no event shall such person make any other use of such document or transcript. 20 21 22 between the named Parties thereto. No person receiving or to any person other than those described 8. above in Paragraph 5 and for the purposes Nothing in this Order shall prevent a Party from using attrial any information or materials designated "Confidential." 9. This Order has been agreed to by the Parties to facilitate discovery and the ¿J production of relevant evidence in this action. Neither the entry of this Order, nor the designation 24 of any information, docurnent, or the like as "Confidential," nor the failure to make 25 designation, shall constitute evidence with respect to any issue in this action. 26 10. such Within sixty (60) days after the final termination of this litigation, all documents, 27 transcripts, or other materials afforded confidential treatment pursuant to this Order, including 28 any extracts, summaries or compilations taken therefrom, but excluding any materials which in 248846222 -3- Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 4 of 10 1 the good faith judgment of counsel are work product materials, shall be returned to the Producing 2 Party. J 1 1. In the event that any Party to this litigation disagrees at any point in these 4 proceedings with any designation made under this Protective Order, the Parties shall first try to 5 resolve such dispute in good faith on an informal basis in accordance with Civil Local Rule 26-7. 6 If 7 relief from this Court. During the pendency of any challenge to the designation of a document or 8 information, the designated document 9 "Confidential" subject to the provisions of this Protective Order. 10 the dispute cannot be resolved, the Party objecting to the designation may seek appropriate 12. or information shall continue to be treated as Nothing herein shall affect or restrict the rights of any Party with respect to its own 11 t2 ti t- = c-) lr 1Ø9 lio docurnents or to the information obtained or developed independently of documents, transcripts and materials afforded confidential treatment pursuant to this Order. 13 Ê I qiis rIdli I4 ,z = a'ÊzP 15 r > þ;.¡ I l; -É3 tE-sâ I É I ð' 16 (/) rf 13. The Court retains the right to allow disclosure of any subject covered by this stipulation or to rnodify this stipulation at any time in the interest ofjustice. 14. Clawback of Privileged Information: In the event that any Party (the "Discloser") produces material or documents without intending to waive a claim of privilege, the Discloser if, within a reasonable amount of time after the Discloser t7 does not waive any claim of privilege 18 actually discovers that such material or documents were produced, the Discloser notifies all other I9 Parties (the "Recipient(s)") 20 material or documents produced and stating the privilege asserted. Mere failure to diligently 2t screen documents before producing thern does not waive a claim of privilege. 22 If the Discloser of the inadvertent assefts that disclosure of privileged items, identifying the it inadvertently produced privileged items in accordance with ¿J this Clawback Agreernent, the Recipient(s) must retum the specified material or documents and 24 any copies within ten (10) days of the notification. The Recipierf(s) must further permanently 25 destroy any electronic copies of such specified material or documents and afhrm in writing to 26 counsel for the Discloser of such destruction. 27 28 In the event that the Recipient(s) contends the documents are not subject to privilege as asserted by the Discloser 248846222 in accordance with this Clawback Agreement, the Recipient(s) may, -4- Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 5 of 10 1 following the return and destruction described above, challenge the privilege claim through 2 Motion to Compel or other pleading with the District Court in which the litigation is currently a J pending. The Parties agree that any review of items subject to this Clawback Agreement by the 4 judge shall be an in camera review. a 5 Should the Recipient(s) not challenge the Discloser's claim of privilege, or should the 6 presiding judge determine that the documents are in fact subject to privilege, the documents, or 7 information contained therein or derived therefrom, may not be used in the litigation or against 8 the Discloser in any future litigation or arbitration brought by the Recipient(s). Nothing contained 9 within this Clawback Agreement shall be deemed to waive any objection that any Party may wish 10 11 z l-rr q.)l ol ) io yz? 4) t *-: i:: | 5f fÉ Materials. In the event the 13 Discloser does not waive any claim of confidentiality it within a reasonable amount of time after the Discloser actually discovers that such material or documents were produced without the =,- -.1 ãlrì lr Post-Production Designation of Confidential Discloser produces material or documents intending them to be designated "Confidential," the i: I rìl -B zr . Ë¡!ì t4 ! 15. l2 y ;ô to asseft under applicable state or federal law. I t-) ^M; UDI i 15 "Confidential" designation, the Discloser notifies all Recipient(s) of the inadvertent disclosure of I6 confidential items, identifying the material or documents produced and stating the produced t7 documents were inadvertently not marked as "Confidential." Mere failure to diligently screen 18 documents before producing them does not waive a claim of confidentiality. t9 If the Discloser asserts that it inadvertently produced conf,rdential documents not marked 20 as "Conf,tdential," the Recipient(s) must return the specified material or documents and any 2l copies within ten (10) days of the notification. V/ithin ten (10) days of receipt of the retumed 22 specified material or documents, the Discloser must mark tl-re specified material or documents 23 "Confidential" and re-serve them on the Recipient(s). Upon re-receipt of specified material or 24 documents now marked "Confidential," the Recipient(s) must further permanently destroy any 25 26 27 28 24884622.2 -5- as Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 6 of 10 1 electronic copies of such specified material or documents that were inadvertently not marked 2 "Confidential" and affrrm in writing to counsel for the Discloser of such destruction. a J 4 DATED this 23rd day of September 2016. HAINES & KRIEGER, LLC SNELL & WILMER, LLP 5 6 7 8 9 By : /s/ Matthew Knepper Matthew Knepper Knepper & Clark LLC 10040 W. Cheyenne Ave. Las Vegas, Nevada 89129 Telephone : (7 02) 825 -60 60 Facsimile: (7 02) 447 -8048 Attorneys þr Plaintdf Willie lI/inters, Jr. By : /s/ Bob L. Olson Bob L. Olson Snell & Wilmer LLP 3883 Floward Hughes Parkway, Suite 1100 Las Vegas, NV 89169 Telephone: (702) 784-5200 Facsimile: (7 02) I 84-5252 Attorneys þr Defendant Experian Information Solutions, Inc. 10 1l a t2 L q)l = ;^ Øe Cl {jl i; o ': l;i] 13 È I3Ë€i t4 ' J r -vz? fuf By : /s/ Gina Mushmeche Gina Mustuneche 8985 S. Eastern Avenue, Suite 200 Las Vegas, Nevada 89123 Telephone: (7 02) 3 62-6666 Facsimile : (7 02) 3 62-2203 Attorneys for Defendant AFNI, Inc. _- J io 4) t >þ ¿", 15 |<i-üR -olaa Él ir t6 UDI ; ORDER IT IS SO ORDERED. I7 U.S. DISTRICT COURT JUDGE MAGISTRATE 18 September 27, 2016 DATED this day of 19 20 2I 22 z) 24 25 26 27 28 24884622.2 6 2016. Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 7 of 10 CERTIFICATE OF SERVICE 1 I 2 hereby certify that on September 23, 2016, I electronically filed the foregoing a J STIPULATED PROTECTIVE ORDER with the Clerk of Court for the U.S. District Court, 4 District of Nevada by using the Court's CM/ECF system. Participants in the case who 5 registered CM/ECF users will be served by the CM/ECF system. I further certify that I have mailed 6 7 the foregoing document by First-Class Mail, postage fully prepaid, to the following: 8 Prime Acceptance C orporation c/o Incorp Services, Inc. 3773 Howard Hughes Parkway, Suite 5003 Las Vegas, NV 89169 9 10 Equifax Infonnation Services LLC c/o CSC Services of Nevada,Inc. 2215-B Renaissance Dr. Las Vegas, NV 89119 11 Ò a tr DATED this 23rd day of September 2016 13 c..) tr t2 Q,u t- >a l3 3 r- t4 jå õr-¿^ c') H U) rBÉ 15 Í I6 t> l= ãi lILoH- An Emplo/ee of Snell & Wilmer L.L,P _- ,z I7 18 I9 20 2l 22 23 24 25 26 27 28 24884622 2 are Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 8 of 10 Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 9 of 10 I EXHIBIT A 2 DECLARATION OF COMPLIANCE follows J I, 4 1, My address is 5 ) My present employer 6 J. My present occupation 7 4 I have received a copy of the Stipulated Protective Order entered in this action on rs or job description is 20 8 5. I have carefully read and understand the provisions of this Stipulated Protective 6. 7. 9 10 , declare as I will comply with all provisions of this Stipulated Protective Order. Order. 11 l2 I will hold in confidence, and will not disclose to anyone not qualified under the 13 Stipulated Protective Order, any information, documents or other materials produced subject to t4 this Stipulated Protective Order. 8. 15 16 I will use such information, documents or other materials produced subject to this Stipulated Protective Order only for purposes of this present action. 9. 17 Upon termination of this action, or upon request, I will return and deliver all 18 informatiorr, documents or other materials produced subject to this Stipulated Protective Order, l9 and all documents or things which I have prepared relating to the information, documents or other 20 materials that are subject to the Stipulated Protective Order, to my counsel in this action, or to 2I counsel for the party by whom I am employed or retained ol from whom I received the 22 documents. 10. 23 24 I hereby submit to the jurisdiction of this Court for the purposes of enforcing the Stipulated Protective Order in this action. 25 26 27 28 24884622 2 Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 10 of 10 I declare under penalty of perjury under the laws of the United 1 2 States that the true and correct. Executed this J _ day of 2016 at 4 QUALIFIED PERSON 5 6 7 8 9 10 11 t2 13 I4 15 I6 r7 l8 t9 20 2I 22 23 24 25 26 27 28 24884622.2 2 following is

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