Cardinali v. Plusfour, Inc. et al
Filing
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STIPULATED PROTECTIVE ORDER Granting 33 Stipulation for Protective Order. Signed by Magistrate Judge Nancy J. Koppe on 1/4/17. (Copies have been distributed pursuant to the NEF - MMM)
Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 1 of 7
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Jennifer L. Braster
Nevada Bar No. 9982
MAUPIN • NAYLOR • BRASTER
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
(T) (702) 420-7000
(F) (702) 420-7001
jbraster@naylorandbrasterlaw.com
Attorneys for Defendant
Experian Information Solutions, Inc.
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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LOUIS A. CARDINALI,
Case No. 2:16-cv-02046-JAD-NJK
Plaintiff,
[PROPOSED] STIPULATED PROTECTIVE
ORDER
v.
PLUSFOUR, INC; RC WILLEY HOME
FURNISHINGS; WEBBANK/DELL
FINANCIAL SERVICES; EQUIFAX
INFORMATION SERVICES, LLC;
EXPERIAN INFORMATION
SOLUTIONS, INC.,
Defendants.
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IT IS HEREBY STIPULATED by and between Louis A. Cardinali (“Plaintiff”) and
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Experian Information Solutions, Inc. (“Experian”) (collectively, “the Parties”) through their
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respective 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 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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MAUPIN • NAYLOR • BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
(702) 420-7000
THEREFORE, an Order of this Court protecting such confidential information shall be and
hereby is made by this Court on the following terms:
Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 2 of 7
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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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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
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papers to
See order issued be filed with the Court incorporate documents or information subject to this Order, the
concurrently herewith
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party filing such papers shall designate such materials, or portions thereof, as “Confidential,” and
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shall 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 Local Rules.
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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, deposition, or
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otherwise, that refers, reflects or otherwise discusses any information designated Confidential
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hereunder), shall not be used, directly or indirectly, by any person, including Plaintiff and
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Experian 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,
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any 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, 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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MAUPIN • NAYLOR • BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
(702) 420-7000
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Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 3 of 7
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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 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
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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
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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. No person receiving or
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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.
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
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designation of any information, document, or the like as “Confidential,” nor the failure to make
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such 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,
transcripts, or other materials afforded confidential treatment pursuant to this Order, including
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MAUPIN • NAYLOR • BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
(702) 420-7000
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Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 4 of 7
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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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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. If the dispute cannot be resolved, the
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party objecting to the designation may seek appropriate relief from this Court. During the
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pendency of any challenge to the designation of a document or information, the designated
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document or information shall continue to be treated as “Confidential” subject to the provisions
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of this Protective Order.
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Nothing herein shall affect or restrict the rights of any party with respect to its
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own documents or to the information obtained or developed independently of documents,
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transcripts and materials afforded confidential treatment pursuant to this Order.
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MAUPIN • NAYLOR • BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
(702) 420-7000
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Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 5 of 7
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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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Dated: January 3, 2017.
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MAUPIN • NAYLOR • BRASTER
KNEPPER & CLARK, LLC
By: /s/ Jennifer L. Braster
Jennifer L. Braster
Nevada Bar No. 9982
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
By: /s/ Matthew I. Knepper
Matthew I. Knepper (NBN 12796)
Miles N. Clark (NBN 13848)
10040 W. Cheyenne Ave., Suite 170-109
Las Vegas, NV 89129
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David H. Krieger
Nevada Bar No. 9086
HAINES & KRIEGER, LLC
8985 S. Eastern Avenue, Suite 350
Henderson, NV 89123
Attorneys for Defendant Experian
Information Solutions, Inc.
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Attorneys for Plaintiff
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ORDER
IT IS SO ORDERED.
January 4, 2017
Dated: __________, _____
UNITED STATES MAGISTRATE JUDGE
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MAUPIN • NAYLOR • BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
(702) 420-7000
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Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 6 of 7
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EXHIBIT A
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DECLARATION OF COMPLIANCE
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I, _____________________________________, declare as follows:
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1.
My address is ________________________________________________.
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2.
My present employer is ________________________________________.
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3.
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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_______________, 20___.
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5.
I have carefully read and understand the provisions of this Stipulated Protective
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6.
I will comply with all provisions of this Stipulated Protective Order.
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7.
I will hold in confidence, and will not disclose to anyone not qualified under the
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Order.
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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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8.
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 documents.
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10.
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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MAUPIN • NAYLOR • BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
(702) 420-7000
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Case 2:16-cv-02046-JAD-NJK Document 33 Filed 01/03/17 Page 7 of 7
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I declare under penalty of perjury under the laws of the United States that the following is
true and correct.
Executed this ____ day of _____________, 2016 at __________________.
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_______________________________
QUALIFIED PERSON
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MAUPIN • NAYLOR • BRASTER
ATTORNEYS AT LAW
1050 Indigo Drive, Suite 200
Las Vegas, NV 89145
(702) 420-7000
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