Le v. Bank of America, National Association et al

Filing 22

ORDER Granting 21 Stipulated Protective Order. Signed by Magistrate Judge George Foley, Jr on 3/3/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-02393-RFB-GWF Document 21 Filed 03/02/17 Page 1 of 5

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Bradley T. Austin, Esq.
Nevada State Bar No. 13064
Snell & Wilmer, LLP
3883 Howard Hughes Pkwy, Suite 1100
Las Vegas, NV 89169
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant
Equifax Information Services, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HIEP D. LE,

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nev ada 89169
702.784 .5200

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Case No. 2:16-cv-02393-RFB-GWF
Plaintiff,

vs.

STIPULATED PROTECTIVE ORDER

BANK OF AMERICA, NATIONAL
ASSOCIATION; EQUIFAX INFORMATION
SERVICES, LLC,

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Defendants.

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It is hereby stipulated by and between Plaintiff, Hiep Le (“Plaintiff”), and Defendant,

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Equifax Information Services LLC (“Defendant”), through their respective attorneys of record, as

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follows:

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1.

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 that are designated to be subject to this

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order in accordance with the terms hereof.

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2.

Any party producing or filing documents or other materials in this action may

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designate such materials and the information contained therein subject to this order by typing or

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stamping on the front of the document, or on portion(s) of the document for which confidential

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treatment is desired, “CONFIDENTIAL” if the party has a reasonable and good faith belief the

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material contains a trade secret or other confidential research, development or commercial

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information, or personal or financial information of a consumer other than plaintiff.

Case 2:16-cv-02393-RFB-GWF Document 21 Filed 03/02/17 Page 2 of 5

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3.

All materials designated as CONFIDENTIAL, and all information derived

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therefrom (including but not limited to all testimony, deposition or otherwise, that refers, reflects

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or otherwise discusses any such materials), shall not be used, directly or indirectly, by any person

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for any business, commercial or competitive purposes or for any purpose whatsoever other than

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solely for the preparation and trial of this action in accordance with this Order.

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4.

Except with the prior written consent of the party asserting confidential treatment

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or pursuant to court order, any document or materials given confidential treatment under this

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order, and any information contained in, or derived from, any such materials may not be disclosed

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other than in accordance with this order and may not be disclosed to any person other than the

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court and:

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nev ada 89169
702.784 .5200

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a.

Parties to this litigation;

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b.

Counsel for the respective parties to this litigation and clerks, paralegals,

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secretaries or other employees of counsel;

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c.

d.

Experts specially retained as consultants or expert witnesses in connection

this litigation;

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Witnesses expected to be deposed or to testify in court or by affidavit in

with this litigation.

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5.

Documents produced pursuant to this order shall not be made available to any

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person designated in subparagraph 4(d) unless he or she shall have first read this order and agree

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to be bound by its terms.

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6.

The parties and their attorneys shall take all necessary and proper steps to preserve

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the confidentiality of, and to protect the rights of the party asserting confidential treatment with

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respect to, any information designated by said party as CONFIDENTIAL in accordance with this

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order.

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7.

If CONFIDENTIAL information submitted in accordance with this order is

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disclosed to any person other than in a manner authorized by this order, the party responsible for

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the disclosure must immediately upon learning of the disclosure bring all pertinent facts relating

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to such disclosure to the attention of the party asserting confidential treatment, make every effort
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Case 2:16-cv-02393-RFB-GWF Document 21 Filed 03/02/17 Page 3 of 5

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to prevent further disclosure by the responsible party or by the person who was the recipient of

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such information.

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8.

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Nothing set forth herein prohibits the use in this litigation of any information

designated as CONFIDENTIAL.

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9.

In the event that any party disagrees with any designation made under this Order,

informally. If the dispute cannot be resolved and the receiving party concludes in good faith that

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the materials have been improperly classified, the receiving party may seek appropriate relief

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from this Court. The designating party shall have the burden of proving that any document

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designated as CONFIDENTIAL is entitled to such protection. During the pendency of any

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Snell & Wilmer

the parties shall first try in good faith, via a telephone conference, to resolve the disagreement

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nev ada 89169
702.784 .5200

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challenge to the designation of a document or information as CONFIDENTIAL, the designated

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document or information shall continue to be treated as CONFIDENTIAL, consistent with the

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designating party’s designation, until the Court has ruled on the receiving party's motion.

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10.

Within sixty (60) days after the conclusion of this case, the parties shall assemble

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and return to the designating party all materials containing information designated in accordance

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with paragraph 2, above. The designating party may elect to have its designated materials

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destroyed rather than returned, in which case the other party shall provide written verification that

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the materials, including any summaries, extracts, compilations, notes or other attorney work

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product, have been destroyed.

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11.

This Order shall remain binding after the conclusion of this case unless otherwise

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ordered by the Court, and the Court shall retain jurisdiction over all parties bound hereby for the

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purposes of enforcing this Order. Each individual signing the acknowledgment attached as

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Exhibit “A” agrees to be subject to the jurisdiction of this Court for purposes of this Order.

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12.

This Order does not prevent any party from seeking to seal trial transcripts and/or

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trial exhibits, including documents previously filed under seal, or from seeking any other similar

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relief.

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13.

Neither the entry of this Order, nor the designation of any material as

"CONFIDENTIAL" nor the failure to make such designation shall constitute evidence on any
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Case 2:16-cv-02393-RFB-GWF Document 21 Filed 03/02/17 Page 4 of 5

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issue in this case. The designation of any materials as "CONFIDENTIAL" does not waive that

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party's objection to any discovery on the ground that it seeks information protected by Federal

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Rule of Civil Procedure 26(c) or other provision of law.

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AGREED and STIPULATED to by the parties on March 2, 2017:

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AGREED TO:

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nev ada 89169
702.784 .5200

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/s/ Bradley T. Austin
Bradley T Austin
Snell & Wilmer LLP
3883 Howard Hughes Pkwy.,
Ste. 1100
Las Vegas, NV 89169
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

/s/ David H. Krieger
David H. Krieger
Haines & Krieger, LLC
8985 S. Eastern Avenue
Suite 350
Henderson, NV 89123
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

Attorneys for Defendant Equifax Information
Services LLC

Attorneys for Plaintiff

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ORDER

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IT IS SO ORDERED.

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March 3, 2017
Dated: __________, _____

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UNITED STATES MAGISTRATE JUDGE

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Case 2:16-cv-02393-RFB-GWF Document 21 Filed 03/02/17 Page 5 of 5

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ATTACHMENT A

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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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The undersigned hereby acknowledges that he/she has read the Stipulated Protective

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Order in the above-captioned action, understands the terms thereof, and agrees to be bound by its

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terms. The undersigned submits to the jurisdiction of the United States District Court for the

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District of Nevada in matters relating to the Stipulated Protective Order and understands that the

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terms of the Stipulated Protective Order obligate him/her to use materials designated as

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CONFIDENTIAL in accordance with the Order solely for the purposes of the above-captioned

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action, and not to disclose any such materials designated as CONFIDENTIAL to any other

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nev ada 89169
702.784 .5200

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person, firm, or concern.
The undersigned acknowledges that violation of the Stipulated Protective Order may
result in penalties for contempt of court.

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Name: __________________________________________

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Business Address: __________________________________________

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Date: _________________

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Signature: ____________________________

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25890172.1

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