Ponder v. Drivetime Automotive Group, Inc.

Filing 15

ORDER Granting 14 Stipulated Order to Protect Private and Other Confidential Information, as amended on page 5. Signed by Magistrate Judge Nancy J. Koppe on 2/6/17. (Copies have been distributed pursuant to the NEF - ADR)

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Case 2:16-cv-01573-JCM-NJK Document 14 Filed 02/03/17 Page 1 of 8 1 Justin A. Shiroff Nevada Bar No. 12869 2 BALLARD SPAHR LLP 100 North City Parkway, Suite 1750 3 Las Vegas, Nevada 89106-4617 Telephone: 702.471.7000 4 Facsimile: 702.471.7070 shiroffj@ballardspahr.com 5 Attorneys for Defendant 6 DriveTime Automotive Group, Inc. 7 Of Counsel Las Vegas, Nevada 89106-4617 702.471.7000 FAX 702.471.7070 BALLARD SPAHR LLP 100 North City Parkway, Suite 1750 8 Martin C. Bryce, Jr. bryce@ballardspahr.com 9 Jenny N. Perkins perkinsj@ballardspahr.com 10 BALLARD SPAHR LLP 1735 Market Street, 51st Floor 11 Philadelphia, PA 19103 Telephone: 215.864.8238 12 13 UNITED STATES DISTRICT COURT 14 15 16 17 18 DISTRICT OF NEVADA MARGO PONDER, Plaintiff, v. DRIVETIME AUTOMOTIVE GROUP, 19 INC., D/B/A DRIVETIME, 20 Defendant. 21 22 23 24 25 26 27 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2:16-cv-01573-JCM-NJK STIPULATED ORDER TO PROTECT PRIVATE AND OTHER CONFIDENTIAL INFORMATION as amended on p. 5 Pursuant to Fed. R. Civ. P. 26(c) and the parties’ stipulation, the Court enters the following protective order: WHEREAS, Plaintiff Margo Ponder (“Plaintiff”) and Defendant DriveTime Automotive Group, Inc. (“DriveTime”), are parties in the above-captioned action; and 28 DMEAST #28228524 v2 Case 2:16-cv-01573-JCM-NJK Document 14 Filed 02/03/17 Page 2 of 8 1 WHEREAS, certain materials and information likely to be disclosed during the 2 pendency of this case or as part of discovery may contain private information, 3 information related to third parties and/or may contain confidential, proprietary, 4 and/or trade secret information; and 5 WHEREAS, the parties wish to ensure that any such private or confidential 6 information shall not be used for any purpose other than the above-captioned action 7 and only as permitted by this Stipulated Order to Protect Private and Other 8 Confidential Information (the “Confidentiality Order”); and 9 WHEREAS, each of the parties recognizes that use, disclosure or 10 dissemination of such information other than as expressly permitted herein may 11 cause harm to private individuals or to the entity to which the information belongs Las Vegas, Nevada 89106-4617 702.471.7000 FAX 702.471.7070 BALLARD SPAHR LLP 100 North City Parkway, Suite 1750 12 and each of the parties represents that it has no intention to use any private or 13 confidential information obtained from the other for any purpose other than the 14 above-captioned action and any judicial review thereof; 15 WHEREAS, the court has considered the parties’ Stipulated Motion for 16 Protective Order, and, good cause appearing; 17 IT IS HEREBY ORDERED: 18 1. This Confidentiality Order governs the handling of documents, 19 responses to document requests, interrogatories, requests for admissions, or other 20 information requests, deposition testimony, and other written, recorded, graphic, or 21 other matter produced in the above-captioned action (“Discovery Material”), which 22 has been designated as “Confidential” by any party. Discovery Material which has 23 been designated as “Confidential” and/or information derived from Discovery 24 Material which has been designated “Confidential” is referred to herein as 25 “Confidential Material.” 26 2. Confidential Material shall be used only for the prosecution and/or 27 defense of this action or any appeal therefrom, and for no other purposes whatsoever. 28 3. Under no circumstances, other than those specifically provided for in DMEAST #28228524 v2 2 Case 2:16-cv-01573-JCM-NJK Document 14 Filed 02/03/17 Page 3 of 8 1 this Confidentiality Order, as otherwise required by law, or with the express and 2 specific consent in writing of the party or third party, which produced the 3 Confidential Material (the “Producing Party”) shall a party receiving Confidential 4 Material (the “Receiving Party”) in any way whatsoever reveal, disclose or otherwise 5 make known Confidential Material to any person other than the following: 6 a. the Receiving Party or any officer, director, employee, agent, or legal 7 partner of a Receiving Party (or a parent, subsidiary or affiliate of 8 that Receiving Party); 9 b. counsel of record in this action for the Receiving Party and employees of such counsel assisting in the conduct of this action; 10 11 c. expert witnesses, provided such expert witnesses first agree in Las Vegas, Nevada 89106-4617 702.471.7000 FAX 702.471.7070 BALLARD SPAHR LLP 100 North City Parkway, Suite 1750 12 writing in the form attached hereto as Exhibit A to be bound by the 13 terms of this Confidentiality Order and confirm that they have read 14 the Confidentiality Order in its entirety; 15 d. witnesses at a deposition or trial. Any witness at a deposition may 16 be asked to be bound by this Confidentiality Order, but any refusal 17 to be bound will not preclude Receiving Party from using 18 Confidential Material although any such witness shall not be allowed 19 to keep any exhibits that are designated Confidential. Any request 20 to designate any Confidential Materials Confidential for trial must 21 be brought by separate motion; 22 e. prospective third party witnesses from whom the Receiving Party, in 23 good faith, intends to elicit testimony relating to such Confidential 24 Material, affidavit form, provided such anticipated witnesses first 25 agree in writing in the form attached hereto as Exhibit A to be bound 26 by the terms of this Confidentiality Order and confirm that they 27 have read the Confidentiality Order in its entirety; 28 f. the personnel of the Court in which this action has been filed in the DMEAST #28228524 v2 3 Case 2:16-cv-01573-JCM-NJK Document 14 Filed 02/03/17 Page 4 of 8 ordinary course of this action; and 1 g. court reporters who record testimony taken in the course of this 2 litigation. 3 4 4. A Producing Party, including any third parties, may designate 5 Discovery Material as “Confidential” if such party believes that the Discovery 6 Material constitutes or would disclose private, confidential or proprietary 7 information within the following categories of information: (a) personal or private 8 information of consumers or employees not parties to this action; (b) previously non9 public financial or business information relating to the business or financial 10 performance of the Defendant; (c) previously non-public business plans, policies and 11 procedures, product development information, marketing plans, contracts or Las Vegas, Nevada 89106-4617 702.471.7000 FAX 702.471.7070 BALLARD SPAHR LLP 100 North City Parkway, Suite 1750 12 commercial communications with third parties, or any trade secret; (d) information of 13 a personal or intimate nature regarding any individual; or (e) any other category of 14 information hereinafter given confidential status by the Court. Discovery Material 15 may be designated “Confidential” by placing the legend “Confidential” on each page 16 prior to production. Deposition testimony may be designated as “Confidential” by 17 providing notice at the deposition or as soon as practicable thereafter that specified 18 portions of the deposition testimony shall be treated as Confidential Material. 19 5. An inadvertent failure to designate any Discovery Material as “Confidential” 20 pursuant to Paragraph 4 may be corrected by written notice to the Receiving Party given as 21 soon as practicable. However, such written notice shall not prejudice the right of the 22 Receiving Party to treat the Discovery Material as non-confidential during the period in 23 which it was not designated as “Confidential” pursuant to this Confidentiality Order. 24 6. Any party who objects to any designation of confidentiality may at any time 25 prior to the trial of this action serve upon counsel for the designating party a written notice 26 stating with particularity the grounds of the objection or request. If agreement cannot be 27 reached after counsel has conferred in person or via telephone, the producing party must 28 seek relief by contacting the Court and following the procedures set forth for resolving DMEAST #28228524 v2 4 Case 2:16-cv-01573-JCM-NJK Document 14 Filed 02/03/17 Page 5 of 8 1 discovery disputes as set forth in the Court’s individual rules, the Local Rules and Fed. R. 2 Civ. P. 26(c). Confidential Material shall remain confidential under this Confidentiality 3 Order until otherwise ordered by the Court. 4 7. Third parties who have received or who shall produce Confidential Information 5 shall be permitted to invoke the terms of this Confidentiality Order for protection of their 6 Confidential Materials as if they were a party. 7 8. Nothing in this Confidentiality Order shall prevent any party from seeking or 8 requiring confidentiality protections beyond those called for in this Confidentiality Order or 9 from seeking modification to this Confidentiality Order. 10 9. This Confidentiality Order may be executed by counsel for the parties hereto, 11 or the parties themselves, in separate counterparts, each of which when so executed and Las Vegas, Nevada 89106-4617 702.471.7000 FAX 702.471.7070 BALLARD SPAHR LLP 100 North City Parkway, Suite 1750 12 delivered shall be an original but all such counterparts together shall constitute one and the 13 same instrument. 14 10. The parties acknowledge that LR IA 10-5 governs the filing of documents 15 under seal with the Court, and agree that to the extent they file with the Court documents 16 containing Confidential Material, they shall file those documents under seal subject to the 17 procedures set forth in LR IA 10-5. 18 11. Within ninety (90) calendar days after final termination of this action, each 19 party shall assemble all documents and things furnished and designated by any other party 20 or non-party as Confidential Material, and all copies, summaries and abstracts thereof, and 21 shall either (a) return the documents and things to the Producing Party, or (b) destroy the 22 documents and things. Electronically stored Confidential Material will be deemed destroyed 23 if, within the 90-day period, the Receiving Party has taken steps to ensure that the data 24 destruction policy for the backup media will result in the eventual destruction or overwriting 25 of the electronically stored information. Notwithstanding this provision, counsel are entitled 26 to retain one archival copy of the following materials, even if they contain Confidential 27 Material: (a) all documents filed with the Court; (b) trial, deposition and hearing transcripts; 28 (c) trial, deposition and hearing exhibits; (d) expert reports; (e) consultant and expert work DMEAST #28228524 v2 5 Case 2:16-cv-01573-JCM-NJK Document 14 Filed 02/03/17 Page 6 of 8 1 product; (f) correspondence; and (g) attorney work product. These archival copies will 2 continue to be subject to the terms of this Protective Order for as long as they are 3 maintained. If a party elects to destroy the documents, a Certificate of Destruction shall be 4 served on all parties within ninety (90) calendar days of final termination of this action. 5 Dated: February 3, 2017 February 3, 2017 6 /s/Justin A. Shiroff Ballard Spahr LLP 7 100 North City Parkway, Suite 1750 Las Vegas, NV 89106 8 /s/ David H. Krieger David H. Krieger 8985 South Eastern Avenue, Suite 350 Las Vegas, NV 89123 Attorneys for Defendant Attorneys for Plaintiff MARGO PONDER 9 DRIVETIME AUTOMOTIVE GROUP, 10 INC. d/b/a DRIVETIME ORDER 11 Las Vegas, Nevada 89106-4617 702.471.7000 FAX 702.471.7070 BALLARD SPAHR LLP 100 North City Parkway, Suite 1750 12 13 IT IS SO ORDERED: 14 U.S. Magistrate Judge 15 February 6, 2017 Dated: ________________________ 16 17 18 19 20 21 22 23 24 25 26 27 28 DMEAST #28228524 v2 6 Case 2:16-cv-01573-JCM-NJK Document 14 Filed 02/03/17 Page 7 of 8 1 EXHIBIT A 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 MARGO PONDER, Plaintiff, 10 Las Vegas, Nevada 89106-4617 702.471.7000 FAX 702.471.7070 BALLARD SPAHR LLP 100 North City Parkway, Suite 1750 11 v. 12 DRIVETIME AUTOMOTIVE GROUP, INC., D/B/A DRIVETIME, 13 Defendant. 14 15 16 17 18 ) CASE NO. 2:16-cv-01573-JCM-NJK ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) AGREEMENT TO BE BOUND BY CONFIDENTIALITY ORDER 19 20 21 I, ____________________________, declare and say that: 1. My address is ____________________________________________________ 22 ____________________________________________________________________________. 23 2. I have received a copy of and have carefully read the Confidentiality Order entered 24 25 26 in Ponder vs. DriveTime Automotive Group Inc., 2:16-cv-01573. 3. I promise that I will comply with all of the provisions of the Confidentiality Order. 27 28 DMEAST #28228524 v2 Case 2:16-cv-01573-JCM-NJK Document 14 Filed 02/03/17 Page 8 of 8 1 4. I promise that I will use any and all “Confidential” information, as defined in the 2 Confidentiality Order, given to me only in a manner authorized by the Confidentiality Order, and 3 only to assist counsel in the litigation of this matter. 4 5. 5 6 I promise that I will not disclose or discuss such “Confidential” information with anyone other than the persons described in paragraphs 3 of the Confidentiality Order. 6. 7 I acknowledge that, by signing this agreement, I am subjecting myself to the 8 jurisdiction of the United States District Court for the District of Nevada with respect to 9 enforcement of the Confidentiality Order. 10 11 7. I understand that any disclosure or use of “Confidential” information in any manner contrary to the provisions of the Confidentiality Order may subject me to sanctions for contempt Las Vegas, Nevada 89106-4617 702.471.7000 FAX 702.471.7070 BALLARD SPAHR LLP 100 North City Parkway, Suite 1750 12 13 of court. 8. 14 At the request of counsel for the party by whom I am retained, or from whom I 15 received the “Confidential” information, I will destroy or return all “Confidential” information 16 that comes into my possession, and documents or things that I have prepared relating thereto. 17 I declare under penalty of perjury that the foregoing is true and correct. 18 19 Date: 20 21 22 23 24 25 26 27 28 DMEAST #28228524 v2 2

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