Randall v. Coast To Coast Financial Solutions, Inc. et al

Filing 20

ORDER Granting 19 Stipulated Protective Order. Signed by Magistrate Judge Peggy A. Leen on 12/15/16. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-01653-JAD-PAL Document 19 Filed 12/14/16 Page 1 of 9

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Bob L. Olson, Esq.
Nevada Bar No. 3783
Joshua D. Cools
Nevada Bar No. ll94l
Charles E. Gianelloni, Esq.
Nevada Bar No. 12747
V.R. Bohman, Esq.
Nevada Bar No. 13075
SNELL & WILMER I,.I,.p.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
cgianelloni@swlaw. com
[e-mail]
Attorneys þr Defendant
Exper ian Information Solutions, Inc.

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GARRY W. RANDALL,
Plaintiff,

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No. 2:16-cv -01653 -JAD-PAL

STIPULATED PROTECTIVE ORDER
Complaint filed: July 13,2016

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COAST TO COAST FINANCIAL
SOLUTIONS, INC.; NAVY FEDERAL
CREDIT UNION; EQUIFAX
INFORMATION SERVICES LLC;
EXPERIAN INFORMATION SOLUTIONS,
INC.;
Defendants.

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IT IS HEREBY STIPULATED by and between Plaintiff Garry V/. Randall ("Plaintiff')

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and Defendant Experian Information Solutions, Inc.

LLC ("Experian," and together with Plaintiff

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the "Parties"), through their respective attorneys of record, as follows:
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V/HEREAS, 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, andlor
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personal income, credit and other conf,rdential information of Plaintiff.
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Case 2:16-cv-01653-JAD-PAL Document 19 Filed 12/14/16 Page 2 of 9

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 hling 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 i s desi gnated, "C onfidential.

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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

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

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such papers shall designate such materials, or portions thereof, as "Conflrdential," and shall

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All

seal must comply

documents, transcripts,

with the requirements 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

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this Order.

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5.

of

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

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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

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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

or pleading given "Confidential" treatment under this Order, and any

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Case 2:16-cv-01653-JAD-PAL Document 19 Filed 12/14/16 Page 3 of 9

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not be disclosed to any person other than: (a) the Court and its offlrcers; (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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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
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

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be advised of their confidential nature.

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

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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

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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

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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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All persons to whom

confidential information andlor
as

between the named Parties thereto. No person receiving or

in Paragraph 5 and for the purposes

Nothing in this Order shall prevent a Party from using at trial 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, document, 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.

10.

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such

V/ithin 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-01653-JAD-PAL Document 19 Filed 12/14/16 Page 4 of 9

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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.

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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and materials afforded confidential treatment pursuant to this Order.

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

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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 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

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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 them does not waive a claim of privilege.

If the Discloser

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if, within

a reasonable amount

of time after the Discloser

of the inadvertent disclosure of privileged items, identifying

asserts that

the

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.

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

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asserted by the Discloser

in accordance with this Clawback Agreement, the Recipient(s) may,
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Case 2:16-cv-01653-JAD-PAL Document 19 Filed 12/14/16 Page 5 of 9

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following the retum 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 anin camerarcview.

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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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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

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of confidentiality if, within a reasonable amount of time after the

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 conflrdentiality.

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If the Discloser

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asserts that

it inadvertently produced confidential

documents not marked

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as "Confidential," the Recipient(s) must retum the specified material or documents and any

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copies within ten (10) days of the notihcation. 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

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"Conf,tdential" and re-serve them on the Recipient(s). Upon re-receipt of specihed 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-01653-JAD-PAL Document 19 Filed 12/14/16 Page 6 of 9

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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 14th day of December 2016.

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KNEPPER & CLARK LLC

SNELL & V/ILMER T.I.p

By:

By:

Knepper

/s/ Matthew I.
Matthew I. Knepper (NV Bar No. 12796)
Miles N. Clark (NV Bar No. 13848)
10040 V/est Cheyenne Avenue
Las Vegas, Nevada 89129
Telephone : [phone]
Facsimile : (7 02) 447 -8048

David H. Krieger (NV Bar No. 9086)
HAINES & KRIEGER, LLC
8985 South Eastern Avenue, Suite 350
Henderson, NV 89123
Telephone: [phone]
Facsimile: (702) 383-55 1 8

/s/ Joshua D. Cools
Bob L. Olson (NV Bar No. 3783)
Joshua D, Cools (NV Bar No. I1941)
Charles E. Gianelloni (NV Bar No. 12747)
V.R. Bohman (NV BarNo. 13075)
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]

Attorneys for Defendant Experian Information
Solutions, Inc.

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Attorneysfor Plaintiff Garuy 14. Randall

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ORDER

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IT IS SO ORDERED.

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U.S. DISTRICT COURT JUDGE
UNITED STATES MAGISTRATE JUDGE

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DATED this 15th day
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of December,

2016.

Case 2:16-cv-01653-JAD-PAL Document 19 Filed 12/14/16 Page 7 of 9

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EXHIBIT A

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DECLARATION OF COMPLIANCE

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My address is

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My present employer is

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My present occupation or job description is

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I have received a copy of the Stipulated Protective Order entered in this action on

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I have carefully read and understand the provisions of this Stipulated Protective

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I will comply with all provisions of this Stipulated Protective Order.

Order.

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follows:

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, declare as

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I will hold in confidence, and will not disclose to anyone not qualif,red 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.

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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.

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Upon termination of this action, or upon request, I will return and deliver all

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information, 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 or from whom I received the

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documents.

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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-01653-JAD-PAL Document 19 Filed 12/14/16 Page 8 of 9

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I declare under penalty of perjury under the laws of the United

States that the

true and correct.
Executed this

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day

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of

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QUALIFIED PERSON

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following is

Case 2:16-cv-01653-JAD-PAL Document 19 Filed 12/14/16 Page 9 of 9

CERTIF'ICATE OF' SERVICE

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hereby certify that on December 14, 2016,

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electronically flrled the foregoing

STIPULATED PROTECTM ORDER with the Clerk of Court for the U.S. District Court,
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District of Nevada by using the Court's CM/ECF system. Participants in the case who

are

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registered CM/ECF users will be served by the CM/ECF system.
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I further certify that I have

mailed the foregoing document by First-Class Mail, postage

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fully prepaid, to the following:
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Coast to Coast Financial Solutions, Inc.

c/o CSC Services of Nevada, Inc., Registered Agent
5 -B Renaissance Drive
Las Vegas, NV 89119

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DATED this 14th day of December 2016.

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Snell & Wilmer L.L.P.

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