Winters Jr. v. AFNI, Inc. et al
Filing
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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)
Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 1 of 10
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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.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Plaintiff,
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WILLIE R. V/INTERS JR.,
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Case No. 2:16-cv-0150
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-JCM-CWH
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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.,
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Defendants
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IT IS HEREBY STIPULATED by and between Plaintiff Willie R. Winter,
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Jr.
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("Plaintiffl'), Defendant AFNI, Inc. ("AFNI"), and Defendant Experian Information Solutions,
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Inc. ("Experian," and together with Plaintiff and AFNI, the "Parties"), through their respective
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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 resealch,
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development, technology or other proprietary information belonging to the defendants, andlor
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personal income, credit and other confidential information of Plaintiff.
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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
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and hereby is made by this Court on the following terms:
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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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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 confi dential treatmerf is designated, "Confi dential."
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To the extent any motions, briefs, pleadings, deposition transcripts, or other papers
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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
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file them with the clerk under seal; provided, however, that a copy of such filing having
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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
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such papers shall designate such materials, or portions thereof, as "Confidential," and shall
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All
seal must comply
documents, transcripts,
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with the requilernents of Civil Local Rule IA 10-5.
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
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documeff or portions of a document as "Confidential," or pursuant to prior Order after notice, any
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document, transcript
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information contained in, or derived from any such materials (including but not limited to, all
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deposition testirnony 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
24884622.2
or pleading given "Confidential" treatment under this Order, and any
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Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 3 of 10
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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
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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 expeft witnesses in connection with this litigation.
6.
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shown
Documents produced pursuant to this Order shall not be made available to any
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person designated in Subparagraph 5(f) unless he or she shall have first read this Order, agreed to
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be bound by its terms, and signed the attached Declaration of Compliance.
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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
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provided herein, and are fuither enjoined from using same except in the preparation for and trial
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of the above-captioned action
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reviewing such confidential documents, information or transcript shall disseminate or disclose
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them
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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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between the named Parties thereto. No person receiving or
to any person other than those described
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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."
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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, docurnent, or the like as "Confidential," nor the failure to make
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designation, shall constitute evidence with respect to any issue in this action.
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10.
such
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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Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 4 of 10
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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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1. 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
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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
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"Confidential" subject to the provisions of this Protective Order.
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the dispute cannot be resolved, the Party objecting to the designation may seek appropriate
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or
information shall continue
to be treated as
Nothing herein shall affect or restrict the rights of any Party with respect to its own
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docurnents or to the information obtained or developed independently of documents, 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
stipulation or to rnodify this stipulation at any time in the interest ofjustice.
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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
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does not waive any claim of privilege
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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)")
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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 thern does not waive a claim of privilege.
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If the Discloser
of the inadvertent
assefts that
disclosure
of privileged items, identifying
the
it inadvertently produced privileged items in accordance with
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this Clawback Agreernent, the Recipient(s) must retum the specified material or documents and
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any copies within ten (10) days of the notification. The Recipierf(s) must further permanently
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destroy any electronic copies of such specified material or documents and afhrm 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
asserted by the Discloser
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in accordance with this Clawback Agreement, the Recipient(s) may,
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Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 5 of 10
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following the return and destruction described above, challenge the privilege claim through
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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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Materials. In the event
the
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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
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Post-Production Designation of Confidential
Discloser produces material or documents intending them to be designated "Confidential," the
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to asseft under applicable state or federal law.
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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 conf,rdential documents not marked
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as "Conf,tdential," the Recipient(s) must return the specified material or documents and any
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copies within ten (10) days of the notification. V/ithin ten (10) days of receipt of the retumed
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specified material or documents, the Discloser must mark tl-re specified material or documents
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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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Case 2:16-cv-01501-JCM-CWH Document 19 Filed 09/23/16 Page 6 of 10
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electronic copies of such specified material or documents that were inadvertently not marked
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"Confidential" and affrrm in writing to counsel for the Discloser of such destruction.
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DATED this 23rd day of September 2016.
HAINES & KRIEGER,
LLC
SNELL & WILMER, LLP
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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.
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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.
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An Emplo/ee of Snell & Wilmer L.L,P
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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
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EXHIBIT A
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DECLARATION OF COMPLIANCE
follows
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1,
My address is
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My present employer
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My present occupation
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I have received a copy of the Stipulated Protective Order entered in this action on
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or
job description is
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5.
I have carefully read and understand the provisions of this Stipulated Protective
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, declare as
I will comply with all provisions of this Stipulated Protective Order.
Order.
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I will hold in confidence, and will not disclose to anyone not qualified under the
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Stipulated Protective Order, any information, documents or other materials produced subject to
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this Stipulated Protective Order.
8.
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I will use such information, documents or other materials produced subject to this
Stipulated Protective Order only for purposes of this present action.
9.
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Upon termination of this action, or upon request, I will return and deliver all
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informatiorr, documents or other materials produced subject to this Stipulated Protective Order,
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and all documents or things which I have prepared relating to the information, documents or other
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materials that are subject to the Stipulated Protective Order, to my counsel in this action, or to
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counsel for the party by whom I am employed or retained ol from whom I received the
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documents.
10.
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I hereby submit to the jurisdiction of this Court for the purposes of enforcing the
Stipulated Protective Order in this action.
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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
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States that the
true and correct.
Executed this
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day
of
2016 at
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QUALIFIED PERSON
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24884622.2
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following is
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